Acts and resolutions of the General Assembly of the state of Georgia. 1878-79 [volume 1] (2024)

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: JAS. P HARRISON 18780000 English

Page 1

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1878-79 18780000 18790000 COMPILED AND PUBLISHED BY AUTHORITY. ATLANTA, GA.: JAS. P HARRISON, PUBLIC PRINTER 1880.

Page 3

TABLE OF TITLES. PART I.PUBLIC LAWS. TITLE I.APPROPRIATIONS. TITLE II.TAXES. TITLE III.CONSTITUTION. TITLE IV.CODE. TITLE V.COUNTY OFFICERS. TITLE VI.BONDS. TITLE VII.DEPOSITORIES. TITLE VIII.EDUCATION. TITLE IX.HOMESTEADS. TITLE X.MILITARY. TITLE XI.MACON AND BRUNSWICK RAILROAD. TITLE XII.RAILROAD FREIGHTS AND TARIFFS. TITLE XIII.JUDICIARY. TITLE XIV.MISCELLANEOUS. PART II.CORPORATIONS. TITLE I.BANK AND INSURANCE COMPANIES. TITLE II.MANUFACTURING COMPANIES. TITLE III.RAILROAD COMPANIES. TITLE IV.STEAMBOAT COMPANIES. TITLE V.TELEGRAPH AND TELEPHONE COMPANIES. PART III.LOCAL LAWS. TITLE I.MUNICIPAL CORPORATIONS. TITLE II.SUPERIOR COURTS. TITLE III.COUNTY OFFICERS. TITLE IV.COUNTY COURTS. TITLE V.GAME, ETC. TITLE VI.LIQUORS. TITLE VII.ROADS. TITLE VIII.MISCELLANEOUS. PART IV.RESOLUTIONS.

Page 5

STATUTES OF GEORGIA PASSED BY THE GENERAL ASSEMBLY OF 1878-9. Part I.Public Laws. TITLE.....I.APPROPRIATIONS. TITLE.....II.TAXES. TITLE.....III.CONSTITUTION. TITLE.....IV.CODE. TITLE.....V.COUNTY OFFICERS. TITLE.....VI.BONDS. TITLE.....VII.DEPOSITORIES. TITLE.....VIII.EDUCATION. TITLE.....IX.HOMESTEADS. TITLE.....X.MILITARY. TITLE.....XI.MACON AND BRUNSWICK RAILROAD. TITLE.....XII.RAILROAD FREIGHTS AND TARIFFS. TITLE.....XIII.JUDICIARY. TITLE.....XIV.MISCELLANEOUS.

Page 7

TITLE I. APPROPRIATIONS. ACTS. For Support of Government1879-80. For Owen Smith. Salary of Physician to Penitentiary1879-80. For Special Committee to Investigate Treasury. For Survey of State Line between Georgia and North Carolina. For Special Committee to Investigate Comptroller General's Office. For Committee to Investigate Office of Principal Keeper Penitentiary. For Contingent Expenses of General Assembly, etc.1879. For Lunatic Asylum. For Joint Wild Land Committee. FOR SUPPORT OF GOVERNMENTYEARS 1879-80. No. 21. An Act making appropriations for the Executive, Legislative and Judicial expenses of the Government, and for other purposes herein mentioned, per annum, for the years eighteen hundred and seventy-nine and eighteen hundred and eighty. SECTION I. Be it enacted by the General Assembly of the State Georgia, That the following sums of money be, and the same

Page 8

are hereby, appropriated, per annum, for the years 1879 and 1880, to the persons and for the purposes respectively, hereinafter mentioned: Appropriations for the years 1879-'80. For compensation of the Governor of the State, four thousand dollars. SalariesGovernor. For compensation of the Secretary of State, two thousand dollars. Secretary of State. For compensation of the Comptroller-General, two thousand dollars. Comptroller General. For compensation of the State Treasurer, two thousand dollars. State Treasurer. For compensation of the Attorney-General, two thousand dollars. Attorney-General. For compensation of State Librarian, one thousand dollars. Librarian. For total compensation of the Secretaries, Messenger and Clerical force in the Executive Department, six thousand dollars. Secretaries, etc., Executive Dept. For compensation of the Clerk of the Secretary of State, one thousand dollars. Clerk Secretary State. For the clerical expenses of the Comptroller-General's Department, including the Insurance Department and Wild Land Clerk, four thousand dollars. Clerical expenses Comptroller Genl's office For compensation of the Clerk of the State Treasurer, sixteen hundred dollars. Clerk State Treasurer. SEC. II. Be it further enacted by the authority aforesaid, That for compensation of the President of the Senate, and the Speaker of the House of Representatives, seven dollars per diem, each, during the session of the General Assembly, and mileage at ten cents per mile, by the nearest practicable way, in going to and returning from the capital. Per Diem and Mileage President of Senate and Speaker of House. For compensation of the members of the General Assembly, during the session, four dollars per diem, each, and the same mileage as allowed the President of the Senate and the Speaker of the House of Representatives. Per Diem and Mileage Members of General Assembly. For compensation of the Secretary of the Senate, the sum of sixty dollars per diem, for this session, out of which sum he shall pay the entire clerical expenses of the Senate for the session, including the Clerks (if any) of the standing committees of the Senate. Secretary of Senate. For compensation of the Clerk of the House of Representatives the sum of seventy dollars per diem for this session, out of which he shall pay the entire clerical expenses of the House of Representatives, including the Clerk of the Judiciary Committee to whom he shall pay five dollars per diem, and the Clerk of the Enrolling Committee to whom he shall pay four dollars per diem for the days actually employed, the number of days they may be so employed to be reported to the House by the said Committees, respectively. Clerk of House. For compensation of the Stenographic Clerk of the Committee to investigate the conduct and motives of the Governor in endorsing the bonds of the North-Eastern Railroad Company, such sum

Page 9

as may be necessary to pay him at the rate of twenty cents for every one hundred words of the testimony taken down and written out by him. Expenses Committee to Investigate indorsem*nt N. E. R. R. bonds. For compensation of the Sergeant-at-Arms of said Investigating Committee, the sum of four dollars per day, for each day of actual service rendered by him. For payment of the incidental expenses of said Committee, including cost of stationery, telegraphing and necessary traveling expenses of witnesses, the sum of one hundred dollars, or so much thereof as may be necessary. For compensation of the Door-keeper of the Senate, Door-keeper of the House, and Messenger of the Senate, and Messenger of the House, each, four dollars per diem, and the same mileage as that received by members of the General Assembly. Compensation of officers and employes of the Legislature. For compensation of the Assistant Door and Gallery keepers of the Senate, and of the House of Representatives, each, four dollars per diem. For compensation of two porters for the Senate, and three for the House of Representatives, for sweeping and cleaning hall and galleries of the Senate and of the House of Representatives, and attendance on Committees, two dollars per diem, each. For compensation of one page of the Senate, and three pages of the House of Representatives, one and a half dollars per diem, each. For compensation of William Gaines and Henry Smith, for services in keeping the water closets at the capitol, one and a half dollars each per diem; provided they pay John Brown for the thirteen days he served out of their pay. For compensation of the Chaplain of the House of Representatives, one hundred dollars. Chaplain of House. SEC. III. Be it further enacted by the authority aforesaid, That the appropriation for the Judicial Department shall be as follows: Appropriation for Judicial Department For compensation of the Judges of the Supreme Court, thirty-five hundred dollars each, unless one or more of said Judges shall be elected by the General Assembly, or be hereafter appointed by the Governor, then the Judge or Judges so elected or appointed shall receive three thousand dollars, each, per annum. Judges Supreme Court. For compensation of the Judges of the Superior Courts, whose terms do not expire until 1880, twenty-five hundred dollars, each, per annum, and of those elected by the General Assembly, or appointed by the Governor, since the adoption of the present Constitution, two thousand dollars, each, per annum. Judges Superior Courts. For compensation of Solicitors General of the several circuits, two hundred and fifty dollars, each. Solicitors General. For compensation of the Reporter of the decisions of the Supreme Court, one thousand dollars. Reporter and Clerk Supreme Court. For compensation of the Clerk of the Supreme Court for printing, stationery, purchasing record books, and binding the opinions

Page 10

of the court, five hundred dollars, or so much thereof as may be necessary. SEC. IV. Be it further enacted by the authority aforesaid, That the appropriations for miscellaneous purposes be as follows: Miscellaneous appropriationsTrustees Lunatic Asylum. For compensation of the Trustees of the Lunatic Asylum, each, three hundred dollars. For compensation of the Principal Keeper of the Penitentiary, two thousand dollars, to be paid from the money received for the hire of the Penitentiary convicts. Principal Keeper penitentiary To defray the expenses of the Academy for the Blind, and for salaries of its officers, repairs, etc., twelve thousand dollars. Academy for Blind. For the support of the Institute for the Deaf and Dumb, and the pay of its officers and attaches, or such part of it as the Trustees may find necessary, fifteen thousand dollars. Institute for Deaf and Dumb. For the support and maintenance of the State Lunatic Asylum for the year 1879, forty-nine thousand six hundred and twenty-five dollars, in addition to the undrawn balance of fifty thousand three hundred and seventy-five dollars remaining in the Treasury from previous appropriations, and, for the year of 1880, the sum of one hundred thousand dollars, or so much thereof as may be necessary to be expended, only when directed by the Board of Trustees. And the Governor is authorized to make, at the commencement and middle of each quarter, a safe advance, to cover the cost of supplies and incidental expenses needed for that quarter: provided, that the Governor shall require of the Superintendent and resident Physician a quarterly itemized statement of all the expenditures, which statement shall be furnished to the Board of Trustees. Lunatic Asylum. For compensation of the resident Physician of the State Lunatic Asylum, twenty-five hundred dollars. For repairs of the public buildings in Milledgeville, the State House and Executive Mansion in Atlanta, furniture, coal, wood, gas, insurance, repairs of boilers to engine, hire of engineer, guards, servants and general incidental expenses, the sum of ninety-four hundred dollars, or so much thereof as may be necessary to be expended under the direction of the Governor, including one thousand dollars to be paid to the Keeper of the Public Grounds and Buildings. For building brick support to iron safe in Comptroller General's office, two hundred dollars. Safe in Comptroller General's office. For the payment of the interest of the regular State debt and eight per cent. bonds falling due eight hundred and three thousand dollars, or so much thereof as may be necessary. To pay regular State debt. SEC. V. Be it further enacted by the authority aforesaid, That the sum of ten thousand dollars, or so much thereof as may be necessary, be appropriated for the Contingent Fund. Contingent fund. That the sum of eight thousand dollars, or so much thereof as may be necessary, be appropriated for the Printing Fund, and that the sum of five hundred dollars, or so much as may be necessary,

Page 11

is hereby appropriated to pay the bill for stationery, including printing for the General Assembly. Printing fund. That the sum of fifty dollars, or so much thereof as may be necessary, be appropriated to pay the incidental expenses of each House of the General Assembly, to be paid out on an itemized account of the Secretary of the Senate, and Clerk of the House of Representatives, presented to the Governor. Incidental expenses General Assembly. That the sum of sixty-one dollars and seventy-five cents be appropriated to pay the expenses of the Joint Committee of the two Houses on the Deaf and Dumb Asylum for visiting that institution, to be paid out on an itemized account of actual expenses furnished by the respective chairmen. Expenses of the Legislative Committees appointed to visit the various State institutions. That the sum of fifteen dollars each, or so much thereof as may be necessary on an itemized account of actual expenses, furnished by the respective chairmen, be appropriated to pay the expenses of the Joint Committee of the two Houses on the Blind Asylum for visiting that institution. That the sum of three hundred and thirty seven dollars, or so much thereof as may be necessary, be appropriated out of the Penitentiary Fund to pay the actual expenses of the Joint Committee of the two Houses on the Penitentiary, for visiting the convict camps, to be paid on an itemized statement furnished by the respective chairmen. That the sum of twenty dollars each, or so much thereof as may be necessary, be apropriated to pay the actual expenses of the Joint Committee on the Lunatic Asylum for visiting that institution, to be paid on an itemized statement furnished by the respective chairmen. SEC. VI. Be it further enacted, by the authority aforesaid, That the respective amounts appropriated by this Act for the salaries of the various State officers, and for the clerical expenses of the various departments, shall be held and considered in full payment thereof, and such amounts shall not be increased, directly nor indirectly, by payments of additional sums from the Contingent Fund or any other fund, to such officers, their clerks, or any other person, by way of extra compensation, or for extra services or extra assistance rendered either to said officers, or in any of said departments, or in any other manner whatsoever, and should extra service or extra assistance become necessary to said officers, or in said departments, the same shall be paid for out of the above amounts respectively appropriated by this Act for salaries and clerical expenses, and out of such amounts alone; nor shall any money be paid out from any fund to any officer, or other person, as a salary, unless said salary is authorized by law, and the money duly appropriated therefor, either in this Act or some other Act of the General Assembly. The several amounts appropriated as salaries and clerical expenses shall not be increas'd directly or indirectly, by way of extra compensation for extra service. Relative to salaries. SEC. VII. Be it further enacted, by the authority aforesaid, That

Page 12

all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. TO OWEN SMITH. No. 343. An Act to appropriate the sum of forty dollars to pay the claim of Owen Smith, against the State of Georgia, for certain services rendered. WHEREAS, Owen Smith took care of and cleaned up the rooms occupied by the Enrolling Clerks during the session of 1877, and has received no compensation therefor, because of the misconception of the manner of presenting his said claim; therefore, Preamble. SECTION I. Be it enacted by the [Illegible Text] and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That the sum of forty dollars be, and the same is hereby, appropriated out of any money in the Treasury, not otherwise appropriated, to pay Owen Smith for services rendered the State. Owen Smith$40 appropriated. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8, 1879. FOR SALARY OF PHYSICIAN TO PENITENTIARY1879-80. No. 103. An Act to appropriate money to pay the salary of the Physician to the Penitentiary for the fiscal years of 1879 and 1880, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the sum of one thousand dollars, for the fiscal year 1879, and of two thousand dollars for the fiscal year, 1880, be, and the same are hereby, appropriated to pay the salary of the Physician to the Penitentiary; said sums to be paid out of the fund arising from the lease or labor of convicts. Salary. SEC. II. Be it further enacted by the authority aforesaid, That the sum of eight hundred dollars per annum, or so much thereof as may be necessary, be, and is hereby, appropriated to pay the traveling expenses of said officer in the discharge of the duties as said physician: provided, that said amount shall be paid from the fund arising from the hiring of convicts: provided further, that before said payment shall be made, the said physician shall render an itemized account to the Governor of such expenses. Traveling expenses, etc.

Page 13

SEC. III. That all laws and parts of laws in conflict with this Act are hereby repealed. FOR SPECIAL COMMITTEE TO INVESTIGATE TREASURY. No. 216. An Act to appropriate money to defray the expenses of the Special Committee of Nine on the investigation of the State Treasury. SECTION I. The General Assembly of Georgia do enact, That the sum of one hundred and eighty-eight dollars be, and the same is hereby, appropriated to defray the expenses of the Special Committee on the investigation of the State Treasury, to be disbursed as follows, to wit: To G. M. Tigner, for services as Stenographic Reporter to said Committee, one hundred and fifty-six dollars, and to R. A. Morris, for services as Sergeant-at-Arms to said Committee, thirty two dollars. Appropriation to defray expenses of the Committee appointed to investigate the Treasury. Approved October 8, 1879. FOR SURVEY OF STATE LINE BETWEEN GEORGIA AND NORTH CAROLINA. No. 221. An Act to appropriate money to defray the expenses of a survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina. SECTION I. The General Assembly do enact, That the sum of one hundred dollars be, and the same is hereby, appropriated to defray the expenses of a survey of the State line between Georgia and North Carolina, so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, which survey has been authorized and directed by Act of the present General Assembly. Appropriation to pay expenses of survey. SEC. II. Be it further enacted, That so soon as said survey has been completed, and return of the same made, as provided by the Act directing the survey, that the Governor be authorized and directed to draw his warrant upon the Treasury for the sum of one hundred dollars in favor of the Commissioner appointed upon the part of Georgia, to supervise said survey, out of which sum said Commissioner shall pay all the expenses attending said survey. Governor authorized to draw warrant for same. SEC. III. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved Oct. 18, 1879.

Page 14

FOR SPECIAL COMMITTEE TO INVESTIGATE COMPTROLLER GENERAL'S OFFICE. An Act to appropriate a afficient amount of money to pay the expenses incurred by the Special Committee of the House, appointed at the present session of the General Assembly to investigate the conduct of the office of Comptroller-General, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of two hundred and eighty-four dollars and seventy cents be, and the same is hereby, appropriated to pay the expenses of the Special Committee of the House appointed at the present session of the General Assembly, to investigate the conduct of the office of the Comptroller General. Appropriation to defray expenses. SEC. II. Be it further enacted, That the expenses provided for in the preceding section shall consist of pay of Stenographic Reporter, clerical services, Sergeant-at-Arms, witnesses, telegraphing and stamps, to-wit: Beneficiaries. Sam. W. Small, Stenographer, for reporting testimony by contract $146 90 For clerical services 16 days at $2.50 per day 40 00 For stamps used for Committee 60 E. B. Thomas, Sergeant-at-Arms, for 16 days' service at $3.00 per day 48 00 For clerical work on the transcribing of books in the revenue offices 15 00 A. J. Hunt, Haralson county, for two days' witness fee, at $2.00, and 170 miles travel at 5 cents. 12 50 J. H. Wikle, Cartersville, for two days' witness fees at $2.00, and 94 miles travel at 5 cents 8 70 H. W. J. Ham, Gainesville, for two days' witness fees at $2.00 and 106 miles travel at 5 cents. 9 30 C. D. Phillips, Chairman, for telegraphing for the Committee 3 70 Total $284 70 SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed.

Page 15

FOR COMMITTEE TO INVESTIGATE OFFICE OF PRINCIPAL KEEPER OF PENITENTIARY. No. 234. An Act making appropriation for the payment of expenses of the Special Committee on the investigation of the office of the Principal Keeper of the Penitentiary. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the following sums of money be, and the same are hereby, appropriated to the persons and for the purposes respectively hereinafter mentioned: For compensation of W. W. McKown for twenty-eight days service as Stenographic Reporter, at six dollars per day, one hundred and sixty-eight dollars. For mileage and compensation of W. W. Simpson, a witness before said Committee, for two hundred and sixty miles traveled in going to and [Illegible Text] from the capital, at five cents per mile, and for three days time in attendance on said Committee, at two dollars per daynineteen dollars. For mileage and compensation of W. M. Tumlin, a witness before said Committee, for four hundred and ninety miles traveled, in going to and returning from the capital, at five cents per mile, and for three days time at two dollars per daythirty dollars and fifty cents. For amount paid by F. Chambers for telegrams, five dollars and forty cents. Appropriation for expenses of Committee. Beneficiaries. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved Oct. 11, 1879. FOR CONTINGENT EXPENSES OF GENERAL ASSEMBLY, ETC., 1879. No. 354. An Act to appropriate money to defray the contingent expenses of the Senate and House of Representatives for the adjourned session of 1879, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That the sum of one hundred dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to defray the contingent expenses of the House of Representatives for the present adjourned session, and the sum of twenty-five dollars, or so much thereof as may be necessary, to defray the contingent expenses of the Senate for such session, the said sums to be disbursed by the Clerk of the House and Secretary of the Senate, respectively; also the further sum of seventy-five dollars and fifty cents, to C. M. Goodman, for services rendered in handling and placing the portrait

Page 16

of Dr. Crawford W. Long; also the sum of two dollars per day during the present session to Sam Steele, porter of the Senate; also the sum of eighteen dollars to G. Y. Tigner, Stenographic Reporter of special Committee of the House of Representatives to investigate the Public Printer; also the sum of one hundred dollars to the Rev. John P. Duncan, Chaplain of the Senate, and the sum of one hundred dollars to the Rev. John Jones, Chaplain of the House of Representatives; and the further sum of three hundred and forty-three dollars and thirty cents to pay bills of Phillips Crew for stationery for the use of the General Assembly; also the sum of fifty cents additional per day, each, to Peter McMichael, Sam Steele, Howard Joiner, Henry Gunn, William Gaines, George Perkins and Charles H. Smith, attendants waiting upon the Senate and House of Representatives; and that the further sum of one hundred dollars, or so much thereof as may be necessary, be, and is hereby, appropriated to defray the expense of removing the State library; also one hundred and twelve dollars and fifty-six cents to pay A. F. Cooledge, Stenographic Reporter of the special Committee to investigate the Department of Agriculture, and the further sum of eighty-eight dollars to pay J. Henly Smith for twenty-two days' service rendered said Committee, and six dollars to William Gaines and Charles H. Smith for painting doors and windows of the water closets; also the sum of one hundred and twenty-five dollars, or so much thereof as may be necessary, to pay the actual necessary expenses of the special Committee upon the Macon and Brunswick Railroad, to be paid out upon an itemized account rendered by the members of said Committee; also the further sum of twenty-five dollars, or so much thereof as may be necessary, to pay C. K. Mattox, Stenographic Reporter for the special Committee to examine and report the amount paid to associate and advisory counsel to the Attorney General, in cases wherein the State is either a party defendant or plaintiff. Appropriation to pay expenses of the General Assembly. House. [Illegible Text]. C. M. Goodman. T.Y. Tigner. Rev. J. P. Duncan. Rev. John Jones. Phillips Crew. Porters. State Library. A. F. Cooledge. J. H. Smith W. Gaines and C. H. Smith. Committee on M. B. Railroad. C. K. Mattox SEC. II. Be it further enacted, That the sum of two thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, appropriated to pay the expenses of the trials of Washington L. Goldsmith, late Comptroller-General, and John W. Renfroe, Treasurer, to be paid upon itemized accounts under oath. Appropriation for the expenses of the trials of Comptroller General and State Treasurer. SEC. III. Be it further enacted, That the sum of one hundred and fifty dollars be, and the same is hereby, appropriated to Jackson T. Taylor, to compensate him for the work of making an index for the House Journal and the Journal of the Senate for the present session of the General Assembly, including this and the last year's parts of said session, and that the same be paid by warrant of the Governor when satisfactory evidence is furnished him that the said work has been performed. J.T. Taylor. SEC. IV. That all laws and parts of laws in conflict with this Act are hereby repealed.

Page 17

TO LUNATIC ASYLUM. No. 46. An Act to appropriate the sum of twenty-five thousand dollars, and the walls and buildings of the old [Illegible Text], to the Trustees of the Lunatic Asylum, for the purpose of enlarging the buildings for the colored patients, to fit up a number of rooms in the main building, and to make other improvements and repairs, as set forth in their official report to the Governor for the year 1878, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the sum of twenty-five thousand dollars, and the walls and buildings of the old Penitentiary, or so much thereof as may be necessary, is hereby appropriated to the Trustees of the Lunatic Asylum for the purpose of enlarging the buildings for the colored patients, fit up a number of rooms in the main building, and to make other improvements and repairs, as set forth in their report to the Governor for the year 1878. And the Governor is hereby authorized to draw his warrant upon the Treasurer, in favor of said Trustees, for said sum of twenty-five thousand dollars, to be paid out of any unexpended fund in the Treasury. Appropriation to [Illegible Text] of [Illegible Text] Asylum. Improvements. Governor to draw his warrant for sum [Illegible Text] SEC. II. Be it further enacted, That said Trustees are hereby authorized and directed, in making said improvements and repairs, to employ and use such portions of the walls and buildings of the old Penitentiary at Milledgeville as may be found necessary, and said Trustees shall do this in such manner as will least impair the value of that portion, if any, of said walls and buildings as may not be needed for the purposes above mentioned. May use such [Illegible Text] of old [Illegible Text] walls, etc. as may be necessary SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 11, 1879. FOR JOINT WILD LAND COMMITTEE. No. 148. An Act to appropriate a sufficient amount of money to pay the expenses incurred by the Special Joint Wild Land Committee appointed at the present session of the General Assembly, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That the sum of thirteen hundred and forty-three dollars and eighty cents ($1,343.80) be, and the same is hereby, appropriated to pay the expenses of the Special Joint Wild Land Committee, appointed under resolution of the present General Assembly, approved December 11, 1878. Wild Land Committeeexpense of.

Page 18

SEC. II. Be it further enacted, That the expenses provided for in the preceding section shall consist of per diem pay of members of said Committee, Stenographic Reporters and Clerks, Book-keeper, Sergeant-at-Arms, Porter, witnesses and officers, telegraphing and stamps, to-wit: Items of expense. D. A. Russell, 37 days services as committeeman at $4 per day $148 00 Telegraphing and stamps 6 25 A. D. Candler, 18 days services at $4 per day 72 00 P. D. Davis, 31 days services at $4 per day 124 00 L. Strickland, 39 days services at $4 per day 156 00 J. C. Maund, 18 days services at $4 per day 72 00 John M. Graham, (Stenographic Reporter) 18 days at $5 per day 90 00 W. W. McCown, (Stenographic Reporter) 35 days at $5 per day 175 00 J. R. Christy, (taking evidence) 2 days at $5 per day 10 00 Mr. Pollard, (Book-keeper) 10 days at $4 per day 40 00 E. B. Thomas, (Sergeant-at-Arms) 32 days at $3 per day 96 00 Peter McMichael, (Porter) 31 days at $1 per day 31 00 G. W. Garmany, (witness) attendance on committee, 4 days at $2 per day, and traveling 580 miles at 5 cents per mile 37 00 S. G. McLendon, (witness) attendance on committee, 4 days at $2 per day, and traveling 534 miles at 5 cents per mile 34 70 M. H. Baldwin, (witness) attendance on committee 3 days at $2 per day, and traveling 400 miles at 5 cents per mile 26 00 T. R. Lyon, (witness) attendance on committee 2 days at $2 per day, and traveling 444 miles at 5 cents per mile 26 20 A. W. Davis, (witness) attendance on committee 5 days at $2 per day and traveling 400 miles at 5 cents per mile 30 00 G. W. Lawrence, (witness) attendance on committee 3 days at $2 per day, and traveling 70 miles at 5 cents per mile 9 50 J. L. Hight, (witness) attendance on committee 3 days at $2 per day, and traveling 70 miles at 5 cents per mile 9 50 B. F. Biglow, (witness) attendance on committee 3 days at $2 per day, and traveling 180 miles at 5 cents per mile 15 00 M. D. Vaughn, (witness) attendance on committee 1 day at $2 per day, and traveling 42 miles at 5 cents per mile 4 10 W. B. Sapp, (witness) attendance on committee 2 days at $2 per day, and traveling 310 miles at 5 cents per mile 19 50 Daniel Lott. (witness) attendance on committee 3 days at $2 per day, and traveling 282 miles at 5 cents per mile 20 10 W. T. McArthur, (witness) attendance on committee 3 days at $2 per day, and traveling 400 miles at 5 cents per mile 26 00

Page 19

J. W. Griffin, (witness) attendance on committee 3 days at $2 per day, and traveling 310 miles at 5 cents per mile 21 50 Nelson Tift, (witness) attendance on committee 3 days at $2 per day, and traveling 418 miles at 5 cents per mile 26 90 J. P. A. DuPont, (witness) attendance on committee 1 day at $2 per day, and traveling 16 miles at 5 cents per mile 2 80 J. L. Logan, one day's attendance on committee 75 Henry Banks, one day's attendance on committee 75 H. M. Schott, one day's attendance on committee 75 J. P. Ronan, serving subp[oelig]na 50 J. P. Goodwin, serving subp[oelig]na 50 J. T. Courson, serving subp[oelig]na 50 T. R. Whitaker, serving subp[oelig]na 50 N. G. Taylor, serving subp[oelig]na 50 S. Timmons, serving subp[oelig]na 5 00 W. G. D. Tonge, serving subp[oelig]na 5 00 $1,343 80 SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 20

TITLE II. TAXES. ACTS. For Support of State Government1879-80. Tax-paying Tenants to be Returned by Landlords. Fees of Receivers and Collectors Prescribed. FOR SUPPORT OF STATE GOVERNMENT AND INSTITUTIONS, 1879-80. No. 32. An Act to levy and collect a Tax for the support of the State Government and the Public Institutions, to pay the interest and portion of the principal of the Public Debt, and for educational and other purposes herein mentioned, for the fiscal years eighteen hundred and seventy-nine and eighteen hundred and eighty. SECTION I. The General Assembly of the State of Georgia do enact, That His Excellency, the Governor, be authorized and empowered, with the assistance of the Comptroller-General, to assess and levy a tax on the taxable property of the State, which will not exceed three-tenths of one per cent, exclusive of the tax already provided for by the law of eighteen hundred and seventy-three (to pay the eight per cent. bonds issued under an Act approved February 19th, 1873), and other taxes herein specified for each of the fiscal years eighteen hundred and seventy-nine and eighteen hundred and eighty. Tax for 1879 and 1880. Not to exceed 3-10 of 1 per cent, exclusive of tax provid'd for by law of 1873 to pay 8 per cent bonds. SEC. II. And be it further enacted, That in addition to the ad valorem tax on real 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 of 1879 and 1880: Specific taxes. 1. Upon every practioner of law, medicine or dentistry, ten dollars, and no municipal corporation shall levy any additional tax on these professions. Practitioners of law, medicine or dentistry Daguerrean Ambrotype, Photographic and similar artists. 2. Upon every daguerrean, ambrotype, photographic and similar artist, ten dollars. 3. Upon every person carrying on the business of an auctioneer,

Page 21

twenty-five dollars for each county in which they carry on business. Auctioneers 4. Upon every keeper of a pool or billiard table, kept for public use, twenty-five dollars for each table. Keepers of pool or billiard tables. 5. Upon every keeper of a bagatelle table for public play, twenty-five dollars for each table. Keepers of bagatelle tables. 6. Upon every keeper of any other table, stand or place, or any game or play with or without a name, (unless kept for exercise or amusem*nt not prohibited by law, and not kept for gain, directly or indirectly,) fifty dollars in each county. Other tables games, etc., with or without name, unless kept for exercise or amusem*nt not prohibited by law. 7. Upon each and every male inhabitant of this State, on the first day of April, between the ages of twenty-one and sixty years, a poll tax of one dollar for each of said years, for educational purposes. Poll tax for educational purposes 8. Upon every keeper of a ten-pin alley, or alley of like character, kept for public play, twenty-five dollars. Keeper of ten pin alley or [Illegible Text] of like character. 9. Upon all peddlers of patent or proprietary medicines, special nostrums, or other articles of like character, the sum of fifty dollars for each county in which they may peddle. Peddlers of patent medicines, etc. 10. Upon every person of firm selling patent or proprietary medicine, or other articles of like character, as the agent or agents of non-resident owners thereof, ten dollars for each county. Patent medicine vendors. 11. Upon all sleight of hand performances, magicians and negro minstrels, all shows or exhibitions, including each side-show accompanying circus companies, histrionic, dramatic and operatic (except for literary or charitable purposes) twenty five dollars in each and every town or city of five thousand inhabitants; twenty dollars in towns of four thousand and under five thousand inhabitants; fifteen dollars in towns of three and under four thousand inhabitants; ten dollars in towns of two and under three thousand inhabitants; five dollars in towns of less than two thousand inhabitants, and the sum of five dollars for each performance not in a town or city; provided, this shall not apply to histrionic, dramatic, operatic and elocutionary performances usual in theatres; said tax to be collected by the Tax Collector of the county in which such exhibition may take place. Sleight-of-hand performances, magicians, negro min strels, side shows, dramatic and operatic companies (except for literary or charitable purposes.) Tax to be collected by tax collect'r in county where exhibition occurs. 12. Upon every circus company, one hundred dollars for each day it may exhibit within the State of Georgia; to be collected by the Collector of the county in which such exhibition may take place; provided, that municipal and county authorities may also impose a tax, exclusive of this tax, on such exhibition within their limits. Circus companies. County and municipal authorities may impose additional tax. 13. Upon every person, or firm, soliciting policies of insurance, or otherwise acting as an agent for an Insurance company in this State, the sum of ten dollars in each county in which such person, firm or agent may solicit business; the same to be collected by the Tax Collector of each county, for the use of the State. Insurance agents.

Page 22

14. Upon each Sewing machine company, home or foreign, or dealer or dealers in sewing-machines, selling machines of home or foreign manufacture by themselves, or by agents, in this State, the sum of two hundred dollars, to be paid to the Comptroller-General; and all sewing machines belonging to such companies, dealers, or their agents, in possession of such companies, their agents, or others, shall be liable to seizure and sale for the payment of such license tax. This tax shall be for the whole State, and such companies shall not be subject to any county or license tax by county; provided, this tax shall not be demanded of regular merchants, or others, who buy and sell sewing-machines as other merchandize. Sewing Machine Companies. 15. Upon each emigrant agent, or the employer of such emigrant agent, doing business in this State, the sum of five hundred dollars for each and every county in which he may conduct said business; said tax to be paid to the Tax Collector of the several counties. Emigrant agents. 16. Upon all dealers in spirituous or malt liquors, or intoxicating bitters, whether dealing in either or all thereof, the sum of twenty five dollars for each place of business where the same are sold; said tax to be paid to the Tax Collectors of the several counties for educational purposes; provided, this tax shall not relieve such dealers from any local tax or prohibitory law in reference to the retail of spirituous or intoxicating liquors, nor be required of any one who sells by the wholesale spirits manufactured of apples, peaches, grapes, or other fruits, grown on his own land, when he sells in quantities of not less than five gallons. Liquor dealers. Wholesale dealers in spirits produced from apples, peaches, grapes or other fruits, grown on own land, if sold in quantities not less than five gallons, exempt from this tax. 17. Upon all peddlers using boats for peddling purposes on the rivers within the limits of this State, the sum of fifty dollars in each county in which they may peddle, and said tax shall be a lien on the boats and contents, without regard to ownership, and be collected by the Tax Collectors of the several counties. On peddlers using boats for the purpose, on rivers in this State. 18. All Express, Telegraph and Sleeping-car companies doing business in this State shall pay a tax of one per cent. on their gross earnings; and the superintendent or general agent of each Express, Telegraph and Sleeping-car company doing business in this State, shall make a return under oath, quarterly, as follows: On the last day of March, June, September and December in each year, to the Comptroller-General, an account of their gross earnings during the quarter ending on that day; and said taxes, herein levied, shall be paid by the respective companies, to the Comptroller-General, on or before the last day of December of each year. Express, telegraph and sleeping car companies. 19. Upon all lightning-rod agents, the sum of twenty five dollars for each and every county in which they may operate, to be collected by the Tax Collectors of the several counties. Lightning rod agents. 20. Upon every person or firm, who, as agent for non-resident owners, holds or keeps for hire or sale on commission any piano or pianos, or other musical instruments, the sum of fifty dollars for

Page 23

each county in which such person or firm does business, to be collected by the Tax Collector. Person or firm dealing as agent for non-resid'nt owner of any musical instrum'nts. SEC. III. And be it further enacted, That all home and foreign Insurance companies doing business in this State, shall pay one per cent. on all premiums in money or otherwise, received by them, and in addition to the tax herein imposed upon the gross receipts of the Insurance companies, all such companies, as well as Loan and Building associations, and other companies or associations doing a brokerage business in this State, such as discounting notes, bills, drafts or exchange, shall be taxed upon their capital so employed in the same manner and at the same rate as other monied capital in the hands of private individuals is taxed. Home and foreign insurance companies. Loan and building associations and other [Illegible Text] doing brokerage business liable to tax SEC. IV. Be it further enacted, That the president of all manufacturing and other incorporated companies or their agents other than Railroad, Insurance, Telegraph and Express companies, Lightning-rod companies, and all Sleeping car and Palace car companies shall be required to return all the property whatever, of their respective companies, at its true market value, to the Tax Receiver of the county where the same is located, (or where the principal business of each company is located) to be taxed for State purposes and county purposes, also, as other property in this State. Certain incorporated companies required to return property for taxation. SEC. V. Be it further enacted, That no tax shall be assessed upon the capital of banks or banking associations, organized under the authority of this State, or of the United States, and located within this State, but the shares of stock of the stockholders of such banks or banking associations, whether resident or non-resident, shall be taxed in the county where such bank or banking association is located, and not elsewhere, at the same rate provided in this Act for the taxation of moneyed capital in the hands of private individuals. Authorized Bank capital not to be taxed. Shares of bank stock taxed as other moneyed capital. SEC. VI. Be it further enacted, That the president or principal agents of all the incorporated companies herein mentioned, except such as are required to make returns to the county Tax Receiver, shall make returns under the rules and regulations provided by law for such returns to the Comptroller-General, and subject to the same penalties and modes of procedure for the enforcement of taxes from companies or persons required by law to make returns to the Comptroller-General. Returns of incorporated companieshow made. SEC. VII. Be it further enacted, That the oath to be administered to all persons making returns of their taxable property shall be in the words following: You do solemnly swear that you will true answers make to all lawful questions which I may put to you, touching the return you are about to make, and that you will make a true return of all your cash or moneyed capital, and of all your other taxable property, at its market value on the first (1st) day of April preceding, to the best of your knowledge and belief, so help you God. And it shall be the duty of the officers receiving such returns

Page 24

to inquire of each and every person taking such oath touching all his taxable property and the market value of the same, and his liability for specific tax as named in this Act, and to propound the questions which may be published by the Comptroller-General under the law, for the purpose of eliciting full and true returns. Form of oath for returns of taxable property. Duty of tax officers. SEC. VIII. Be it further enacted, That all taxes assessed under this Act shall be collected in United States or National Bank currency, or gold and silver coin of the United States, and the value of the property taxed on the first day of April of each of said years, 1879 and 1880, in such currency, shall be the basis of the taxes. Taxes, how paid. SEC. IX. Be it further enacted, That no assessment shall be made for county or municipal purposes on the specific taxes herein imposed on practitioners of law, medicine, dentistry and photography, either by way of specific tax, or license fee. No additional tax allowed on specific tax imposed on practitioners of law, medicine, dentistry or photography. SEC. X. Be it further enacted, That the Comptroller General is authorized and empowered to order the Tax Receivers of this State to commence receiving the returns for taxable property immediately after the first (1st) day of April of the years 1879 and 1880, and that the Comptroller-General is empowered and required to cause the taxes to be collected by the twentieth day of December following. ReturnsReceivers to commence receivingwhen. SEC. XI. Be it further enacted, That nothing contained in this Act shall be so construed as to alter, change, or repeal an Act approved February 28th, 1874, entitled an Act to amend the laws of this State so far as the same relates to railroad companies, and to define the liability of such companies to taxation, and for other purposes, or to repeal so much of the Tax Act approved March 3d, 1875, contained in section XII of said Act, which relates to the imposition of tax upon railroads; but said Act of 1874 and section XII of the Act of 1875, are hereby ratified and confirmed, and, in the event of refusal by any railroad company to pay the tax provided in said Act of February 28th, 1874, on account of exemption in the charter of said company, it shall be the duty of the Attorney-General, when directed by the Governor, to institute proceedings to ascertain whether or not the charter of such company is liable to forfeiture by reason of any violation of its provisions, and the result of such proceedings shall be reported to the General Assembly. Taxes to be collected by 20th Dec. SEC. XII. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 25

TAX PAYING TENANTS TO BE RETURNED BY THEIR LANDLORDS. No. 161. An Act to make it the duty of free-holders, or their agents, to return the names of all tax-payers residing upon their premises, on the first day of April of each year. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be the duty of free-holders, or their agents, to make returns to the Tax Receiver of their respective counties, the names of all persons liable to pay taxes residing upon their premises, on the first day of April of each year, said returns to be made within the time now prescribed by law. Tenants to be returned by landlords. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 26, 1879. FEES OF TAX RECEIVERS AND COLLECTORS PRESCRIBED. No. 153. An Act to reduce and regulate the fees of Tax Receivers and Collectors in all the Counties of the State, to repeal all local laws relating thereto, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of January 1880, the commissions to be allowed to each Receiver and Collector of State and county tax shall be as follows, viz: Receivers and Collectors of taxescommissions of. On all digests for the first $1000 6 per cent. On all digests for the first excess over $100 to $2000 4 per cent. On all digests for the first excess over 2000 to 3000 3 per cent. On all digests for the first excess over 3000 to 4000 2[frac34] per cent. On all digests for the first excess over 4000 to 6000 2 per cent. On all digests for the first excess over 6000 to 8000 2 per cent. On all digests for the first excess over 8000 to 12000 2 per cent. On all digests for the first excess over 12000 to 18000 1[frac34] per cent. On all digests for the first excess over 18000 to 36000 1 per cent. On all digests for the first excess over 36000 1 per cent. SEC. II. Be it further enacted, That all laws heretofore enacted by the General Assembly, fixing the commission of Receivers of tax returns and Collectors of taxes in certain counties, different from

Page 26

the rates hereinbefore set forth, be, and the same are hereby, repealed. Conflicting laws repealed. SEC. III. Be it further enacted, That no Tax Collector shall in any event, receive any greater or different rate of commission, or rate of payment for the collection of county taxes, than he receives by this Act for collecting State taxes. Collectors' rate of commission. SEC. IV. Be it further enacted, That the commission of Tax Receiver, to be paid from county taxes, shall be one-half the amount allowed by this Act to Tax Collectors for collecting county taxes. Tax Receiveramount of commission allowed. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 27

TITLE III. CONSTITUTION. ACTS. Mode of Revising Jury Boxes [Illegible Text] Providing for Judges pro hac vice in certain cases. Sale of Liquor on Election Days Prohibited. Lobbying defined, and Punishment prescribed. Providing for Suspension of Treasurer and Comptroller General, etc. Jurisdiction of Justices and Monthly Terms prescribed. Use of Public Moneys by Public Officers for private gain prohibited. Special Exemption of Property from Taxation. Officers not to Receive Interest on Public Funds. (1) Mode of Selecting Jurors. (2) Mode of Selecting Jurors. Amendatory of Act of December 16, 1878, as to Selecting Jurors. Mode of Letting the Public Printing Prescribed. How Counties and Municipalities, etc., may incur Bonded Debt. To Supply Maimed Soldiers with Artificial Limbs. Mode of Transferring Boundary Lots to another County. Insurance Companies to make semi-annual Reports to Governor. Mode of Changing County Sites prescribed. MODE OF REVISING OF JURY BOXES PRESCRIBED. No. 299. An Act to carry into effect paragraph 2, section 18, article 6 of the Constitution, so far as to provide for the revision of the jury box, and for other purposes. SECTION I. Be it enacted by the General Assembly, That from and after the first day of January next, there shall be a board of jury commissioners, composed of six discreet persons, who are not county officers, who shall hold their appointment for six years, and who shall be appointed by the Judge of the Superior Court. That on the first appointment two shall be appointed for two years, two for four years, and two for six years, and their successors shall be appointed for six years. Jury commissionersappointment of. Terms of office. SEC. II. That the commissioners shall take the oath now required by law; and on the first Monday in June, 1880, or within thirty days thereafter, and biennially thereafter, at the same time they

Page 28

shall revise the jury lists, as provided in sections first, second and third of an Act approved December 16, 1878, entitled An Act to carry into effect Paragraph 2, Section 18, Article 6 of the Constitution of 1877, and shall receive two dollars each for every day's service in making such revision, to be paid from the county treasury. Oath, duties etc. SEC. III. That the Clerk of the Superior Court, shall be the clerk of the board of commissioners, and shall perform all the clerical duties now required by law to be performed, for which he shall receive three dollars for each day's service, to be paid from the county treasury. Clerk of [Illegible Text] court to act as clerk board of commissioners. SEC. IV. That on failure of commissioners of any county to revise the jury list as hereinbefore provided, the Judge of the Superior Court of such county, either in term time or at chambers, shall order the revision made at such time as he may direct. Jury listrevision of, may be ordered by the Judge. SEC. V. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. PROVIDING FOR JUDGES PRO HAC VICE IN CERTAIN CASES. No. 277. An Act to carry into effect section 4 paragraph 9, article 6, of the Constitution of the State in relation to the appointment of some person to preside in cases where the presiding Judge is disqualified. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That when, from any cause, the Judge of the Superior or any City Court, is disqualified from presiding in any civil case, and has failed to procure the services of a Judge to try said cause, then the parties litigant, by consent, may select any attorney of this State to preside in said case, and the attorney so selected, when the consent is entered on the minutes, shall exercise all the functions of a Judge in that case. Judgeselection of, by consent, to preside in Supr. or city courts, the presiding judge being [Illegible Text]. SEC. II. Be it further enacted, That in all cases aforesaid, when the case or cases are reached, in their order on the dockets, with out an agreement by the parties, then it shall be the duty of the Clerk of the Superior Court to select some competent attorney practicing in that court, who shall likewise have authority and preside in said case as aforesaid. Clerk of the Supr. court to selectwhen. SEC. III. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 15, 1879.

Page 29

SALE, ETC., OF LIQUOR ON DAYS OF ELECTION PROHIBITED No. 279. An Act to carry into effect article 2, section 5, of the Constitution of this State, and prohibit the sale or distribution of intoxicating liquors on days of election, and to provide a punishment for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any person who shall sell, give or furnish, any spirituous, intoxicating or malt liquors to any person, in any quantity whatever, within two miles of any election precinct in this State, on days of election, either State, County or Municipal, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in section 4310 of the Revised Code of 1873; provided, that nothing herein contained shall be construed to operate against prescriptions by physicians. Sale or distribution of spirituous liquors prohibited on election days. Penalty. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. LOBBYING DEFINED, AND PUNISHMENT THEREFOR PRESCRIBED. No. 280. An Act to carry into effect paragraph 5, section 2, article 1, of the Constitution, to define the crime of Lobbying, and provide for the punishment of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That lobbying is defined to be any personal solicitation of a member of the General Assembly of this State, during a session thereof, by private interview, or letter, or message, or other means and appliances not addressed solely to the judgment, to favor or oppose, or to vote for or against any bill, resolution, report, or claim pending, or to be introduced in either branch thereof by any person who misrepresents the nature of his interest in the matter to such member, or who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, resolution, report, or claim, for the purpose of procuring the passage or defeat thereof. But this does not include such services as drafting petitions, bills or resolutions, attending to the taking of testimony, collecting facts, preparing arguments and

Page 30

memorials, and submitting them orally, or in writing, to a committee, or member of the General Assembly, and other services of like character, intended to reach the reason of legislators. Lobbying defined. SEC. II. Be it further enacted, That any person convicted of the crime of lobbying, shall be punished by confinement in the penitentiary for a term not less than one year, nor more than five years. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. PROVIDING FOR SUSPENSION OF TREASURER AND COMPTROLLER GENERAL IN CERTAIN CASES, ETC. No. 184. An Act to carry into effect paragraph 18, section 1, article 5 of the Constitution of 1877, to provide for the suspension of the Treasurer or Comptroller General of the State, from the discharge of the duties of their offices in certain cases, and also for the appointment of suitable persons to discharge the duties of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the General Assembly of this State may suspend from the functions and duties of office, either the Treasurer or the Comptroller-General of the State, (by joint resolution duly adopted, after being read one time in each House on different days, and by a two thirds vote of members voting on the same,) whenever the interests of the State, or the proper administration of the law, demands such suspension. Treasurer and Comp. Generalsuspension of. SEC. II. Be it further enacted by the authority aforesaid, That whenever the Governor has trustworthy information that the State Treasurer or Comptroller-General is insane, or has absconded, or grossly neglects his duties, or is guilty of conduct plainly violative of his duties, or demeans himself in office to the hazard of the public funds or credit of the State, it shall be the duty of the Governor to suspend said Treasurer, or Comptroller-General, as the case may be, and report his reasons for such suspension to the General Assembly. Said suspension shall continue until the General Assembly shall otherwise direct. Governorduty of, to suspend, when. SEC. III. Be it further enacted by the authority aforesaid, That whenever the State Treasurer or Comptroller-General shall be suspended, as provided the first or second section of this Act, the Governor shall appoint some suitable person to discharge the duties of the office of Treasurer, or Comptroller-General, as the case may be, until the suspended official is restored by law, or until his successor is elected and qualified. And the person so appointed

Page 31

shall take the same oath and give the same bond required by law of the regular incumbent. Governor to appoint suitable person to discharge duties, when. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 30, 1879. JURISDICTION OF JUSTICES AND MONTHLY TERMS OF THEIR COURTS, ETC., PRESCRIBED. No. 36. An Act to carry into effect paragraph 2, section 7 of article 6 of the Constitution, and to fix and prescribe the jurisdiction of Justices of the Peace and Notaries Public in this State, and to require them to hold their courts monthly at fixed times and places. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace in this State shall have jurisdiction in all civil cases arising ex [Illegible Text], and in cases of injuries or damages to personal property, when the principal sum does not exceed one hundred dollars, and they shall hold their respective courts monthly at fixed times and places. All continuances shall be from term to term. Jurisdiction of Justices and Notaries. Courtswhen and where held. Continuances. SEC. II. Be it further enacted by the authority aforesaid, That from and after the passage of this Act the Justices of the Peace and Notaries Public who are ex-officio Justices of the Peace, shall have no criminal jurisdiction except to hold courts of inquiry to examine into accusations against any person or persons legally arrested and brought before them. Jurisdiction. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws, general or local, in conflict with this Act be, and the same are hereby, repealed. Approved July 21, 1879.

Page 32

PROHIBITING USE OF PUBLIC MONEYS BY PUBLIC OFFICERS, FOR PRIVATE GAIN. No. 136. An Act to carry into effect paragraph 5, section 2. article 5, of the Constitution, and to prohibit the State Treasurer, or any other officer of this State, or county, from using, either directly or indirectly, any money of the State; and to prohibit the State Treasurer, or any other officer of the State, or county, and any person whatsoever, from receiving, ro agreeing to receive, from any person, bank, or corporation, any fee, interest or reward, for the deposit or use of money of the State, and to prescribe a penalty therefor. SECTION I. Be it enacted, That if the State Treasurer, or any other officer of this State, shall use, directly or indirectly, the money of this State, such officer shall be deemed guilty of a felony, and on conviction shall be punished by imprisonment in the Penitentiary for any time not less than [Illegible Text], nor longer than twenty, years. Use of the State's money, for personal benefit, declared a felony Penalty. SEC. II. Be it enacted, That if the State Treasurer, or any other officer of the State, or county, or any other person whatsoever, shall receive, or agree to receive, from any person, bank, or corporation, any fee, interest or reward for the deposit or use of money of the State, such officer, or other person, shall be deemed guilty of a felony, and on conviction shall be punished by imprisonment in the Penitentiary for any time not less than five, nor longer than twenty, years. Receiving interest on public money prohibited. Penalty. SEC. III. Be it enacted, That nothing in this Act contained shall be construed to modify or change any law now of force relative to the conduct or liability of the Treasurer or any officer of the State. Not to conflict with law now in force. SEC. IV. All laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24, 1879. SPECIAL EXEMPTION OF CERTAIN PROPERTY FROM TAXATION. No. 9. An Act to carry into effect paragraph 2, of section 2, of article 7, of the Constitution of this State, in reference to the exemption from taxation of certain property therein described. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the following described property shall be exempt from taxation, to-wit:

Page 33

All public property, places of religious worship, and places of burial, all institutions of purely public charity, all buildings erected for and used as a college, incorporated academy, or other seminary of learning, the real and personal estate of any public library and that of any other literary association used by, or connected with, such library; all books, philosophical apparatus, paintings and statuary of any company or association kept in a public hall, and not held as merchandize or for purposes of sale or gain: provided, the above described property so exempted be not used for purposes of private or corporate profit or income. Certain property exempt from taxation provided it be not used for purposes of private or corporate gain or income. SEC. II. Be it further enacted, That all laws and parts of laws, whether general, local or special, in conflict with this Act, be, and the same are hereby, repealed. Approved December 10, 1878. [NOTE.The language of this Act is the same as that of the Constitution.] OFFICERS PROHIBITED FROM RECEIVING INTEREST ON PUBLIC FUNDS. No. 12. An Act to enforce paragraph I, section 9, of article 7, of the Constitution. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it is hereby enacted by the authority of the same, that the receiving, directly or indirectly, by any officer of the State, or county, or member or officer of the General Assembly, of any interest, profits, or perquisites arising from the use or loan of public funds in his hands, or moneys to be raised through his agency for State or county purposes, shall be deemed and held a felony, and on conviction shall be punished by imprisonment in the Penitentiary for a period not less than two years, nor longer than seven years, and shall be disqualified from holding office. Receiving interest or profit on public money by an officer prohibited. Penalty. SEC. II. Be it enacted by the authority aforesaid, That from and after the passage of this Act all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 34

MODE OF SELECTION OF JURORS PRESCRIBED. No. 30. An Act to carry into effect paragraph 2, section 18, article 6, of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries. SECTION I. The General Assembly of the State of Georgia do enact, That whenever the Ordinary, together with the Clerk of the Superior Court and three Commissioners in each county in this State, appointed by the presiding Judge of the Superior Court, and constituting the Jury Commissioners, shall revise the jury list, and shall select from the books of the Tax Receiver upright and intelligent men to serve as jurors, and shall write the names of the persons so selected on tickets, as required by law, it shall be the duty of said Jury Commissioners to select from these a sufficient number, not exceeding two fifths of the whole number of the most experienced, intelligent and upright men, to serve as grand jurors, and the jurors left after such second selection, shall constitute traverse jurors. Jury commissioners. Shall revise jury list. Grand jurors. Traverse jurors. SEC. II. Be it further enacted by the authority aforesaid, That said Jury Commissioners shall place the tickets containing the names of grand jurors in a box to be provided at the public expense, which box shall contain apartments marked number one and two, from which grand jurors shall be drawn as now provided by law. Grand jury box. SEC. III. Be it further enacted, That said Jury Commissioners shall place the tickets containing the names of traverse jurors in a separate box, to-wit: the jury box now in use, or other similar box, from which traverse jurors shall be drawn, as now provided by law. Traverse jury box. SEC. IV. Be it further enacted, That the Clerk of the Superior Court shall make out in a book lists of the names respectively contained in the grand jury box and in the traverse jury box, alphabetically arranged, and place said book in his office, after the lists therein have been certified by the Ordinary, Clerk and Commissioners to contain, respectively, all the names placed in said jury boxes. List of jurors. SEC. V. Be it further enacted, That the Jury Commissioners of each county in this State shall meet at the Court House on the first Wednesday in January, A.D. 1879, and revise the jury list, and select grand jurors and traverse jurors according to the provisions of this Act; and after such revision and selection, grand jurors and traverse jurors shall be drawn to serve at the next term of the Superior Court in the manner provided by exising laws for the drawing of grand jurors in vacation, where the presiding Judge of

Page 35

said Court fails to draw such jurors at any regular term of said Court; and the jurors so drawn shall be summoned and shall serve at the next term of said Court whether grand jurors and traverse jurors have been drawn under existing laws at the last regular term of said Court held in the year 1878 or not. The jury commissioners shall revise the jury lists. Traverse jurorshow to draw SEC. VI. Be it further enacted, That whenever the presiding Judge of the Superior Court shall fail to draw juries at any regular term of said Court, the Jury Commissioners may draw traverse jurors at the same time, and in the same manner as grand jurors are drawn in such cases under existing laws. How drawn when Presiding Judge fails to select. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878. MODE OF SELECTING JURORS PRESCRIBED. No. 28. An Act to carry into effect Paragraph 2, Section 18, Article 6 of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for the drawing of juries in all City Courts whose Judges are commissioned by the Governor of this State, and whose civil jurisdiction does not extend beyond the limits of the city where such Court is held. SECTION I. 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 it shall be the duty of the Clerk of any City Court, the Judge of which is commissioned by the Governor of this State, and the civil jurisdiction of which does not extend beyond the limits of the city where such court is held, to select from the grand jury list and the traverse jury list of the Superior Court of the county in which such City Court is located, the names of all grand jurors and traverse jurors who reside within the corporate limits of the city where such court is held, and to make separate lists of the same, which lists shall be kept in a conspicuous place in his office, and the persons whose names are on such lists, respectively, shall be the grand jurors and traverse jurors of such City Courts. That the Clerk of such City Court shall write on separate cards, or tickets, the name of each grand, Juror, and shall place the same in a box containing two apartments numbers 1 and 2, from which the grand jurors shall be drawn as now required by law; that said Clerk shall write on separate

Page 36

cards, or tickets, the name of each traverse juror, and shall place the same in the jury box, or other similar box now in use, from which the traverse jurors shall be drawn, as now required by law; and for the services rendered under this act, the Clerk shall have a reasonable compensation to be allowed by the Judge. Grand and traverse jurors for city courtsLists. how made. Grand jury box. SEC. II. And it is further enacted by the authority of the same, That all laws with reference to the drawing or selecting of jurors in the Superior Courts of this State shall be held to apply, so far as they are applicable, to the said City Courts. But no general law now of force, or hereafter framed, prescribing the compensation of Jurors in this State, or the manner of fixing the same, shall apply to said City Courts, unless said City Courts are especially referred to and included in said Act. Jurors for city courts drawn as jurors for Superior courts. Compensation of jurors in city courts. SEC. III. And it is further enacted by the authority of the same, That all laws or parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved December 17, 1878. AMENDATORY OF ACT OF DECEMBER 16, 1878, PROVIDING FOR SELECTION OF JURORS. No. 78. An Act to amend an Act to carry into effect paragraph 2, section 18, of article 6 of the Constitution of 1877, so as to provide for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and of intelligent and upright men to serve as traverse jurors, and for drawing juries. Approved December 16, 1878. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in all counties of this State in which there has been no revision of the jury lists, as required by the provisions of the above recited Act, it shall be the duty of the Jury Commissioners to meet at the court house on the first Monday in September in the year 1879, or, on failure to do so at that time, within thirty days thereafter, and revise the jury lists in the manner provided by said Act, and carry out all other requirements of the same in relation to the arrangement of the boxes and the drawing of juries. In counties where the jury lists have not been revised as required by law the same may be done as herein provided. SEC. II. 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 28, 1879.

Page 37

MODE OF LETTING PUBLIC PRINTING PRESCRIBED. No. 66. An Act to prescribe the manner, terms, and specifications for letting the public printing to the lowest bidder in accordance with article 7, section 17, paragraph 1, of the Constitution. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the office of Public Printer shall expire with the term of the present incumbent, and the public printing shall be let to the lowest responsible bidder or bidders, who shall give adequate and satisfactory security in a sum not less than twenty thousand dollars for the faithful performance of the contract, and no member of the General Assembly, or other public officer, shall be interested, either directly or indirectly, in any such contract. The public printing to the lowest bidder. SEC. II. Be it further enacted, That the Secretary of State, the Comptroller-General, and the Treasurer of the State be, and they are hereby, appointed Commissioners of Public Printing, with full powers to contract for and superintend the same under this Act, as hereinafter provided, and any two of them shall be sufficient to act. Commissioners of printing. SEC. III. Be it further enacted, That said Commissioners, on or by the first week in June, 1880, and every two years thereafter, shall give notice by advertisem*nt in one of the newspapers published in each of the Congressional districts of this State, that sealed proposals to do the public printing for the State will be received by them at the office of the Secretary of State, in Atlanta, for thirty days. That on the first Tuesday of August following, the public printing will be awarded to the lowest bidder whose bid is filed in compliance with law. Notice of receiving bids, when and where given. When awarded. SEC. IV. Be it further enacted, That when bids are made to do the public printing, such bids must be based on the following stipulations, specifications and requirements, to-wit: That the Laws shall be completed and delivered in the office of the Librarian of the State, at the Capitol, within thirty days from the adjournment of each session of the Legislature. The Journals shall be printed and delivered in the office of the Librarian within thirty days from the adjournment of each session of the Legislature. The paper on which the Laws and Journals are printed shall be No. 1 sized and super-calendered white book. That for the Laws size 26 by 40 inches, and weighing fifty pounds to the ream. The paper for the Journals, size 24 by 38; weighing fifty pounds to the ream. The paper used in printing the messages of the Governor, the reports of heads of departments of State government, the reports of committees of the Legislature, and all other documents of similar character, must be the same as that used on the Journals. Stipulations specifications, etc.

Page 38

All blank books made for the use of the State shall be manufactured of the best ledger writing-paper of Byron Weston's, or other equally good make, and the binding full, with extra Russia ends and bands. The Tax and Wild Land Digests shall be ruled, printed and bound in the same style as the Digests of 1878. The paper for the Tax Digests shall be on thirty-six pound double flat-cap of Whiting's, or other equally good make. The Wild Land Digests of the same paper, twenty-eight pound demy. The bills printed for the two Houses of the General Assembly while in session shall be on Whiting's, or other equally good make, thirty-six pound double flat-cap, in the same type (small pica) and the same size sheet as bills of 1878. All blanks for the use of the State shall be on the same paper as that used for the bills of the Legislature, unless otherwise directed by those competent to do so under the law. The type used in printing the Laws shall be new small pica, and for the head and side notes new nonpareil, to be set in the same style and measure as the laws of 1877. The type for the Journals shall be new small pica, set in the same style and measure as the Journals of the Legislature of 1877. Stipulations specifications, etc The type used on the reports of heads of departments, reports of committees of the Legislature, the messages of the Governor, and other similar documents, shall be in new small pica type, and table work in new nonpareil, or other suitable type. The bids for public printing shall be submitted in writing, under seal, and directed to the Commissioners of Public Printing with the following specifications, to-wit: On the Laws.For composition, cents per 1,000 ems. For paper of No. 1 white, sized and super-calendered, book size 24x40 inches, and weighing sixty pounds to the ream, cents per pound. For proof-reading, make-up and putting to press for each form of 16 pages, cents. For press-work on book press, with No. 1 book ink, costing not less than 75 cents per pound, cents per token of 250 impressions for forms of 16 pages. On the Journals.For composition, small pica type, per 1,000 ems, cents. For paper No. 1, sized and super-calendered, book size, 24x36 and weighing 50 pounds to the ream, per pound, cents. For proof-reading, make-up and putting to press each form of 16 pages, cents. For press work per token of 250 impressions on book, 75 cents book ink, 16 page forms, cents. For folding 16 page forms, per thousand sheets, For stitching Pamphlets.....1 section, 2 holes, per 100, 2 section, 3 holes, per 100, 4 to 6 section, 3 holes, per 100, 7 to 10 section, 3 holes, per 100, For stitching JournalsFrom 30 to 60 section, per 100, For gathering Pamphlets.....For 2 sections, per 100, For 4 sections, per 100, For 7 to 8 sections, per 100,

Page 39

For gathering Journals and LawsFor 30 to 60 sections, per 100, . For pressing the Laws and JournalsFrom 30 to 60 sections of 16 pages, per 100, . Stipulations Specifications, etc. For stabbing Journals, Reports or PamphletsFrom 4 to 8 sections, per 100, . For stabbing from 20 to 50 sections, 5 holes, per 100, For trimming PamphletsFrom 1 to 4 sect'ns, per 100, From 7 to 10 sect'ns, per 100, For trimming JournalsFrom 30 to 50 sections, per 100 copies. . For covering PamphletsFrom 1 to 5 sections, per 100, From 7 to 9 sections, per 100, For sewing LawsFrom 20 to 30 sections, per book, For making Cases for LawsNo. 30 Dary's tarboard, sheep back and corners; sides best tea cover, 35th 20x25 flat paper, per case . For rounding and casing the Laws, per copy, . For ruling Tax Digests per ream, . For composition, per 1,000 ems, . For make-up and putting to press, each form, . For press work, per token of 250 impressions, . For binding and labeling Digests. per 100 copies, For ruling Wild Land Digests, per ream, . For composition per 1,000 ems, . For make-up and putting to press. each form . For press work, per token of 250 impressions, . For binding and labeling Wild Land Digests, per 100 copies, . For Blank Books, extra Russia ends and bands, cap books, 20 sheets to the quire, per quire, . For Demy Books, 20 sheets to the quire, per quire, . Medium Books, 20 sheets to the quire per quire, . For Double Cap Books, 20 sheets to quire, per quire, . For Imperial books, 20 sheets to the quire, per quire, . For Super Royal Books, 20 sheets, per quire, . For printed headings on all books, from one line to six lines, . SEC. V. Be it further enacted, That in case the contractors fail to do the work according to contract, or fail to furnish materials according to contract, then the contractors and their securities shall be liable on their bond, and the Commissioners may, for any such failure, declare the bond forfeited, and may award the contract to the next lowest bidder, or re-let the work at once, in the same manner as hereinbefore set forth, as to them may seem best. SEC. VI. And be it further enacted by the authority aforesaid, That each of the securities on the bond of the person, or persons, to whom said contract may be awarded shall, at the time of signing the same, verify and state distinctly for what amount he becomes liable by reason of signing said bond. Sureties.

Page 40

SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 23, 1879. HOW COUNTIES, MUNICIPALTIES, ETC., MAY INCUR BONDED DEBT. No. 263. An Act to carry into effect paragraphs 1 and 2, section 7, article 7 of the Constitution, with reference to creating bonded debts for counties, municipalities and divisions, and to prescribe the manner in which elections shall be held, and to authorize the same, and for other purposes. SECTION I. 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, when any county, municipality or division shall desire to incur any bonded debt, as prescribed in paragraphs 1 and 2, section 7, article 7 of the Constitution of 1877, the election required shall be called and held as follows, to-wit: The officers charged with levying taxes, contracting debts, etc., for the county, municipality or division, shall give notice for the space of thirty days next preceding the day of election in the newspaper in which the sheriff's advertisem*nts 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 the county municipality or division. In said notice he shall specify what amount of bonds are to be issued, for what purpose, what interest they are to bear, how much principal and interest to be paid annually, and when to be fully paid off. Municipal debts. Notice of electionhow and by whom given. What notice shall specify. SEC. II. Be it further enacted, That said election shall be held at all the voting or election precincts within the limits of the county, municipality or division, and shall be held by the same persons and in the same manner, under the same rules and regulations that elections for officers of said county, municipality or division are held, and the returns shall be made to the officers calling or ordering the election, who shall, in the presence and together with the several managers (who bring up the returns), consolidate said returns and declare the result. Returns. SEC. III. Be it further enacted, That when said notice is given and said election held in accordance with the preceding section, if the requisite two-thirds of the voters of the county, municipality or division at said election vote for bonds, then the authority to issue the bonds in accordance with paragraphs 1 and 2, section 7, article 7 of the Constitution is hereby given to the proper officers of said county, municipality or division. [Illegible Text] vote may decide affirmatively. SEC. IV. Be it further enacted by the authority aforesaid, That in

Page 41

determining the question whether or not two-thirds of the qualified voters in said county, municipality or division voted in favor of the issuance of said bonds, the tally sheets of the last general election held in said county, municipality or division shall be taken as a correct enumeration of the qualified voters thereof. Bonds, by whom issued. SEC. V. Be it further enacted, That the owners of said bonds, when due, may, if necessary, enforce the collection thereof by suit in the proper court. Payment of bonds, how enforced. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 14, 1879. [52 Ga., [Illegible Text]. Piequett vs. Augusta, September Term, 1879.] TO SUPPLY MAIMED SOLDIERS WITH ARTIFICIAL LIMBS. No. 131. An Act to carry into effect the last clause of paragraph 1, section 1, article 7, of the Constitution of 1877. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That any person now a bona fide resident of this State, who enlisted in the military service of the Confederate States, or of this State, who, while engaged in said military service, lost a limb, or limbs, may furnish to the Governor of this State proof that such applicant has supplied himself with such needed artificial limb, or limbs, and the Governor, on reception of such proof is hereby authorized to draw his warrant on the Treasurer of this State in favor of such applicant for either amount hereinafter mentioned, to-wit: For a leg extending above the knee, one hundred dollars. For a leg not extending above the knee, seventy five dollars. For an arm extending above the elbow, sixty dollars. For an arm not extending above the elbow, forty dollars. Provided the said amounts of money may be allowed to any one entitled to the benefits of this Act who may prefer to supply himself with the said artificial limb. Artificial limbspersons [Illegible Text] to. SEC. II. Be it further enacted by said [Illegible Text], That such application shall contain proof of such applicant's being entitled to the benefits of this Act, and shall further state whether arm or leg has been supplied. If an arm, whether extending above the elbow, or not. If leg, whether extending above the knee, or not, and the Governor shall decide the sufficiency of the proof submitted. Proof. Warrant. SEC. III. Be it further enacted by the said authority, That no applicant shall receive the sum allowed under this Act oftener than once in five years. Application Once in five years. SEC. IV. Be it further enacted by the authority aforesaid, That all

Page 42

laws and parts of laws in conflict with this Act be, and the same are hereby, repealed Approved September 20, 1879. MODE OF TRANSFERRING BOUNDARY LOTS TO ANOTHER COUNTY. No. 259. An Act to carry into effect paragraph 3, section 1, article 11, of the Constitution of this State. SECTION I. The General Assembly of the State of Georgia do enact, That any citizen owning land adjacent to the boundary line of any county in this State who may desire, for the necessity or convenience of performing the duties of citizenship, to have such lands transferred to an adjoining county, such citizen shall petition the Ordinary of the county in which the land is situated for an order to have such transfer perfected, and it shall be the duty of such citizen to fully set forth in said petition the reasons for such transfer. When Ordinary may transfer boundary lots to another county. Reasons to be set forth. SEC. II. It shall be the duty of the Ordinary, after giving sixty day's notice of such application, by publication in the newspaper in which the county advertisem*nts are published, and by posting a written notice at the court house and at the court ground in the militia district from which said territory is proposed to be taken, to empanel a jury of twelve men to be obtained from the list of grand jurors drawn for the ensuing term of the Superior Court, by striking from said list all but the twelve; and it shall be the duty and privilege of the Ordinary and the applicant for the change, to strike alternately until only twelve [Illegible Text], who shall compose the jury, and whose duty it shall be, after hearing the evidence, to find, by recommendation for or against the change, that on the day or before the hearing of said application. as herein provided, any citizen of said county may file with the Ordinary his written objections to such change, which shall go to make up the pleadings in said case, and the applicant in each case shall be liable to pay all cost. Ordinary to give notice of application. How notice to begin. Jury to try the application. Citizens may file objections and jury shall try. Applicant liable for costs. SEC. III. The jurors, before hearing the evidence, shall have administered to them the following oath, to-wit: You and each of you, do solemnly swear that you shall make such verdict and recommendation as in your judgment shall best subserve the best interest of this county, as well as the interest and convenience of this applicant: so help you God. Oath of jurors. SEC. IV. Should said jury find for the applicant, and recommend that said transfer be made, the same shall be submitted to a jury of twelve from the county to which the above named territory is proposed to be attached, under the same provisions and regulalations

Page 43

as are provided in section 2 of this Act; and, if said jury should concur in the recommendation of said transfer, it shall then be the duty of the Ordinary to appoint three commissioners who shall, with the County Surveyor, make a careful survey of the county line so affected, giving the courses, bearings and distances, and return a certified copy of the same to said Ordinary to be filed with the records of his office, after the same shall have been recorded in the office of the Clerk of the Superior Court of said county. Jury of county to which land is to be attached to be empaneled. SEC. V. It shall be the duty of said Ordinary to transmit a certified copy of all proceedings, with the seal of his office theret o attached, to the Clerk of the Superior Court of the county to which said land has been transferred, who shall enter the same on the records of his office, and file said copy as other papers of record. Ordinary shall transmit certified copy. Must be recorded in Clerk's office Supr. Court. SEC. VI. It is further enacted, That the findings of the jury, as herein provided, shall be final and conclusive upon the question submitted. Verdicts decisive. SEC. VII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879. INSURANCE COMPANIES TO MAKE SEMI-ANNUAL REPORTS TO THE GOVERNOR. No. 204. An Act to carry into effect paragraph 5, section 12 of article 3, of the Constitution of Georgia. SECTION I. The General Assembly of Georgia do enact, That from and after the passage of this Act, all insurance companies in this State, or doing business therein, shall, through their chief officer or agent, residing in this State, make to the Governor semi-annual reports on the first day of January and July of each year, or within sixty days thereafter; which said reports shall contain a full and exact statement of their condition on the thirtieth day of June and thirty-first day of December then next preceding, to wit: The amount of the capital stock of the company; what part of the same has been paid up in cash, and what part in notes of the stockholders, and how such notes are secured; also, the assets of the company, specifying of what they consist, with the actual cash market value thereof; also, the liabilities of the company, specifying of what they consist, with proper classifications and details; also, the full and entire income and expenditures of the company for the preceding six months, with proper details of the same, and also any other facts pertaining to the business or condition of the

Page 44

company, which the Governor may require to be set forth in said report; which said reports shall be sworn to by the officer or agent making the same, to the best of his knowledge, information and belief. Semi-an'nal statement to be made to Gov'r. When to be made Statement to be made under oath. SEC. II. Be it further enacted, That at the time such report is made to the Governor, each company shall publish, at its expense, a duplicate thereof in a newspaper of general circulation, published in the town or city in this State where the office of the company, or agent making said report, is located. Duplicate to be published. SEC. III. Be it further enacted, That should any one of such insurance companies fail or refuse to comply with the provisions of this Act, it shall, by such failure or refusal, forfeit its right to do business in this State; and, on such failure or refusal, the Comp troller-General shall at once recall and cancel the license of such delinquent company. Failure forfeits right to do business. Duty of Comptroller General. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 3, 1879. MODE OF CHANGING COUNTY SITES PRESCRIBED. No. 229. An Act to carry into operation paragraph 4, section I, article II, of the Constitution. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, whenever two-fifths of the poll tax payers (as shown by the Tax Receiver's Digest last made out) of any county in this State shall petition the Ordinary of any county for the removal or change of the county-site of said county, said Ordinary shall at once grant an order directing an election to be held at the various election precincts in said county, not less than forty nor more than sixty days hence, notice of which election shall be published weekly for four weeks in the newspaper in which the Sheriff publishes his legal notices, previous to the day of said election, at which election all persons qualified to vote for members of the General Assembly are hereby declared qualified to vote at said election. Duty of Ordinary. Electionwhen and where held. Who may vote. SEC. II. Be it further enacted by the authority aforesaid, That said election shall be held and conducted, and returns made thereof, as is provided by law for members of the General Assembly of this State. Electionhow held and returns made thereof. SEC. III. Be it further enacted by the authority aforesaid, That at said election all voters in favor of removal, and to what place, shall

Page 45

endorse on their ballots For removal, and those who are opposed to removal shall endorse on their ballots Against removal, and if it shall appear that two-thirds of the votes cast at said election are in favor of removal to any one particular place, the General Assembly next convening after said election, may provide for the removal of said county site by appropriate legislation. How ballots shall be endorsed. Two-thirds vote necessary for removal. SEC. IV. Be it further enacted by the authority aforesaid, That the certificate of the Secretary of State, showing that said election was held, and that two-thirds of the qualified voters of said county (as indicated by the tax digest, as in section first) voted at said election in favor of removal shall be sufficient evidence of the holding of said election and the number of votes cast. Certificate of Sec'y of State as to election. SEC. V. Be it further 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 October 8, 1879.

Page 46

TITLE IV. CODE AMENDMENTS. ACTS. Certain [Illegible Text] foreclosed before debt due. Pay of non-resident witnesses in criminal cases. Where road hands may be compelled to work. Attachments for purchase money. Prescribing fees of Solicitors-General. Administrator's sale of insolvent papers. Where [Illegible Text] on realty shall be [Illegible Text]. Redemption of land sold for taxes. Salaries of County Judges. Juries how selected to try [Illegible Text] from divorce. [Illegible Text] hunting with dogs, fire-arms, etc. Date and service of summons in Justice Courts. Statements of persons on trial for [Illegible Text]. Venue of suits against certain insurance companies. Punishment of accessories after fact in misdemeanors. [Illegible Text] in criminal cases. Jurisdiction of Ordinary over Court contracts. Penalty for larceny from person. Prosecution not required in damage suits for torts. [Illegible Text] of [Illegible Text] in criminal cases. Concerning issue of bonds or [Illegible Text] for lost bonds, etc. Charters of private corporations by the courts. Trial of joint defendants. Recovery by widow or children for life of husband or father, etc. Commutation of the death penalty in cases of murder. R. H. [Illegible Text] [Illegible Text] of certain disabilities. Penalty for burning outhouses. Superior Court may charter schools, [Illegible Text], churches, etc. Crime of shooting at another defined and punished. Penalty for unlawful [Illegible Text] of woods. Arresting officers may carry [Illegible Text] on person, etc. Prescribing penalty for burglary. [Illegible Text] from Court of Ordinary in forma [Illegible Text]. Mode of paying [Illegible Text] witnesses from other counties. Wife a witness against husband in certain cases. Trials of claims in Justice Courts. When Road Commissioners may resign. Assignment of dower and trial of [Illegible Text] thereto. When guardian may cultivate plantation of ward. Authorizes Governor to purchase under tax sales. Laying off and platting homesteads, etc. Registration of dentists. Mode of appointing Judges of County Courts. Certain insurance companies not licensed by Comptroller-General.

Page 47

CERTAIN LIENS MAY BE FORECLOSED BEFORE DEBT IS DUE. No. 22. An Act to allow certain liens of landlords to be foreclosed before due, in certain cases. SECTION I. Be it enacted, by the General Assembly of the State of Georgia, That the liens of landlords, provided for by section 1978 of the Code, and by the Act of February 25th, 1875, amendatory of said section, may be foreclosed before the debt is due, if the tenant is removing or seeking to remove his crop from the premises. Section 1978 of the Code amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the provision of this Act be, and the same are hereby, repealed. Approved December 16, 1878. RELATING TO PAY OF NON-RESIDENT WITNESSES IN CRIMINAL CASES. No. 217. An Act to amend section 3845 of the Code of 1873 in reference to the pay of non-resident witnesses for the State in Criminal cases, by adding a proviso thereto, providing that such witnesses when subp[oelig]naed for the State to attend the same term of the Court, in more than one case, shall receive, each, per diem pay and mileage as though subp[oelig]naed in one case only; and to provide for payment of defendant's witnesses in certain cases. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 3845 of the Code of 1873, which provides the pay and mileage of non resident witnesses for the State in criminal cases, in the Superior Courts be amended by adding at the end of said section the following proviso, to-wit: Provided, that non-resident witnesses for the State, who have been subp[oelig]naed as such in more than one case, shall receive mileage in going to and returning from the Court, from which subp[oelig]na, or subp[oelig]nas issued, as though subp[oelig]naed in one case only, but shall receive the per diem pay now allowed by law for each days' attendance on the court, as a witness for the State, in any criminal case pending in said court: provided further, that in those counties where the law requires that the County Commissioners of the county shall approve its accounts, this Act shall not alter the same: provided further, that this Act shall not be construed to repeal any local

Page 48

law on the subject of paying witnesses. The foregoing provisions of said section, shall apply to defendants' witnesses, when in the discretion of the presiding Judge the ends of justice may demand it. Section 3845 of the Code amended as to non-residents. Compensation. The Act not to affect local laws for [Illegible Text]. May be applied to defendant's witnesses at discretion of Judge. SEC. II. Be it further enacted by authority of the same, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved October 8th, 1879. WHERE ROAD HANDS MAY BE COMPELLED TO WORK. No. 273. An Act to amend section 611, of the Code of 1873, which reads as follows: The same road hands shall not be compelled to work on more than one public road, which must come within three miles of their residence, except in opening a new road, when all the road hands of the road district are subject to work upon it. SECTION I. Be it enacted by the General Assembly of Georgia, That section 611 of the Code of 1873, be so amended as to read as follows: The same road hands shall not be compelled to work on more than one public road, which must come within three miles of their residence, or be the nearest public road to their residence, except in opening a new road, when all the road hands of the road district are subject to work upon the same. Section 611 of the Code amendedRoad Law. SEC. II. All laws and parts of laws in conflict with this amended Act are hereby repealed. Approved October 15, 1879. ATTACHMENTS FOR PURCHASE MONEY. No. 278. An Act to amend section 3293 of the Code, concerning attachments for purchase money. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3293 of the Code, defining the right of attachments for purchase money, be amended, by adding thereto the following words, to-wit: Or where said property is in the possession of any one holding the same for the benefit of said debtor, or in fraud against such creditor; and judgments on such attachments shall take rank from the date of the levy of the attachment. Section 3293 of the Code amended as to attachments for purch'se money.

Page 49

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. PRESCRIBING FEES OF SOLICITORS GENERAL. No. 284. An Act to amend section 1646 of the Code of Georgia in reference to the fee of Solicitors General. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1646 of the Code of Georgia of 1873 be, and the same is hereby, amended, by inserting immediately before the words: For each person indicted or presented, five dollars, in said section the words following to wit: For each person prosecuted to trial or plea of guilty for any offense not otherwise provided for, five dollars. Section 1646 of the Code amended as to fees of Solicitors General. SEC. II. Be it further enacted, That all laws and parts of laws special or general, in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. ADMINISTRATOR'S SALE OF INSOLVENT PAPERS. No. 285. An Act to amend section 2558 of the Code of 1873 as to the sale of insolvent papers by Administrators, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 2558 of the Code of 1873 be, and the same is hereby, amended by striking out of the sixth line of said section the words, Court house door, and inserting in lieu thereof the words, place of Sheriff's sale. Section 2558 of the Code amended as to sale of insolvent papers by administrat'rs. SEC. II. 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 October 16, 1879.

Page 50

WHERE MORTGAGES ON REALTY SHALL BE FORECLOSED. No. 292. An Act to amend section 3962 of the Code as to the county in which mortgages on realty shall be foreclosed. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 3962 of the Code, prescribing the place and manner of foreclosing mortgages on realty, be amended by adding to said section the following proviso, to-wit: Provided, that where the land covered by a mortgage consists of a single tract of land divided by a county line or county lines, such mortgage may be foreclosed on the entire tract in either of the counties in which part of it lies; provided further, if the mortgagor resides upon the land, the mortgage shall be foreclosed in the county of his residence. Section 3962 of the Code amended as to county in which mortgages are foreclosed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. RELATIVE TO REDEMPTION OF LAND SOLD FOR TAXES. No. 288. An Act to add to and amend section 898 of the Code of 1873 in relation to the mode of redeeming land sold under tax fi. fas., and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 898 of the Code of 1873, which reads as follows, to-wit: Whenever any land is sold by virtue of a tax execution issued under this Code, the owner thereof shall have the privilege of redeeming said land thus sold within one year by paying the purchaser the amount paid by said purchaser for said land, with ten per cent. premium thereon from the date of the purchase to the time of the payment, be, and the same is hereby, amended by adding after the word thereof in the second line the following, to wit: or any administrator, executor, guardian, or other trustee, so that said section shall read as follows: Whenever any land is sold by virtue of a tax execution issued under this Code, the owner thereof, or any administrator, executor, or guardian, or other trustee of the defendant in execution, shall have the privilege of redeeming said land thus sold within one year by paying the purchaser the amount paid by said purchaser for said land, with ten per cent. premium thereon from the date of the purchase to the time of payment. Section 898 of the Code amended as to mode of redeeming land sold under tax fi. fas.

Page 51

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. RELATING TO SALARIES OF COUNTY JUDGES. No. 182. An Act to amend section 281 of the Code of Georgia. SECTION I. Be it enacted by the General Assembly, That section 281 of the Code of Georgia which provides for the fixing of the salaries of the Judges of the County Courts, be amended by adding thereto the following proviso: Provided, nevertheless, that the said salary, when once fixed, shall not be increased or diminished during the term of office of said County Judge, and said Judges shall, during the remainder of their present term, receive the same salary per annum as that now fixed for the current year. Section 281 of the Code amended as to salary of County Judges. SEC. II. That all laws and parts of laws in conflict with this Act be repealed. Approved September 29, 1879. [NOTE.Thomas, County Judge, vs. Reese, County Treasurer. Decided by the Supreme Court September 24, 1878.] JURIESHOW SELECTED TO TRY DISABILITIES FROM DIVORCE GRANTED. No. 199. An Act to alter and amend section 1730 of the Revised Code of Georgia of 1873, which relates to the manner of selecting juries to try applications for the removal of disabilities imposed by the granting of divorces by the courts, by striking from the second and third lines thereof the words a special jury selected from the grand jury, and inserting in [Illegible Text] of the same, the words, a jury selected as juries are selected for the trial of common law cases. SECTION. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 1730 of the Revised Code of Georgia of 1873, which relates to the manner of selecting juries to try applications for the removal of disabilities imposed by the granting of divorces by the courts, by striking out of the second and third lines thereof the words, a special jury selected from the grand jury, and insert in lieu of the same, the words, a jury selected as juries are selected for the trial of common law cases. So that said section will read: Said application

Page 52

shall be tried at the first term of the court, by a jury selected as juries are selected for the trial of common law cases, who shall hear all the facts, and if in their judgment, the interest of the applicant, or society, demands the removal of such disabilities, the jury shall so find, and the party so relieved shall be allowed to contract a second marriage as though no marriage had ever existed between the applicant and the divorced person. Section 1730 of the Code amended as to juries in cases for removal of disabilities because of divorce. SEC. II. Be it further 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 October 2, 1879. ILLEGAL HUNTING WITH DOGS, FIRE-ARMS, ETC. No. 180. An Act to amend an Act, approved February 24 th, 1874, entitled An Act to amend section 4441 of the Code of Georgia in reference to illegal hunting with dogs, fire-arms or other implements, in and through any enclosed lands, etc. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That section first of an Act entitled an Act to amend section 4441 of the Code of Georgia be amended by adding at the end of said section the following words: Posting a card in two or more conspicuous places on enclosed lands, fields, walks, or pastures, and one at the door of the Court House in the county where such lands, fields, walks, or pastures are situated, forbidding all persons to enter upon and hunt or fish thereon, shall be held and deemed a legal notice under this section; so that said section, thus amended, shall read as follows: It shall not be lawful for any person to hunt with dogs, firearms or other implements, in or through any enclosed lands, fields, walks or pastures after being forbidden so to do, or ordered to desist therefrom by the owner thereof, or the person having the same in charge, or his or their agent; and for every violation of the provisions of this section the person so offending shall be deemed and held guilty of a misdemeanor, and subject to indictment in any court having jurisdiction thereof, and upon conviction, shall be fined or imprisoned, or both, at the discretion of the court, the fine not to exceed fifty dollars; the imprisonment not to exceed thirty days for each offense. Posting a card in two or more places on enclosed lands, fields, walks, or pastures, and one at the door of the Court House in the county where such lands, fields, walks, or pastures are situated, forbidding all persons to enter upon and hunt thereon, shall be held and deemed a legal notice under this section. Section 4441 of the Code amended in reference to illegal hunting. Notice, where posted. SEC. II. Be it further enacted by the authority aforesaid, That all

Page 53

[Illegible Text] and parts of laws in conflict with this Act be, and the same [Illegible Text] hereby, repealed. Approved September 29, 1879. DATE AND SERVICE OF SUMMONS IN JUSTICE COURTS. No. 179. An Act to alter and amend section 4141 of the Code of 1873, which provides for the dating and serving of summonses in the Justice Courts in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4141 of the Code of 1873 of this State be amended by striking out of said section all the words between the word cause in the second line and the word and in the fourth [Illegible Text] so that said section, when amended, will read as follows: [Illegible Text] All summonses shall bear date fifteen days before the time of the [Illegible Text] of the cause, and shall be served upon the defendant either by [Illegible Text] him a copy of the same in person, or by leaving such copy [Illegible Text] his usual and most notorious place of abode, at least ten days [Illegible Text] the trial. Section 4141 of the Code amended as to service of summons in Justice Courts. SEC. II. Be it further enacted by the authority aforesaid, That all [Illegible Text] and parts of laws in conflict with this Act be, and the same [Illegible Text] hereby, repealed. Approved September 29, 1879. STATEMENT OF PERSONS ON TRIAL FOR FELONY. No. 170. An Act to Amend section 4637 of the Code of Georgia, in reference to the statements of prisoners in cases of felony and the Act of 1874 amendatory thereof, entitled an Act to amend section 4637 of the Code of Georgia, by striking out the words, for a felony, in the second line of said section. Said last mentioned Act approved 28 th February, 1874. SECTION I. The General Assembly of the State of Georgia do enact, [Illegible Text] section 4637 of the Code of Georgia, in reference to the [Illegible Text] of prisoners in cases of felony as amended by An act [Illegible Text] an act to amend section 4637 of the Code of Georgia by [Illegible Text] out the words, for a felony in the second line of said [Illegible Text] approved February 28th, 1874, be amended by adding after the word it, in the fifth line of said before recited section, [Illegible Text] following words, to-wit: and the jury may believe such statement in preference to the sworn testimony in the case. Section 4637 of the Code amended as to statem'nt of prisoners

Page 54

SEC. II. And be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 27, 1879. VENUE OF SUITS AGAINST CERTAIN INSURANCE COMPANIES. No. 177. An Act to amend section 3408 of the Code of Georgia with reference to the venue of suits against Insurance Companies having more than one place of business in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 3408 of the Code of Georgia be, and the same is hereby, amended by adding in the 7th line thereof, between the words business and was, the words or in any county where such agency or place of doing business; so that said section, as amended, will read as follows, to-wit: Whenever any person may have any claim or demand upon any insurance company having agencies, or more than one place of doing business, it shall be lawful for such person, or persons, to institute suit against said insurance company within the county where the principal office of such company is located, or in any county where said insurance company may have an agency or place of doing business, or in any county where such agency or place of doing business was located at the time the cause of action accrued, or the contract was made, out of which said cause of action arose. Section 3408 of the Code amendedvenue of suits against insurance companies. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 29, 1879. PUNISHMENT OF ACCESSORIES AFTER THE FACT IN MISDEMEANORS. No. 45. An Act to amend and enlarge section 4310 of the Code of 1873, in relation to the punishment of persons convicted of misdemeanors, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the fourth line of section 4310 of the Revised Code of 1873, or so much of it as now reads, to work in a chain gang on the public works not to exceed twelve months, shall be amended and enlarged, so as to read as follows: To work in a chain-gang on the public works, or on such other works as the county authorities may employ the chain-gang,

Page 55

not to exceed twelve months; so that said section, when amended, will read as follows: Accessories after the fact, except where it is otherwise ordered in the Code, shall be punished by a fine not to exceed one thousand dollars, imprisonment not to exceed six months, to work in the chain-gang on the public works, or on such other works as the county authorities may employ the chain-gang, not to exceed twelve months, and any one or more of these punishments may be ordered in the discretion of the Judge; provided, that nothing herein contained shall authorize the giving the control of convicts to private persons, or their employment by the county authorities in such mechanical pursuits as will bring the products of their labor into competition with the products of free labor. Section 4310 of the Code amended. Penalty for accessories after the fact. Proviso. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repeated. Approved August 11, 1879. BAIL IN CRIMINAL CASES. No. 89. An Act to alter and amend section 4747 of the Code of 1873 on the subject of bail in criminal cases. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 4747 of the Code of 1873 be altered and amended by striking from the first and second lines thereof the words, No person shall give bail but once before indictment found, nor more than twice afterwards before trial, and inserting in lieu thereof the following: No person shall give bail more than twice before trial for the same offense, after presentment or indictment found. Section 4747 of the Code amended as to bail in criminal cases. SEC. II. 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 29, 1879. JURISDICTION OF ORDINARY OVER COURT CONTRACTS. No. 117. An Act to amend the law in relation to Court contracts, as contained in sections 2758 to 2772, inclusive, of the Revised Code of 1873, so as to confer upon the Courts of Ordinary, in such counties as have no County Courts, the power and jurisdiction to file, enforce and determine Court contracts, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That

Page 56

from and after the passage of this Act, the Courts of Ordinary, in such counties in this State as may not have County Courts established or organized, shall have power and jurisdiction to file, enforce and to hear and determine any issue arising out of what are known as Court contracts, in the manner and to the same extent as now allowed the County Courts of this State, and as is provided for in sections 2758 to 2772, inclusive, of the Revised Code of 1873. Sections 2758 to 2772 inclusive amended, and Courts of Ordinary to have jurisdiction of Court contracts in counties that have no County Courts. SEC. II. Be it further 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 September 12, 1879. PRESCRIBING PENALTY FOR LARCENY FROM THE PERSON. No. 33. An Act to alter and amend section 4411 of the Revised Code of 1873 in relation to the punishment of the offense of larceny from the person. SECTION I. The General Assembly of the State of Georgia do enact, That section 4411 of the Revised Code of 1873 prescribing the punishment of larceny from the person as follows, to-wit: A person convicted of this class of larceny shall be punished as prescribed in section forty-three hundred and ten (4310) of the Code, be, and the same is hereby, altered and amended so as to read as follows: The punishment for larceny from the person shall be as is prescribed in section forty-three hundred and ten (4310) of the Code, except in those cases where the article, money, or thing stolen, exceeds in value fifty dollars, then the punishment shall be imprisonment in the penitentiary for a term not less than two years, nor more than five years. Larceny from the person. Penalty changed. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved July 22, 1879. PROSECUTION NOT REQUIRED IN DAMAGE SUITS FOR TORTS. No. 78. An Act to alter and amend section 2970 of the Code of 1873, and for other purposes. SECTION I. 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 provisions of section 2979 of the

Page 57

Code of Georgia of 1873, which declares: If the injury amounts to a felony as defined by this Code, the person injured must either, simultaneously, or concurrently, or previously, prosecute for the same, or allege a good excuse for the failure so to prosecute, shall not apply to torts committed by railroad corporations, or other incorporated companies, or their agents, or employes, nor shall the same apply to natural persons. Section 2970 of the Code repealed. SEC. II. 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 27, 1879. [NOTESection 2970 of the Code, repealed by this Act.] RELATING TO FORFEITURE OF RECOGNIZANCES IN CRIMINAL CASES. No. 63. An Act to prevent the forfeiture of recognizances in criminal cases except when the prosecuting officer is ready for trial, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That no recognizances in criminal cases called out of the regular order in which they appear on the docket, shall be forfeited for the non-appearance of the principal, unless the Solicitor-General or other prosecuting officer, shall state in his place that the State is ready for trial Recognizances in crimiinal cases. How forfeited. SEC. II. 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 23, 1879. [NOTE.Code, Sections 4702 4703.] CONCERNING THE ISSUE OF LOST BONDS OR COUPONS. No. 84. An Act to amend sections 951, 952 and 953 of the Code, relative to the issuance of lost Bonds or coupons, so as to apply the same to Bonds or coupons, as well as to Bonds and coupons. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Sections 951, 952 and 953 shall be, and are hereby, amended so as to read as follows: 951. When any bond and coupon, or coupons alone, shall be lost, mutilated or destroyed the Governor may issue to the holder a new bond with coupon attached, or, if coupon alone be lost, mutilated or destroyed, he may direct the Treasurer to issue new coupons in lieu of such coupons

Page 58

as may be lost, mutilated or destroyed. 952. When mutilated, the mutilated bond or coupon must be surrendered; when lost or destroyed, the holder must make affidavit of such fact, that they were his, in his own or some other right at the time of the loss or destruction; if lost, that he has made diligent search, without avail, and despairs of ever finding them. 953. Having made such affidavit, he shall then, before receiving the new bond or coupon, give bond and security, to the Governor, in a sum double the amount of the bond and coupon, or coupons alone, so issued (as the case may be), conditioned to save the State harmless, on account of issuing said new bond and coupon, or coupons only, (as the case may be). Sections [Illegible Text] of the Code amended. Section 951, how amended. Section 952, how amended. Mutilated bonds or coupons to be surrendered. Affidavit of holder Section 953, how amended. Bonds in double the value of the lost or mutilated bonds and coupon, or coupons. SEC. II. 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. Conditioned to save the State harmless. Approved August 28, 1879. RELATING TO CHARTERS OF PRIVATE CORPORATIONS BY THE COURTS. No. 67. An Act to amend section 1676 of the Code of Georgia with reference to the creation of private corporations by the courts of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1676 of the Code of Georgia be, and the same is hereby, amended by adding to paragraph 1 of said section the following provisions, to-wit: And it may be lawful for any association of churches to be chartered for the purpose of promoting the cause of the Christian religion, charity, or education, by complying with the provisions of this section, except that they need not state the amount of capital to be used by them actually paid in, and when the meetings of said association are ambulatory, they shall not be required to set forth their place of business, and provided further, that said association may be chartered in any county in which a church belonging thereto may be located. And paragraph 3 of said section shall not apply to such corporations, and the publication of notice required shall be in the nearest public gazette to the county where the application is made. Section 1676 so amended as to authorize the incorporation of religious and charitable Associations. SEC. II. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 25, 1879. Act of 1876, p. 34, and Act of 1879, approved August 25.

Page 59

RELATING TO TRIAL OF JOINT DEFENDANTS. No. 6. An Act to amend section four thousand six hundred and ninety-two (4692) of the Revised Code of 1873 relating to the trial of joint defendants. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section four thousand six hundred and ninety-two (4692) of the Revised Code of 1873, regulating the manner of the trial of joint defendants, be, and the same is hereby amended, so as to read and be as follows: When two or more persons shall be jointly indicted for any offense, whether the offense be such as requires the joint action and concurrence of two or more persons or not, they shall be separately tried, if they or either of them elect so to severand when defendants are separately tried they shall be competent to testify for or against each other. If the offense be such as requires the joint action and concurrence of two or more persons, the acquittal or conviction of one, shall not operate as an acquittal or conviction of any of the others not tried, but they shall be subject to be tried in the same manner; provided, that the State also shall have the right of severance on the trial. Section 4692 of Revised Code amended. When joint defendants may sever on trial. When defendants sever on trial competent witnesses for or against each other. Acquittal or conviction of one shall not operate as the acquittal or conviction of any of the others not tried. Each shall be tried in same manner. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. State shall also have the right of severance on trial. Approved December 14, 1878. RECOVERY IN SUITS BY WIDOW OR CHILDREN FOR LIFE OF HUSBAND OR FATHER, ETC. No. 8. An Act to amend section 2971 of the Code of 1873 so as to provide that in case of suits under said section, either the widow or children, as the case may be, shall recover the full value of the life of the deceased, and prescribing the manner in which the widow shall hold the amount recovered, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2971 of the Code of 1873, which provides that a widow, or, if no widow, a child, or children, may recover for the homicide of the husband or parent, and if suit be brought by the widow or children, and the former or one of the latter dies, pending the action, the same shall survive in the first case to the children, and in the latter case to the surviving child or children, be, and the same is hereby, amended by adding thereto the following: The plaintiff, whether widow or child, or children, may

Page 60

recover the full value of the life of the deceased as shown by the evidence. In the event of a recovery by the widow, she shall hold the amount recovered, subject to the law of descents just as if it had been personal property descending to the widow and children from the deceased. Widow, child or children, may recover for homicide of husband or parent. Recoveryhow hold. SEC. II. Be it further enacted by the authority aforesaid, That no recovery had under the provisions of this Act, and the law of which it is amendatory, shall be subject to any debt or liability of any character of the deceased husband or parent. Recovery not subject to debts of deceased husband or parent. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved December 16, 1878. [McEwen vs. Springfield. decided by Supreme Court, September Term, 1879.] RELATING TO COMMUTATION OF DEATH PENALTY IN CASES OF MURDER. No. 15. An Act to repeal section 4323 of the revised Code of 1873, to prescribe the punishment for persons convictea of murder, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4323 of the Revised Code of 1873, which is as follows: The punishment of murder shall be death, but may be confinement in the penitentiary for life, in the following casesby sentence of the presiding Judge if the conviction is founded solely on circ*mstantial testimony, or if the jury trying the traverse shall so recommend. In the former case it is discretionary with the Judge; in the latter, it is notbe and the same is hereby repealed, and the following be submitted therefor: The punishment for persons convicted of murder shall be death, but may be confinement in the penitentiary for life, in the following cases: If the jury trying the case shall so recommend, or if the conviction is founded solely on circ*mstantial testimony, the presiding Judge may sentence to confinement in the penitentiary for life. In the former case, it is not discretionary with the Judge; in the latter it is. Section 4323 of Code amended. Judge has no discretion where jury on conviction for murder recommend imprisonment for life instead of death. Circ*mstantial evidence. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 61

RICHARD H. LEONARD RELIEVED OF CERTAIN DISABILITIES. No. 61. An Act for the relief of Richard H. Leonard, Ordinary of the county of Talbot, from his disability under section 327 and 328 of the Revised Code of 1873 so far as it relates to estates not fully administered at the time of his election and qualification, by allowing and requiring him to make his returns as Executor of James P. Leonard as Trustee of Anna J. Turner, as Trustee of Sakah C. Weekes, and as Guardian of Harriet V. Boon, to the Ordinary of Taylor county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That it shall be lawful for Richard H. Leonard, Ordinary of the county of Talbot, to complete the administration of the estates with which he was charged at the time of his election and qualification; and that he be required to make returns thereof to wit: as Executor of James P. Leonard, as Trustee of Anna J. Turner, as Trustee of Sarah C. Weekes, and as Guardian of Harriet V. Boon, to the Ordinary of Taylor county, and be by him dismissed according to law. Richard H. Leonard authorized to complete administration of estate. SEC. II. Be it further enacted by the authority aforesaid, That said executor, trustee and guardian shall have made out a full and complete transcript of his returns, and have the same recorded in the Court of Ordinary of the county of Taylor, at his own expense. Transcript of returns to be recorded in Taylor county. SEC. III. Be it further 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 23, 1879. PENALTY FOR BURNING OUT-HOUSES PRESCRIBED. No. 27. An Act to amend section 4379 of the Code of 1873 in relation to burning out houses, by specifically including gin-houses in said section, and increasing the penalty prescribed in said section. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 4379 of the Code of 1873 be amended by inserting after the word stable, in the second line of said section, the words gin-house; and striking out the word two, in the fifth line of said section, and inserting the word three; and striking out the word seven, in the sixth line, and inserting the word fifteen, so that said section shall read: The wilful and malicious burning of an outhouse of another, such as a barn, stable, gin-house, or any other

Page 62

house (except the dwelling-house), on a farm or plantation, or elsewhere (not in a city, town or village), shall be punished by imprisonment and labor in the Penitentiary for any time not less than three years and not more than fifteen years. Section 4379 of the Code amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. SUPERIOR COURT MAY CHARTER SCHOOLS, COLLEGES, CHURCHES, ETC. No. 24. An Act to repeal section 1677 of the Code, and in lieu thereof to provide for the granting and amending of charters for schools, academies, colleges and churches. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1677 of the Code, providing for the incorporation of academies and churches by the courts, be repealed, and in lieu thereof, that the following be established: The Superior Court, upon the petition of five discreet and proper persons, showing that a school, academy, college, or church, has been, or is about to be, established in the county where such court is sitting, and asking for corporate authority to enforce good order, receive donations, make purchases, and effect alienations of realty, or personalty, not for purposes of trade and profit, but for promoting the general design of such institution, and to look after the general interests of such an establishment, may grant to such persons and their legal successors, such corporate powers as may be suitable to their enterprise, and not inconsistent with the laws of the State, nor violative of private rights; the charter so granted to remain of force twenty years, unless sooner revoked by law, and upon petition by the corporators, or their legal successors in charge of any such institution, however and whenever incorporated, the Superior Court of the county where the same is located, shall have power to amend the charter thereof in any way prayed for; provided, the same is not contrary to the laws of the State, nor violative of private rights. Superior Court may incorporate schools, academies, or church's. Corporate powers of. Charter for twenty y'rs, and may be amended. SEC. II. Be it further enacted by the authority aforesaid, That the costs of recording such proceedings on the minutes shall be paid by the petitioners, and a certified copy of the same, under the seal of the court, shall be sufficient evidence in any case, of the corporate powers and privileges so granted. Costs of proceedi'gs. Certified copy of charte. Corporate powers and privileges. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 63

CRIME OF SHOOTING AT ANOTHER DESCRIBED AND HOW PUNISHED. No. 314. An Act to alter and amend section 4370 of the Revised Code of Georgia, which relates to the description and punishment of the offense of shooting at another. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That section 4370 of the Revised Code of Georgia, which reads as follows: Any person who shall be guilty of the offense of shooting at another, except in his own defense, or under circ*mstances of justification, according to the principles of this Code, with a gun, pistol or other instrument of the like kind, shall be punished by a fine not exceeding one thousand dollars, and imprisonment in the common jail not less than twelve months, or confinement in the penitentiary not less than one, nor more than four years in the discretion of the Court be, and the same is hereby amended, by striking out, at the end of the fourth line, between the word dollars and imprisonment, the word and, and insert in lieu thereof the word or, so that said section as amended shall read as follows: Any person who shall be guilty of the offense of shooting at another except in his own defense, or under circ*mstances of justification according to the principles of this Code, with a gun, pistol, or other instrument of the like kind, shall be punished by a fine not exceeding one thousand dollars, or imprisonment in the common jail not less than twelve months, or both, or confinement in the penitentiary not less than one nor more than four years, in the discretion of the Court. Section 4370 of the Code amendedshooting at another. How punished. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. PRESCRIBING PENALTY FOR UNLAWFUL FIRING OF WOODS. No. 309. An Act to amend section 1458 of the Revised Code of this State, of 1873, in relation to the penalty for setting fire to woods without notice. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 1458 of the Revised Code of this State be amended by striking out all of said section after the word sections, in the second line, and inserting the following, to-wit: Shall be deemed guilty of a misdemeanor, and, on conviction thereof; shall be punished as prescribed in section 4310 of said Code. Unlawful flring of woodspenalty.

Page 64

SECTION II. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. ARRESTING OFFICERS MAY CARRY WEAPONS ON PERSON TO PUBLIC PLACES. No. 266. An Act to alter and amend section 4528 of the Revised Code of Georgia of 1873. in reference to carrying deadly weapons about the person to public places in this State, by adding a proviso thereto so that said section shall not apply to any Sheriff, deputy Sheriff, Coroner, Constable, Marshal, Policeman, or other arresting officer or officers of this State or their posses, acting in the discharge of their official duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 4528 of the Revised Code of Georgia of 1873 be, and the same is hereby, altered and amended so that when said section is amended it will read as follows, to-wit: No person in this State is permitted or allowed to carry about his or her person, any dirk, bowie knife, pistol or revolver, or any kind of deadly weapon to any court of justice, or any election ground or precinct, or any place of public worship, or any other public gathering in this State except Militia muster grounds; and if any person or persons shall violate any portion of this section, he, she or they shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for each and every such offense, or imprisonment in the common jail of the county not less than ten nor more than twenty days, or both, at the discretion of the court; provided that this section shall not apply to any Sheriff, deputy Sheriff, Coroner, Constable, Marshal, Policeman, or other arresting officer or officers in this State or their posses, acting in the discharge of their official duties. Section 1528 of the Code so amended as to ex'mpt certain officers from its terms. Enumeration of officers excepted. SEC. II. Be it further 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 October 14, 1879.

Page 65

PRESCRIBING PENALTY FOR BURGLARY. No. 99. An Act to repeal sections 4387 and 4388, and to amend section 4386 of the Revised Coae of 1873, and to prescribe the punishment for burglary, and for other purposes. SECTION I. Be it enacted, That sections 4387 and 4388 of the Revised Code of 1873, which reads as follows: section 4387. Bur glary in the day-time shall be punished by imprisonment in the penitentiary for any time not less than three years, nor longer than five years, and section 4388, burglary in the night shall be punished by imprisonment in the penitentiary for any time not less than five years, nor longer than twenty years, and also that the last sentence of section 4386, reading as follows: burglary may be committed in the day or night, be, and the same are hereby, repealed. Section 4387 of the Code and last sentence of section 4386 in relation to burglary repealed. Penalty for burglary. SEC. II. Be it further enacted, That burglary shall be pnuished by imprisonment in the penitentiary for any time not less than one year, nor longer than twenty years. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 6, 1879. APPEALS PROM COURTS OF ORDINARY IN FORMA PAUPERIS. No. 140. An Act to amend section 3623 of the Code of 1873, by adding after the words in any suit at law, in the second line thereof the words or proceeding in the Court of Ordinary. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, section 3623 of the Code of 1873, which provides for appeals in forma pauperis, be amended by adding after the words in any suit at law, in the second line thereof, the words or proceeding in the Court of Ordinary. Appeals in forma pauperisproceedings in Court of Ordinary. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 24, 1879.

Page 66

MODE OF PAYING STATES WITNESSES FROM OTHER COUNTIES. No. 42. An Act to alter and amend section 3845 of the Code of 1873 providing for the payment of State's witnesses from other counties. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, section 3845 of the Code of 1873 which provides the mode and manner of payment of State's witnesses in criminal cases attending Superior Courts in counties other than their residence, be amended so as to read as follows: Witnesses for the State in criminal prosecution in the Superior Courts attending in a different county from that of their residence, shall receive, each, two dollars per day during their attendance, and two dollars for each thirty miles traveled in going and returning, verified on said witnesses subp[oelig]na, which said verification shall distinctly set forth the days of the month on which the attendance and service were performed and the number of miles traveled, which said attendance, service and mileage, shall be certified to by the Solicitor General of the circuit after the case has been tried or disposed of for the term, and after this is done, the amount so proved to be due, shall be paid out of the county funds. In case of conviction, the amount chargeable against the county shall be taxed in the bill of costs. But no subp[oelig]na for a non resident witness for the State shall be issued unless the same shall be signed by the Clerk of the Court, and the Solicitor General of the circuit. State's witnesses from other countieshow and what paid. Days and mileage certified by Solicitor Gen'lhow paid. On conviction, amo'nt taxed ag'nst county in bill of costs. When may issue. SEC. II. 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 1, 1879. WIFE A WITNESS AGAINST HUSBAND IN CERTAIN CASES. No. 112. An Act to amend section 4373 of the Revised Code of Georgia of 1873 so as to make the wife a competent witness in cases of abandonment. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 4373 of the Revised Code of Georgia of 1873, be, and the same is hereby, amended so that it will read as follows, to-wit: When wife may testify against husband. If any father shall wilfully abandon his child or children, leaving them in a dependent or destitute condition, such father shall be guilty of a misdemeanor, and on conviction thereof, shall be punished

Page 67

as prescribed in section 4310 of this Code; provided, that the wife shall be a competent witness in all such cases as provided for in this section to testify for or against her husband. Wilful abandonm't of child by father. How punished. SEC. II. 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 September 10, 1879. TRIAL OF CLAIMS IN JUSTICE COURTS REGULATED. No. 347. An Act to amend section 4159 of the Code of 1873, in relation to the trial of claim cases in Justice Courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4159, of the Code of 1873, in relation to the trial of claim cases in Justice Courts be, and the same is hereby, amended, by striking out of the same all words therein after the word law in the seventh line, and inserting in lieu thereof the following words: At the next regular term of the Justice Court held by said Justice of the Peace or Notary Public occurring after ten days from the filing of said claim. Section 4159 of the Code amended. Trial of claim cases in Justice Court. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879. WHEN ROAD COMMISSIONERS MAY RESIGN. No. 253. An Act to amend section 655 of the Code of 1873 by adding a proviso allowing Commissioners of public roads to resign after they have served two years consecutively. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, section 655 of the Code of 1873 be, and the same is hereby, amended by adding, at the end of said section, the following words, to-wit: Provided, that those who have served two years consecutively shall have the right to resign a third appointment if made immediately after two years' consecutive service. When Commissioners may resign. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879.

Page 68

CONCERNING ASSIGNMENT OF DOWER, AND TRIAL OF OBJECTIONS THERETO. No. 238. An Act to amend section 4045 of the Revised Code of 1873, by striking from the third line of said section the words of an adjoining county, so as to authorize the Commissioners appointed to assign dower to procure the aid of the County Surveyor, or any other competent surveyor, and to further amend said section by adding at the end thereof a clause prescribing the time and manner of filing objections to the application of the widow, and for the hearing or trial of said objections. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4045 of the Revised Code of 1873 be, and the same is hereby, amended by striking from the third line of said section the words, of an adjoining county; and to further amend said section by adding at the end thereof a clause prescribing the time and manner of filing objections to the application of the widow and for the hearing or trial of said objections, so that the section, when amended, will read as follows: The commissioners so appointed shall have power to procure the aid of the County Surveyor of the county, or other competent Surveyor, in making the survey and admeasurement of dower, who shall be required to make a careful plat of such survey of [Illegible Text] which shall be recorded with the return of the Commissioners. The Commissioners shall make return of their proceeding to the succeeding term of the Court after their appointment. If the representative of the estate, or any person or persons interested, object to the widow's right under the law to dower, he or they shall make their objections in writing at the term of the court to which the Commissioners' return is made, and said objections shall be tried or heard in the same manner as provided in section 4046 of the Code of 1873 for the trial of a traverse to the return of Commissioners. Section [Illegible Text] of the Code amended. Powers and duties of [Illegible Text]. May employ surveyor. Returns. Objections to assignm't of dowerhow made and tried. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 13, 1879. Code, section 1769, Acts 1875, page 100.

Page 69

GUARDIAN, UNDER ORDER OF ORDINARY, MAY CULTIVATE PLANTATION OF WARD. No. 203. An Act to amend section 1832 of the Code. SECTION. I. Be it enacted by the General Assembly of Georgia, That section 1832 of the Code of 1873, providing for guardians [Illegible Text] cultivate and purchase plantations for their wards, is amended as follows: First, by striking out all of said section following the words cultivated for their benefit; and, second, by introducing, after the words guardian, where it first occurs in said section, the words, under an order of the Court of Ordinary. Section 1832 of the Code amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 3, 1879. AUTHORIZES GOVERNOR TO PURCHASE UNDER TAX SALES. No. 322. An Act to amend section 64 of the Code of Georgia, authorizing the Governor to buy property in certain cases, by striking out the words except tax fi. fas. in the third line of said section. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section 64 of the Code of Georgia, which provides for the purchase of property at sheriffs' sales, under and by virtue of any fi. fas. in favor of the State of Georgia, or the Governor thereof, except tax fi. fas., provided, in no case shall more be bid for such property than the amount due the State upon such fi. fas., be amended by striking out the words except tax fi. fas. in the third line of said section. Section 64 of the Code amended. Exception of tax fi. fas. stricken out. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. LAYING OFF AND PLATTING HOMESTEAD. No. 318. An Act to amend section 2042 and 2043 of the Code of 1873, the former of which provides for laying off and platting the homestead allowed by said Code, and the latter of which provides for the [Illegible Text] of objections to the survey of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2042 of the Code of 1873, which provides

Page 70

for laying off and platting the homestead allowed by said Code be, and the same is hereby, amended by inserting after the word Ordinary, in the last line of said section the following words: within fifteen days after the application is made to the surveyor by said debtor. Section 2042 of Code amended. SEC. II. Be it further enacted, That section 2043 of the Code of 1873, which provides for the trial of objections to the survey of the homestead allowed by said Code, be, and the same is hereby, amended by adding at the end of said section the following [Illegible Text] And it shall be a valid ground of objection to the propriety of any survey that the same has been so made as to unjustly or needlessly injure the value of any land left unexempted by a disregard of the shape and location of the entire tract. Section 2043 of Code amended. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. REGULATING DENTAL PRACTICE. No. 330. An Act to amend section 1416 of the Code of Georgia relating to and regulating the practice of Dentistry in the State of Georgia and to require practicing Dentists to register. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the [Illegible Text] That section 1416 of the Code be so amended as to read as follows: That any person who shall, in violation of this Act, practice dentistry in the State of Georgia for a fee or reward shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in section 4310 of the Code of 1873: Provided, that nothing in this Act shall be construed to prevent any person from extracting teeth; and provided further, that none of the provisions of this Act shall apply to regular licensed physicians and surgeons in practice at or prior to the passage of this Act, and dentists who were in practice prior to 24th of August, 1872. Section 1416 of Code amended [Illegible Text] to practice of denistry. Misdemeanor to violate provisions of Punsihment on conviction, as in 4310 of Code. Exceptions. SEC. II. Every person practicing [Illegible Text] in this State shall, within sixty days after the passage of this Act, register his name, together with his post-office and the date of his diploma or license, in the office of the Clerk of the Superior Court of the county in which he practices, and shall, on the payment to such Clerk of a fee of fifty cents, be entitled to receive from him a certificate of such registration. Dentist to register. Fee for registration. SEC. III. Be it further enacted by the authority aforesaid, That all

Page 71

laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879. MODE OF APPOINTING JUDGES OF COUNTY COURTS. No. 332. An Act to amend section 279 of the Code of 1873, concerning the appointment of Judges of County Courts. SECTION I. Be it enacted, That section 279 of the Code of 1873, concerning the appointment of Judges of County Courts be amended by striking out the words, twenty-five, and inserting in lieu thereof the words, twenty one; by striking out the words, one year, and inserting in lieu thereof the words, two years, and by striking out the following words, to-wit: The counties of Harrison, Pickens, Pike, Cobb, Dawson, Forsyth, White, Bullock, Paulding, Effingham, Montgomery, Charlton, Telfair, Clinch, Coffee, Irwin, Sumter, Wilkinson, Gilmer, Appling, Fannin, Jefferson, Colquitt, Worth, Mitchell, Emanuel, Johnson, Glassco*ck, Fayette, Union, Franklin, Chatham, Tatnall, Harris, Chattooga, Wilcox, Talbot, Ware, Bartow, Cherokee, DeKalb, Banks, Pierce, Towns and Milton. Section 279 of Code amended. Counties stricken from section. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. CERTAIN INSURANCE COMPANIES NOT LICENSED BY COMPTROLLER GENERAL. No. 301. An Act to amend sections 2842 and 2844 of the Code of this State. SECTION I. The General Assembly do enact, That section 2842 of the Code of the State of Georgia, be amended by striking the words chartered by the State on or before 19th March, 1869; also by inserting between the words religious and mutual the word and, so that the section as amended will read as follows: It shall not be lawful for any Insurance Company, or agent of the same, excepting Masonic, Odd Fellows, and Religious, and Mutual Aid Societies, to transact any business of insurance without first procuring a certificate of authority from the Comptroller General of this State. Section 2842 of the Code amended. SEC. II. Be it further enacted, by the authority aforesaid, That section 2844 of the Code of the State of Georgia be amended, by

Page 72

striking out the words chartered, as aforesaid, by this State; also by inserting between the words religious and mutual the word and, so that the section as amended will read as follows: No company, excepting Masonic, Odd Fellows, and Religious, and Mutual Aid Societies, shall be allowed to transact any business of insurance in this State, unless possessed of at least one hundred thousand dollars of actual cash capital paid in, or assets, and invested in bonds and stocks estimated at their actual market value, at the date of such statement, and in mortgages on real estate worth double the amount for which the same is mortgaged. [Illegible Text] [Illegible Text] amended. SEC. III, All laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879.

Page 73

TITLE V. COUNTY OFFICERS. ACTS. Fees of Coroners limited. Commissioners of [Illegible Text]. Laws [Illegible Text] offices of Tax Receivers and Collectors repeated. Tax Collectors, ex officio Sheriffs in [Illegible Text] cases. Fees of Ordinaries in cases of lunacy. Names of Liquor vendors to be returned. Sales by Bailiffs, etc. County officers not to [Illegible Text] in [Illegible Text] orders. Fees of Clerk Superior Court from Notarles. Return of Special Taxes by Collectors. Regulations of legal advertising, etc. FEES OF CORONERS LIMITED. No. 5. An Act to prevent any Coroner in the State of Georgia from receiving as fees, either for holding inquests or for burying the dead bodies, a sum per annum of more than fifteen hundred dollars out of the County Treasury. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That from and after the first day of January next, no Coroner in the State of Georgia shall receive out of the County Treasury of any county in this State, more than fifteen hundred dollars per annum, either as fees for holding inquests, or for burying the dead bodies. Fees of Coroners after January 1st, 1879. SEC. II. 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 December 14, 1878. Code sections 594: 3701.

Page 74

BOARD OF COMMISSIONERS FOR TURNPIKE ROADS. No. 262. An Act to create a Board of Commissioners for Turnpike Roads in this State, and to confer certain powers upon the same; and to define their duties, and for other purposes. SECTION I. The General Assembly do enact, That from and after the passage of this Act there shall be in each county of this State, through which any turnpike road passes, or through which any part of any turnpike road passes, a Board of Commissioners, to be known as Commissioners of Turnpikes. Commissioners of Turnpikes. where established. SEC. II. Be it further enacted, That said Board shall consist of three persons, to be elected by the grand juries of each county through which any turnpike road, or any part of the same, passes, at their first session to be held after the passage of this Act; and any person qualified to vote and hold office under the Constitution and laws of this State, shall be eligible as such Commissioner. Of what to consist, and how [Illegible Text] Who are eligible to. SEC. III. Be it further enacted, That it shall be the duty of the several grand juries, so electing Commissioners, to report the fact of such election in their general presentments at the term at which the same occurs, giving the names of the persons so elected; and thereupon it shall be the duty of the Clerk of the Superior Court of the county to issue to each of said persons so named a certificate of his election and appointment, which shall have the force and effect of a commission. Grand jury to report appointment of in general [Illegible Text] Name of Commissioners to be given in report. SEC. IV. Be it further enacted, That the Commissioners selected, as hereinbefore provided, shall hold their offices for the term of two years, and until their successors are elected in the manner first herein pointed out. Term of office. SEC. V. Be it further enacted, That it shall be the duty of said Boards of Commissioners to inspect the condition of any and all turnpike roads in their counties as often as every three months, and to see to it that such roads are kept in good condition to be traveled over, and are graded according to the terms of their charters, respectively; and that the tolls charged are not greater than allowed by such charters. Commissioners to [Illegible Text] turnpikes in their counties. See that such roads are properly graded and kept in repair. SEC. VI. Be it further enacted, That whenever it shall be ascertained that any turnpike road is being used, and kept as such by its owners, and is not graded as required by its charter, it shall be the duty of the Commissioners aforesaid to make out a statement, wherein shall be specified, as nearly as may be, the defects in such roads, a copy of which shall be served upon the keeper of the toll gates on such road, [Illegible Text] shall be deemed and held as service upon the owners of such turnpike; and should such owners fail or refuse to make such road in compliance with [Illegible Text] terms of its charter, for thirty days after such notice, it shall be the duty of such Commissioners to forthwith institute suit against such owner, owners, or

Page 75

company, to forfeit its charter, which suit shall be in the name of the Commissioners. Duties of Commissioners as to owners of turnpikes violating charters, etc SEC. VII. Be it further enacted. That in all cases where turnpike roads are neglected and suffered to get into a condition that they cannot be traveled over comfortably by travelers, and drayed over successfully, it shall be the duty of the Commissioners aforesaid in the counties where such roads are, to notify the keeper of the tollgates on such road of the condition of the same, and, unless such road is immediately repaired and put in good condition, it shall be the duty of such Commissioners to institute the proceeding provided for in section 6 of this Act, and on the trial of said case, provided for in this section, if the fault or failure of such owner, company or corporation should be deemed insufficient to authorize the forfeiture of its charter, the measure of damages to the public, may, nevertheless, be estimated in dollars and cents by the jury trying such case, judgment for which may be entered against such owner, company or corporation, and when collected shall be expended under the supervision and direction of the commissioners instituting such suit, in improvements and betterments upon the road complained of. Their duties where roads are not in repair. What [Illegible Text] may be rendered by jury. Fineshow disposed of. SEC. VIII. Be it further enacted, That each of said Commissioners shall receive, as compensation, one dollar per day for the time actually spent in inspecting roads as provided for in this Act, and all necessary expenses actually incurred by them in consequence of the prosecution of any suit, as provided for in this Act, to be paid by the county of such Commissioners. Compensation of Commissioners. SEC. IX. Be it further enacted, That in cases where any turnpike road, the property of the same owners, or company, runs through more counties than one, or into more counties than one, it shall, nevertheless, be competent for the Commissioners, herein provided for, in either of the counties in which any part of said road may be, to perform all the duties herein imposed, and to institute and maintain the suits herein provided for, without the co operation of the commissioners of the other county, or counties, through which such road passes, and any judgment of forfeiture so obtained shall apply to the whole road. Commissioners of any one of the counties through which road may pass, shall have jurisdiction of whole road, and judgement of forfeiture by them shall affect the entire road. SEC. X. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 14, 1879.

Page 76

LAWS CONSOLIDATING OFFICES OF TAX RECEIVER AND COLLECTOR REPEALED. No. 289. An Act to repeal all local or special laws consolidating the offices of Tax Receiver and Tax Collector in any of the counties of this State, and to regulate the compensation of said officers by the general laws now in force in this State. SECTION I. 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 expiration of the terms of the present incumbents, all local or special laws consolidating the offices of Tax Receiver and Tax Collector, in any of the counties in this State, be, and the same are hereby, repealed, and thereafter, the compensation of said officers shall be governed by the general laws of force in this State. Tax Receivers and Collector. All local laws consolidating offices of, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. TAX COLLECTORS EX-OFFICIO SHERIFFS IN CERTAIN CASES. No. 51. An Act to confer additional powers upon the Tax Collectors of the several counties of the State, and to make said Tax Collectors ex-officio Sheriffs, in certain cases, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Tax Collectors of the several counties of this State, shall be ex-officio Sheriffs in so far as to enable them to collect the taxes due the State and county by levy and sale under tax executions, and said Tax Collectors shall not be allowed to turn over any tax executions to the Sheriffs, or to any other levying officers of said State, except when it may become necessary for the purpose of enforcing the same, to send said executions to any other county or counties than that in which issued; but said Tax Collectors by virtue of their office, shall have full power and authority to levy all tax executions heretofore, or hereafter to be, issued by them in their respective counties, and the compensation of said Tax Collectors shall not exceed fifty cents for issuing each fi fa.; and for levying, the same fee as now allowed by law to Bailiffs for

Page 77

levying, and said Tax Collectors shall have full power to bring property to sale, and sales made by them shall be valid, and shall carry the title to property as fully and completely as if made by the Sheriffs of said counties; provided, levies upon realty shall be returned to the Sheriff, and sales be made by him as now provided by law. Tax Collectors made ex-officio Sheriffs for certain purposes Fees allowed Collectors for levying and collecting Powers of Tax-Collectors as to sale of property levied on for taxes. Sales to carry title to purchaser of property. SEC. II. Be it further enacted by the authority aforesaid, That all levies and sales made by the Tax Collectors of the several counties of this State as ex-officio Sheriffs, under the provisions of this Act, shall as to the time, place, manner, and in all other respects conform to, and be controlled by, the general laws of the State regulating sales under tax fi. fa's. Levies and sales under this Act regulated by general laws relating to such sales. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 21, 1879. FEES OF ORDINARIES, ETC., IN CASES OF LUNACY. No. 30. An Act to fix the compensation of Ordinaries, Sheriffs and Bailiffs of this State in services of cases of lunacy. SECTION I. The General Assembly of the State of Georgia do enact That from and after the passage of this Act, the fees of the Ordinaries of the several counties of this State for making out commissions of lunacy, and all other services connected therewith, shall be five dollars, and no more. Fees of Ordinary for issung commission of lunacy and all other services connected therewith. SEC. II. Be it further enacted, That the fees of Sheriffs and Bailiffs for summoning juries, and other services connected with the trial of cases of lunacy, shall be three dollars, and no more. The fees of Sheriffs and Bailiffs for summoning jury and all other service. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved July 29, 1879.

Page 78

NAMES OF DEALERS IN LIQUORS REQUIRED TO BE RETURNED. No. 340. An Act to require Receivers and Collectors of Taxes in this State to return by name the dealers in spirituous, vinous or malt liquors, or intoxicating bitters, and to give the amount of special tax paid by each dealer, or any person from whom a special tax has been received, and the date of said payment, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, the Receivers of Tax Returns in this State shall return by name all persons or firms dealing in spirituous, vinous or malt liquors, intoxicating bitters, or other articles of like character. Dealers in liquors to be returned by name, etc. SEC. II. Be it further enacted by the authority aforesaid, That it shall be the duty of the Tax Collectors in this State, in collecting the special tax that may be levied year after year on dealers in intoxicating bitters, or other articles of like character, and upon dealers in spirituous, vinous and malt liquors, or any other person liable to special tax, to report the name of the person or firm paying said tax, the amount paid, and the date of said payment, to the Comptroller-General at the time of paying said special tax into the State Treasury. Tax Collectorswhat to report. SEC. III. Be it further enacted. That it shall be the duty of the Tax Collector of each county in this State to lay before the grand jury, on the first day of the term of each Court, a full statement, of all special taxes received by him for the six months immediately preceding said report, and to state fully the date of said payments, from whom received, and also the amounts received Tax Collector shall report to Grand Jury, etc. SEC. IV. Be it further enacted, That the Judges of the Superior Courts of this State shall give this law in charge to the grand jury at each term of their respective Courts. Judges of Superior Court to give this Act in charge to Grand Jury SEC. V. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed Approved October 20, 1879. SALES BY BAILIFFS. No. 41. An Act to require Constables and Bailiffs to sell only on the regular monthly Court days, only between the legal hours of sale, except in case of property likely to deteriorate in value by keeping. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, Constables and Bailiffs

Page 79

in the State shall be required to sell the property of defendants in execution on the regular monthly Court days of their respective districts at the place of holding such Courts, after advertising the said property for ten days prior to such sale, and any other sales on any other days shall be absolutely null and void, and vest no title to the property in the purchaser: Provided, nevertheless, that the provisions of this Act [Illegible Text] not be construed so as to prevent the sale of property ordered to be sold by the Judge of the Superior Court, or Ordinary, as live stock or perishable property, and likely to deteriorate in value; such sales, when made, shall be valid and binding. When and where Bailiffs shall sell property levied on. This Act not to affect sales of live stock, etc., made under orders of Judge of Superior C't or Ordinary SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 1, 1879 COUNTY OFFICERS NOT TO SPECULATE IN COUNTY ORDERS. No. 115. An Act to prohibit Ordinaries, County Commissioners of Roads and Revenues, Tax Collectors, Sheriffs, Clerks, Treasurers, School Commissioners or any other public officers from buying up at a discount, or in any manner speculating in county orders, jury scrip, which are to be paid out of any public fund of this State, or of any county in this State, and to prescribe a penalty for any violation of this Act. SECTION I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall be unlawful for any Ordinary, County Commissioner of Roads and Revenue, Tax Collector, Sheriff, Clerk of Superior Court, Treasurer, School Commissioner, or any other public officer of any county in this State to buy up at a discount, or in any manner to speculate in what are known as county orders, or in jury scrip, or in any other order or scrip which is to be paid out of any public fund of this State, or of any county in this State, and any public officer violating this Act shall be held and deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as prescribed in section 4310 of the Revised Code, and shall moreover be removed from office, if still in office. Unlawful for any county officer to buy or discount county orders or scrip. Penalty as prescribed in section 4310 of the Code, and removal from office. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 10, 1879.

Page 80

FEES OF CLERK OF SUPERIOR COURT FROM NOTARIES. No. 195. An Act to prescribe the fees of the Clerk of the Superior Court, for all services required of him in the appointment of Commercial Notaries Public, and for other purposes. SEC. I. Be it enacted by the General Assembly of Georgia, That the Clerk of the Superior Court shall be entitled to two dollars for all services in issuing certificates of appointment of commercial Notaries Public, administering the oath and recording the same, which sum shall be in full of all costs in such cases. Clerk of Superior Courtfees of for issuing certificates, administering oaths, etc., to Notaries Public. SEC. II. 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 October 2, 1879. RETURN OF SPECIAL TAXES BY COLLECTORS. No. 287. An Act to provide for the return of special taxes by the Collectors of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be the duty of the Tax Collectors of this State to make quarterly returns to the Comptroller-General, under oath, to be administered by any duly qualified officer, of all special taxes collected by them, except those given in and entered upon the Receiver's digest, setting forth in said returns the names of all persons or companies paying such tax, when paid, for what purpose, and the amount thereof. Tax-Collectorsduty of, to make quarterly returns to Comptroller General of special taxes, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879.

Page 81

REGULATION OF RATES OF LEGAL ADVERTISING, ETC. No. 274. An Act to regulate the rates and manner of legal advertising in this State, and to prohibit Ordinaries, Sheriffs, Coroners, Clerks, Marshals or other officers from receiving or collecting, either from plaintiffs or defendants, other or greater fees than herein provided, and making a disregard of the requirements of this Act extortion, and prescribing the punishment therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby, enacted by authority of the same, That from and after the passage of this Act, the rates to be allowed to publishers for publishing the legal advertisem*nts in this State, shall be as follows: For each one hundred words the sum of seventyfive cents for each insertion for the first four insertions; for each subsequent insertion, the sum of thirty-five cents per hundred words. In all cases fractional parts shall be charged for at the same rates, and it shall not be lawful for any Ordinary, Sheriff, Coroner, Clerk, Marshal or other officer to receive or collect from parties, plaintiff or defendant, other or greater rates than herein set forth. Legal advertisem*ntsrates allowed for publishing, etc. SEC. II. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, That any Ordinary, Sheriff, Coroner, Clerk, Marshal, or other officer who shall receive, collect, or demand other and greater fees for advertising than are provided in the first section of this Act, shall be guilty of extortion, and, upon conviction thereof, shall be punished as prescribed in section 4310 of the Revised Code. penalty for demanding more than legal rate. SEC. III. Be it further enacted by the authority aforesaid, That if the Ordinary, Sheriff, or other officer is unable to procure the advertisem*nts at the rates herein prescribed in the newspaper published in the county, then he shall be, and is hereby, authorized to have said advertisem*nts published in any newspaper in this State having the largest general circulation in the county: Provided, said rates are agreed upon; provided further, if contracts cannot be made with newspapers at the rates aforesaid, then the Sheriff and Ordinary, or other advertising officer shall post their advertisem*nts at the Court House and in a public place in each militia district in the county for the length of time required by law for advertising in newspapers. Ordinary authorized to have advertising done in paper of largest general circulation. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That no Ordinary, Sheriff, Coroner, Clerk, Marshal, or other officer shall demand or retain any part of the said rates prescribed in the first section of this Act, by way of commissions, either directly or indirectly; and to demand or retain any part of said rates as commissions,

Page 82

either directly or indirectly shall be held and deemed extortion, and upon conviction thereof, shall be punished as prescribed in section 4310 of the Code of 1873; provided, that this Act shall not apply to any contracts already made by municipal officers, nor shall any such officer be liable to penalties herein provided on account of any such contract, but the same shall be controlled by the law as it now is. Officers prohibited from retaining any part of advertising [Illegible Text]penalty for. Proviso. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 15, 1879.

Page 83

TITLE VI. BONDS. ACTS. Registration of State Bonds provided for. Bonds of State to pay maturing Bonds. Cities and towns may compromise bonded debts, etc. Bond of Treasurer [Illegible Text] Asylum. REGISTRATION OF STATE BONDS PROVIDED FOR. No. 256. An Act to authorize the registration of the Bonds of this State, and to provide the means therefor, and for other purposes. SECTION I Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, any holder of the Bonds of this State, whether in his own right or in a fiduciary capacity, may have the same registered at the office of the State Treasurer upon application and presentation of said bonds to the Treasurer as hereinafter provided. Holder of State bonds may register same at Treasury. SEC. II. It shall be the duty of the Treasurer to procure and provide at the expense of the State a suitable book or books in which, upon application and presentation of a bond or bonds as aforesaid he shall enter, in a manner to be of easy and ready reference, a description of said bond or bonds, giving number, series, date of issue, denomination, by whom signed, and such other data as may be necessary for the ready identification thereof, together with the name of the person registering the same, the character or capacity in which such person holds said bond or bonds, and for whose benefit the same is or are registered. And the said Treasurer shall enter upon each and every bond so registered as aforesaid, the date of said registration, by whom registered and in what character or capacity, and shall sign said entry officially; and shall cut, with a stamp prepared therefor under the direction of the Treasurer the letter R in the face of said bonds

Page 84

so registered, and such person or persons having such bond or bonds so registered shall be required to pay to the Treasurer the sum of fifty cents for each bond so registered, which said registry fee shall be paid into the Treasury by the said Treasurer. Book of registrationby whom provided. Duty of Treasurer as to registration. Bondshow described. Name of person registering same. Entry on bond. Fees for registering. To be paid into Treasury. SEC. III. None of said bonds shall, after such registration, be negotiable by delivery, but said bonds may nevertheless be negotiated or transferred by the person in whose name they are registered, by re-registration in the name of the person to whom the same are to be transferred or negotiated. Registered bondshow negotiated and transferred. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879. BONDS OF STATE TO PAY MATURING BONDS. No. 4. An Act authorizing the issue of bonds of the State of Georgia for the [Illegible Text] of certain bonds of the State of Georgia falling due in the next three years, and to reduce the rate of interest on the same. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly, and it is hereby enacted by authority of the same, That the Governor is hereby authorized and directed to issue bonds of the State to the amount of five hundred thousand dollars. Bonds of the State[Illegible Text] to be issued. SEC. II. Be it further enacted by the authority aforesaid, That these bonds shall be made payable in the city of Atlanta at the Treasury of the State in six years from the date of issuance, unless sooner called in by the State authorities. Payablewhen and where. SEC. III. Be it further enacted by the authority aforesaid, That saids Bonds are to bear interest at the rate of four per cent. per annum, and [Illegible Text] interest shall be payable in either of the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah. Rome, Americus, Albany and LaGrange on the first day of January in each year. Interest 4 per cent: SEC. IV. Be it further enacted by the authority aforesaid, That these bonds shall be engraved on the best quality of bank-note paper, seven and one-twelfth inches long and three and [Illegible Text] inches wide, and shall be coupon bonds, with interest payable yearly. Said bonds shall be signed by the Governor and Treasurer, and the coupons shall be signed by the Treasurer. Said bonds shall be for sums of not less than five dollars, or more than one hundred dollars, and in no event shall be sold for less than their par value. How engraved. How signed Amount of bonds shall not be less than five, dollars nor more than one hundred dollars SEC. V. Be it further enacted by the authority aforesaid, That the Governor is hereby directed to have the bonds authorized by this Act, prepared as soon as possible, and to sell a sufficient amount,

Page 85

as they may be needed to meet the installments of bonds issued under the Act of February, 27th, 1856, that become due during the years 1879, 1880 and 1881, and the money arising from the sale of said bonds shall be used for no other purpose. Preparation and sale. Money arising from salehow applied SEC. VI. Be it further enacted by the authority aforesaid, That the Governor of Georgia shall make suitable arrangements for the payment of the interest to become due on said bonds with some bank or banking house in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany and LaGrange. Payment of interest thereon. SEC. VII. Be it further enacted by the authority aforesaid, That these bonds shall be prepared with suitable devices under the direction of the Governor. Bonds to be prepared with suitable devices under directions of the Governor. SEC. VIII. Be it further enacted by the authority aforesaid, That as soon as any installment of said bonds are signed by the Governor and Treasurer, as aforesaid, the same shall be entered in a book of record, to be kept in the Treasurer's office for that purpose, in which each bond shall be entered, with the number and amount, letter and series, and after this is done, said bonds shall be turned over to the Comptroller, who shall give his receipt therefor to the Treasurer, and who shall proceed at once to enter the same in a record to be kept in his office for said purpose; and after said bonds are so registered and recorded they shall be returned to the Treasurer, who shall receipt to the Comptroller therefor, and said bonds shall then be ready for sale; and each of the aforesaid officers shall make a full report to the Governor of said State of all their actings and doings in said premises. Bonds to be recorded in office of Treasurer and Comp. General. When so recorded in both offices, said bonds shall be ready for sale. Treasurer and Comptroller shall each report their [Illegible Text] and doings in the premises to the Governor. SEC. IX. Be it further enacted by the authority aforesaid, That the faith and honor of the State of Georgia is hereby pledged for the prompt payment of the bonds and the interest thereon, authorized by this Act. Faith and [Illegible Text] of the State pledged. Approved December 14, 1878. CITIES AND TOWNS MAY COMPROMISE BONDED DEBT, ETC. No. 3. An Act to authorize municipal authorities of towns and cities to compromise their bonded debt; to provide for the issue and exchange of new bonds for outstanding bonds and coupons; to provide for the establishment and management of a sinking fund for the redemption of such new bonds and coupons, and for other purposes. SECTION I. 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 municipal authorities of

Page 86

any incorporated town or city of this State are authorized and empowered to compromise and settle their bonded debt in accordance with the provisions of this Act: Provided, that this Act shall not be so construed as to prejudice the rights of such creditors as may refuse to assent to such compromise. Municipal authorities authorized to compromise their bond'd debt Proviso. SEC. II. Be it further enacted by the said authority, and it is hereby so enacted, That where there are outstanding bonds and coupons of any incorporated town or city of this State, as aforesaid, whether the said outstanding bonds or coupons are due or to become due, it shall be lawful for the municipal authorities of such town or city to issue new bonds, with coupons attached, to be exchanged and to stand for, and in the place of, such outstanding bonds and coupons: Provided always that the new bonds so issued shall not exceed in amount the previously existing total bonded debt, with interest thereon, of such town or city. May issue new bonds. Proviso. SEC. III. Be it further enacted by the said authority, and it is hereby so enacted, That when the authorities of such town or city shall desire to avail themselves of the benefit of the provisions of this Act, they are hereby authorized and empowered to pass any ordinance, or ordinances, to provide for the issuance and exchange of new bonds to stand in the place and stead of outstanding bonds and coupons, and to determine the mode and method of such issuance and exchange, and to fix the length of time such new bonds shall run, and the rate of interest they shall bear. Such ordinance, or [Illegible Text], shall have the force and effect of contracts between the said town or city and those who may receive or hold such new bonds so issued and exchanged. Ordinance to provide therefor. Shall have force of contracts between towns or cities and holders of the new bonds. SEC. IV. Be it further enacted by said authority, and it is hereby so enacted, That if any town or city, availing itself of the provisions of this Act, shall desire to provide a sinking fund for the redemption of such new bonds, it shall be lawful for the authorities of such town or city to pass all ordinances necessary for that purpose, and to create a commission for the management of said sinking fund, and for its proper use and application, which commission shall be composed of not less than three nor more than five freeholders of such town or city; and the ordinance, or ordinances, providing for said sinking fund and said commission, for its management and application, and the mode of appointing said commission, and prescribing its duties, shall have the force and effect of law, and shall be held and considered as part of the contract between such town or city and the acceptors or holders of such new bonds. Sinking fund for redemption of bonds. Ordinance providing for, to have force and effect of law SEC. V. Be it further enacted by the said authority, and it is hereby so enacted, That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby, repealed. Approved December 11, 1878. [[Illegible Text] vs. City [Illegible Text] of Augusta, decided by Supreme Court, September Term, 1879.]

Page 87

BOND OF TREASURER OF LUNATIC ASYLUM. No. 13. An Act to increase and fix the amount of the bond to be given by the Treasurer of the State Lunatic Asylum. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the expiration of the term for which the present Treasurer of the State Lunatic Asylum has been elected, the official bond of the Treasurer of said institution shall be for the sum of Ten Thousand Dollars ($10,000). Treasurer of Lunatic Asylum, bond of. SEC. II. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 88

TITLE VII. DEPOSITORIES. ACT. Creation of State Depositories. CREATION OF STATE DEPOSITORIES IN CERTAIN CITIES. No. 283. An Act to establish State Depositories in the cities of Atlanta, Athens Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, [Illegible Text] [Illegible Text] Griffin and Hawkinsville, and to prescribe their duties and liabilities. SECTION I. Be it enacted, by the General Assembly of the State of Georgia, That from after the passage of this Act, the Governor of the State of Georgia shall name and appoint a solvent chartered bank, of good standing and credit, in each of the following [Illegible Text] of this State, to wit: in the cities of Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, [Illegible Text] Gainesville, Griffin and LaGrange, which shall be [Illegible Text] and designated as State Depositories. State depositories appointed by Governor. SEC. II. Be it further enacted by the authority aforesaid, That said State Depositories shall be appointed for the term of [Illegible Text] years from the date of their appointment, and shall be liable to be removed by the Governor, in his discretion, for any neglect [Illegible Text] their official duty, and they shall receive no salary or fees from the State of Georgia, but it shall be the duty of the Governor to [Illegible Text] with said depositories the most advantageous contracts he can [Illegible Text] interest to be paid by them to the State for the use of the State money which may be deposited therein, as hereinafter provided [Illegible Text] this Act: Provided, that no officer of this State shall be allowed [Illegible Text] receive any commission, interest or reward to himself from any source for the depositing of such money in such depositories, [Illegible Text] for continuing such deposits. But the receiving of any such [Illegible Text] by any officer shall be a felony punishable by imprisonment [Illegible Text]

Page 89

penitentiary for not less than seven nor longer than twenty years, and disqualification to hold any office in this State. Terms for which appointed. Interest on deposits. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That the Governor shall, at the time of appointing the said State Depositories, make a list of the counties whose Tax Collectors shall be instructed to pay State funds into each depository, and said Tax Collectors shall pay into no other depository than the one named by the Governor, and the Governor shall also make known the apportionment of counties by a proclamation duly published in the city where such depository is located, giving the name of the depository, and the names of the counties whose Tax Collectors shall be instructed to pay into said depository all moneys collected by them for and on account of State taxes. Apportionment of counties to depositories SEC. IV. Be it further enacted by the authority aforesaid, That each of said depositories shall, before entering upon the discharge of their duties by their proper officers, execute a bond with good and sufficient securities, to be approved by the Governor, in a sum of fifty thousand dollars. Said bond shall be conditioned for the faithful performance of all such duties as shall be required of them by the General Assembly, or the laws of this State, and for a faithful account of all the public money or effects that may come into their hands during their continuance in office. Said bond shall be filed and recorded in the Executive office, and a copy thereof, certified by one of the Governor's Secretaries, under the seal of the Executive Department, shall be received in evidence in lieu of the original in any of the Courts of this State. And said bonds, when given, shall have the same binding force and effect as the bond now required by law to be given by State Treasurers, and, in case of default. shall be enforced in like manner. Bond of depositories. SEC. V. Be it further enacted by the authority aforesaid, That said depositories shall hold all funds received by them for and on account of the State, subject to the check or order of the State Treasurer, and shall render to the State Treasurer, on the first day of every month, a statement of the money on hand belonging to the State, showing the time when, and from whom, received, together with a statement and balance sheet showing the exact condition of its account with the State Treasurer on that day; and whenever any Tax Collector shall make a deposit in said depositories, they shall give to said Tax Collector a receipt, which shall be a good and sufficient voucher to said Collector, and they shall mail to the State Treasurer a duplicate of the receipt so given to said Tax Collector, and so soon as the Treasurer shall receive said duplicate receipt, he shall issue his certificate in favor of the depositing Tax Collector, and transmit the same to the Comptroller-General, who shall pass the amount therein mentioned to the credit of said Tax Collector, and at once mail to him a receipt for said amount. Funds in depositories to be subject to check of State Treasurer. Monthly statements by depositors.

Page 90

SEC. VI. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be construed to prevent Tax Collectors from paying State funds directly into the State Treasury And it shall not be lawful for the State Treasurer to deposit such funds in any bank or other depository except those established under this Act, and he shall, by check or other proper means, draw from said depositories such amounts only, and at such times only, as the necessities of his department may require. Tax Collectors may pay State funds into State Treasury. SEC. VII. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be held, taken or construed as affecting, altering or changing the provisions of existing laws as to the bond of the State Treasurer. This Act not to affect bond of State Treasurer. SEC. VIII. Be it further 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 October 16, 1879.

Page 91

TITLE VIII. EDUCATIONAL. ACTS. Middle Georgia Military and Agricultural College. Teachers of Public Schools to report to School Commissioners. State Normal School. Adding four Trustees to the State University. Local Board for Middle Georgia Military and Agricultural College. Failure to put schools in operation.Effects of. Branches of State University at Cuthbert and Thomasville. ESTABLISHING MIDDLE GEORGIA MILITARY AND AGRICULTURAL COLLEGE. No. 257. An Act to establish the Middle Georgia Military and Agricultural College and to commit and lend the State House and Square, the Executive Mansion and premises, and the Penitentiary Square and appurtenances, at Milledgeville, to the State University for that purpose. SECTION I. Be it enacted by the General Assembly of Georgia, That the State House and Square, the Executive Mansion and premises, and the Penitentiary Square and appurtenances, at Milledgeville, are hereby committed and loaned to the Trustees of the University of Georgia for the purposes hereinafter stated. Public buildings in Milledgeville loaned to Trustees of State University. SEC. II. Said Trustees shall, without needless delay, organize a college on the above named property or part thereof, which shall be styled the Middle Georgia Military and Agricultural College, and shall be a department of the University of Georgia, and the said Trustees shall have power to receive donations and make purchases, prescribe rules and regulations, and to do whatever else is necessary and proper for the successful establishment and administration of said college. Trustees to organize Military and Agricultural College. SEC. III. Tuition in said College shall be free to all white males

Page 92

and females, provided, a matriculation and library fee, not exceeding ten dollars per annum, may be exacted, and grades of scholarship may be prescribed by the faculty under the direction of the Trustees as conditions of admission. Tuition free except matriculation and library fee not exceeding $10 per annum. SEC. IV. The course of instruction, in addition to military training, shall be especially directed (1) to preparation for the higher classes at Athens, (2) for the business of practical farm life and mining, and (3) for the profession of teaching. A certificate of proficiency, granted by the faculty, shall be sufficient license to teach in the State schools. Course of instruction. Certificate from Faculty a license to teach. SEC. V. The city of Mill dgeville is hereby authorized to make to said College a donation of land, or in lieu thereof, an annual cash endowment. Donation may be made to said College by City of Milledgeville. SEC. VI. 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 October 14, 1879. TEACHERS OF PUBLIC SCHOOLS TO REPORT TO SCHOOL COMMISSIONERS. No. 255. An Act to amend section 24 of an Act establishing a Public School System for this State, approved August 23, 1873. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That section 24 of an Act establishing a Public School System for this State, approved August 23, 1873, be amended by inserting between the words white and the, in the sixth line of said section, the words, together with the names thereof and the entire and; also between the words prepared and and, in the eleventh line of said section, the words, and sworn to; so that said section 24 shall read: Be it further enacted, That it shall be the duty of the teachers to make and file with the County Commissioner, at the expiration of each term of school, a full and complete report of the whole number of scholars admitted to the school during said term, distinguishing between males and females, and colored and white, together with the names thereof, and the entire and the average attendance, the branches taught, the number of pupils engaged in the study of each of the said branches, and such other statistics as he or she may be required to report by the County Commissioner, or by the State School Commissioner; and until such report shall have been prepared, sworn to and filed by said teacher as aforesaid, it shall not be lawful for said County Commissioner to audit the account of said teacher for his or her services. Teachers of public schools shall make semi-an'ual reports. Reports to be sworn to and filed prior to auditing accounts.

Page 93

SEC. II Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879. STATE NORMAL COLLEGE. No. 260. An Act to enlarge the facilities for education furnished by the University of Georgia by creating a new school to be a part thereof, and to be known as the Georgia State Normal College. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the sum of six thousand dollars, to be paid annually, is hereby appropriated for the support of a school which shall be known as the Georgia State Normal College, and which shall constitute one of the schools of the University of Georgia. State Normal School, annual appropriation for$6,000. Branch of State University. SEC. II. The State Board of Education, consisting of the Governor, the State School Commissioner, the Comptroller-General, the Attorney-General, and the Secretary of State shall constitute the Board of Trustees of the State Normal College. They shall be empowered to prescribe the course of study to be pursued in said College, to adopt rules for the conduct and government of the institution, to elect a President and the necessary professors and teachers, to authorize the conferring of degrees and to do such other acts as are commonly done by similar Boards. The acts authorized herein to be done by the said Board of Trustees, shall be subject to revision by the Board of Trustees of the University of Georgia, and shall not be considered as of permanent force until approved by that Board. In order to the carrying of the provision into effect, the Secretary of the Board of Trustees of the Normal College shall keep a full minute of the acts of that Board, from time to time, in a book provided for that purpose; and, at each annual meeting of the Board of Trustees of the University, this record book of the subordinate Board shall be placed before them for examination and approval; and the acts of the subordinate Board shall not be considered complete and valid until the Secretary of the superior Board, by order of his Board, has entered on the book of the subordinate Board a certificate of approval. Rights and powers of State Board of Education as to Normal Schools. Acts of State Board subject to revision and approval by Trustees of University. Secretary of Board of Trustees of Normal SchoolDuties of. Secretary of Board of Trustees of State UniversityDuties of. SEC. III. Any municipal or other corporation in the State of Georgia, or any body of citizens is hereby authorized to tender the necessary buildings and grounds for the use of the State Normal College. The Board of Trustees of the Normal College, together with the General Agent of the Trustees of the Peabody Fund, are hereby empowered to decide among these tenders as to which shall be accepted, and this act of theirs shall

Page 94

not be subject to revision by the Trustees of the University. In making the choice from among the different tenders, regard shall be had to the value of the property tendered, its adaptability to the object contemplated, healthfulness, convenience and accessibility of location, and any other circ*mstance which would render the acceptance of one tender more desirable than that of another. Tender of buildings and grounds. Who shall decide location. Decision not subject to revision by Trustees of University SEC. IV. The sole object contemplated in the establishing of this College is the thorough preparation of the white youth of the State, male and female, for the profession of teaching. Objects of said Normal College SEC. V. The Chancellor of the University of Georgia shall be the chief presiding officer of the State Normal College; shall act as the general agent of the subordinate Board in conferring degrees; shall preside on commencement occasions, and exercise a general supervision over the institution; but in case of his inability to perform any of these acts, he may be temporarily substituted by the President of the College, or such other officers as may be named by the subordinate Board. Chancellor of the University chief presiding officer of Normal College. His duties defined. SEC. VI. All property, real or personal, given to the State Normal College or acquired in any other way, shall be held by the Board of Trustees of the University, and to that Board shall all titles of property intended for the benefit of that College, be made, and in said Board shall rest all proprietary rights whatsoever appertaining to the College. Property of Normal College vested in University Board, etc. SEC. VII. [Illegible Text] shall forever be free in this College to all students coming from any county in the State of Georgia who shall declare it their purpose to pursue the profession of teaching, and to appointees from other States selected by the authority of the Trustees of the Peabody Fund. Tuition free to what students. SEC. VIII. This Act shall not go into operation until the Trustees of the Peabody Fund shall have bound themselves to donate, for use of the College, the sum of six thousand dollars per annum, and until the tender of the necessary building and grounds has been made and accepted as contemplated in the third section of this Act, and until the removal of the Nashville Normal College from Nashville, Tennessee, to this State. When this Act shall be operative. SEC. IX. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved October 14, 1879.

Page 95

FOUR TRUSTEES ADDED TO THE UNIVERSITY BOARD. No 40. An Act to change the charter of the University of Georgia so as to add four additional Trustees to the Board, and give the election of said Trustees to the Georgia State Agricultural Society, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Charter of the University of Georgia be, and it is hereby, so changed as to add four additional trustees to the Board of Trustees, which four additional trustees shall be elected by the Georgia State Agricultural Society at its first meeting after the passage of this Act as follows, to-wit: one of said trustees shall be elected for one year, one for two years, one for three years, and one for four years, so that one vacancy may occur at each subsequent annual meeting of the Society; and each trustee elected by said Society, after the first election, shall hold for the term of four years. Four Trustees added to the Board of Trustees of State University. Election of and terms of service. SEC. II. Be it further enacted, That the four additional trustees herein provided for, shall be practical farmers, whose leading avocation shall be agriculture. Shall be practical farmers. SEC. III. 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, 1879. LOCAL BOARD FOR MIDDLE GEORGIA MILITARY AND AGRICULTURAL COLLEGE. No. 324. An Act to provide for a Local Board of Trustees for the Middle Georgia Military and Agricultural College, and the manner of filling vacancies, and subjecting the acts of said Board to the approval or disapproval of the Board of Trustees of the University of Georgia. SECTION I. Be it enacted by the General Assembly of Georgia, That J. A. Greene, D. B. Sanford, A. Joseph, S. E. Whitaker, R. C. Humber, J. N. Moore, L. Carrington, F. C. Furman, C. P. Crawford and Samuel Walker are constituted a Local Board of Trustees of the Middle Georgia Military and Agricultural College; that said Board be authorized to elect one of their number President, and another of their number Secretary and Treasurer of the Board; that a majority of the members of said Board shall constitute a quorum to do business; that all vacancies in said Board, or its officers, shall be filled by said Board; that said Board shall enter,

Page 96

upon a proper book, minutes of its acts, which shall be attested by the presiding officer and countersigned by its Secretary; that said minutes shall be annually submitted to the Board of Trustees of the University of Georgia, at the annual session of the Board of Trustees of said University of Georgia, on the Friday preceding the annual commencement of said University; that all acts of said Local Board of Trustees shall be subject to the approval or disapproval of the Board of Trustees of the University of Georgia, and any act disapproved shall be null and void. Names of local Board of Trustees. May elect President, Secretary and Treasurer from own number. Vacancies in Board how filled. Shall keep minutes. Acts of local Board how approved to be binding. SEC. II. That the Treasurer of said Local Board of Trustees of the Middle Georgia Military and Agricultural College, shall execute a bond with sufficient security, in the sum of five thousand dollars, made payable to the President of the Local Board of Trustees and his successors in office conditioned for the faithful performance of his duties as Treasurersaid bond shall be attested by, and recorded in the office of, the Clerk of the Superior Court for Baldwin county. Treasurerbond of $5,000. How executed and recorded. SEC. III. Said Local Board of Trustees are authorized, upon the passage of an Act entitled An Act to establish the Middle Georgia Military and Agricultural College and to commit and lend the State House and square, the Executive Mansion and premises, and the Penitentiary square and appurtenances, at Milledgeville, to the State University for that purpose, to organize, and take all steps necessary to organize, said College according to said Actsubject to the approval of the Board of Trustees of the University of Georgia. When Board may organize College. SEC. IV. That all laws in conflict with this Act are hereby repealed. Approved October 17, 1879. EFFECTS OF FAILURE TO PUT SCHOOLS IN OPERATION. No. 98. An Act to alter and amend section 28 of the school law of August 22 nd, 1872, and to carry into effect, as to the past, the concluding words of that section. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever a county Board of Education, or Board of Education of any city, shall hereafter fail in any year to make arrangements to put schools in operation, said county, or city, as the case may be, shall forfeit all right to participation in the school fund of that year, unless the failure to arrange for schools was from providential cause, or other good and sufficient reason, the sufficiency of the reason to be judged of by the State Board of Education. Failure of County or City Board to put schools in operation. Consequences. Exceptions.

Page 97

SEC. II. Be it further enacted by the authority aforesaid, That any county or city which has failed to put schools in operation, in any past year, and has never received its pro rata part of the State School Fund of that year, shall still be entitled to receive through the properly constituted officers of the county or city, that pro rata: provided, that the County School Commissioners of such county shall receive no compensation from the school fund of said county for such year, except for services rendered in taking the enumeration of school population. Effect of previous failures, etc. Proviso SEC. III. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 6, 1879. BRANCHES OF STATE UNIVERSITY AT CUTHBERT AND THOMASVILLE. No. 23. An Act to authorize the Trustees of the State University to accept, as branches of said University, colleges of Agriculture and Mechanic Arts and Sciences, to be established at Cuthbert and Thomasville, in this State; and to authorize and direct said Trustees to make appropriations for payment of teachers of such colleges, out of the Land Scrip Fund provided by the Act of Congress of July 2, 1862, and now administered by said Trustees. WHEREAS, It is contemplated by the people of Cuthbert and South-Western Georgia to have incorporated, at said city of Cuthbert, a College of Agricultural and Mechanical Arts and Sciences, such as is contemplated by said Act of Congress, and to endow said institution with suitable real estate and buildings for such purpose, and to tender such property and institution to the Board of Trustees of the State University, to be made a branch of the latter; and whereas, the people of Thomasville, and the surrounding country contemplate the incorporation and like endowment of a like college at Thomasville, in this State, and to make a like tender to said Board, therefore Preamble SECTION I. Be it enacted by the General Assembly of Georgia, That when there shall be legally incorporated such colleges at Cuthbert and Thomasville, as aforesaid, or either of them, and the same shall be endowed with suitable real estate and the needful buildings for such a purpose, to be judged of by said Board of Trustees, the latter shall be authorized, at their discretion, to accept such institution, or institutions, if tendered to them for such purpose, as a branch or branches of said State University; to be under the general supervision of said Board, and governed and administered

Page 98

according to rules and regulations which said Board shall approve, and that said Board, if so accepting such institution or institutions, are authorized and directed to appropriate annually for the payment of teachers for such college, or colleges, out of the Land-Scrip fund aforesaid, now in the hands and management of said Board, such sum as they may think fit, to each of such institutions so accepted; and such other sums from that or any fund, as said Board may find it practicable and wise to spare from the support of the North Georgia Agricultural College, and the State College of Agriculture and the Mechanic Arts, located at Athens in this State. Agricultural Colleges at Cuthbert and Thomasville. Board of Trustees for State University to prescribe rules, etc., for government. And appropriate salaries for teachers, SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 99

TITLE IX. HOMESTEAD. ACT. Homestead Law under Constitution. HOMESTEAD LAW UNDER CONSTITUTION OF 1877. No. 29. An Act to provide for setting apart homesteads and exemption of property, for the sale thereof, and the re-investment of the proceeds in other property upon the same uses, and for waiving the right to the benefit of such exemptions, in accordance with the provisions of article IX of the Constitution of this State. SECTION I. The General Assembly of the State of Georgia do enact, That every person seeking the benefit of exemptions provided in said article of the Constitution, shall apply by petition to the Ordinary of the county in which he resides, or in which minor beneficiaries reside, where the application is made for their benefit, stating for whom the exemption is claimed; if by the head of a family, stating the names and ages of the family; if by a guardian or trustee of a family of minor children, stating the names and ages of the minor children; if by or for any aged or infirm person, stating the age of the person and the character of the infirmity; and if by a person having the care and support of dependent females, stating the names and ages of the females, and how dependent, and stating out of what and whose property exemptions are claimed, and complying with all the requirements of the laws for setting apart and valuation of homesteads and exemptions in force at the time of the ratification of said Constitution, to which laws all subsequent proceedings before the Ordinary or under his direction shall conform, except as otherwise provided in this Act. Homestead exemption, how applied for. Petition must state for whom application is made. Out of what and whose property exemptions are claimed. Existing lawscompliance with. SEC. II. Be it further enacted, That if the applicant seeks to have an exemption set apart out of town property, exceeding in value the amount of exemption which he claims, and to which he may

Page 100

be entitled in realty to complete his legal exemption, and it cannot be so divided as to give an exemption of that value, the Ordinary may pass an order that, should said property (describing the same) be thereafter sold by virtue of any order, judgment or decree of any court in this State, so much of the proceeds of such sale as may be necessary to make up, when added to his other exempted property, if any, the full amount of the exemption allowed by this Act, shall be, by the officer making sale, paid over to the Ordinary, to be invested by some proper person appointed by the Ordinary in property selected by the applicant, which shall constitute the exemption of said applicant, or a part thereof, as the case may be, when said order and the deed of re investment shall have been recorded by the Clerk of the Superior Court. Exemption in town property. SEC. III. Be it further enacted, That in all cases the return of the Surveyor, as required by law, shall be made to the Ordinary at least five days before the time appointed for passing upon the application for exemption, in which he shall state, on oath, the value of the realty platted by him for exemption, and it shall be a valid ground of objection to the [Illegible Text] of any survey, that the same has been so made as to unjustly or needlessly injure the value of any land left unexempted by a disregard of the shape and location of the entire tract. Return of Surveyor shall be made to Ordinary at least five days before time for passing on application for exemption SEC. IV. Be it further enacted, That it shall be the right of the applicant to supplement his exemption by adding to an amount already set apart, which is less than the whole amount of exemption allowed by the Constitution and laws of the State, a sufficiency to make his exemption equal to the whole amount by resorting to the methods for setting apart and valuation of the exemptions provided in this Act. The proceedings shall be in all respects the same. Exemptions may be supplemented. How. SEC. V. Be it further enacted, That whenever the debtor and his wife, if any, shall jointly desire the property so exempted, whether real or personal, to be sold for re-investment, the application must be made to the Judge of the Superior Court of the county where the debtor resides, or the property is situated, unless such Judge is disqualified, when application may be made to the Judge of the Superior Court of an adjoining Circuit, for the sale thereof, and the Judge may, upon proper showing, either in term or vacation, order a sale of the property, and the proceeds shall be re-invested upon the same uses. The sale shall operate to pass to the purchaser the entire interest and title of the beneficiaries in the exempted property, and also the entire interest and title owned before the exemption was made by the party out of whose estate the property was so exempted. The purchaser shall receive the property and hold the same, as to all liens thereon against the original debtor, with the same exemption therefrom, and for the same length of time as was allowed to said original debtor before such sale; and by consent of all lien creditors, the liens of such

Page 101

creditors may be, by such order, divested and transferred to such newly acquired property. A trustee or guardian of minor children, for whose benefit property has been exempted, may apply for an order of sale under the foregoing provisions; but all persons interested shall be parties to the proceeding. Said Judge shall order the entire proceedings recorded on the minutes by the Clerk of the Superior Court of the county in which the parties applying for the order of sale reside, and where land is sold, in the county where the land is situated; and said Judge shall have all the power of a Chancellor to provide the means and mode of sale and re-investment, as aforesaid. The provisions of this section shall apply to the sale of any homestead or exemption set apart under the Constitution of 1868. Exemptions how sold and proceeds re-invested. SEC. VI. Be it further enacted, That any debtor may, except as to wearing apparel and three hundred dollars' worth of household and kitchen furniture, and provisions, waive or renounce his right to the benefit of the exemptions provided for by the Constitution and laws of this State, by a waiver, either general or specific, in writing, simply stating that he does so waive or renounce such right, which waiver may be stated in the contract of indebtedness, or contemporaneously therewith, or subsequently thereto, in a separate paper. Waiver of Exemptions. SEC. VII. Be it further enacted, That in case of such waiver, and the levy of an execution by an officer of this State, it shall be the right of the debtor and his wife, if he has any, to select and set apart, as free from levy and sale, three hundred dollars' worth of household and kitchen furniture and provisions. If, when such selection is made, the plaintiff in fi. fa. is of opinion that said property is of greater value than three hundred dollars, [Illegible Text] may indemnify the officer, and require him to proceed with the levy upon some part of said property, or all, if it be incapable of division; and it shall then be the right of the debter or his wife, if any, to make and deliver to the levying officer an affidavit, stating, substantially, that the property selected is not of greater value than three hundred dollars, said levy and affidavit shall then be returned to the next term of the Superior Court of the county of the residence of the debtor, to be tried as cases of illegality, the only issue being the value of the property selected. And the jury may find generally for the defendant in fi. fa., when the levy shall be dismissed, or may find specifically what portion of said property is of the value of three hundred dollars, which shall be exempted, and the balance shall be sold; provided, That the jury, or other tribunal, trying the issue, made by the levy and affidavit, may assess damages not exceeding twenty-five per cent. of the value of the property levied upon against the plaintiff in execution, for any levy made, not in good faith for the collection of the execution, but for the purpose of harassing the debtor. Exemptions not waived. SEC. VIII. Be it further enacted, That all laws heretofore enacted

Page 102

by the General Assembly of this State, on the subject of homesteads and exemptions, so far as such laws may be inconsistent with the provisions of this Act, and except such as relate to the exemptions provided in sections 2040 to 2049 inclusive, of the Code of 1873, and Acts amendatory thereof, are hereby repealed. Repealing clause. Approved December 16, 1878. [Sections 2040-2049 of Code refer to short homesteads.]

Page 103

TITLE X. MILITARY. ACTS. Organization of Volunteer Troops. [Illegible Text] of the State flag. ORGANIZATION OF VOLUNTEER TROOPS. No. 276. An Act to provide for the better organization, government and discipline, of the volunteer troops of this State, and to repeal all that part of the Code of Georgia, consisting of articles 2 and 3, of chapter 2, title 12, part I, and comprising all those sections numbered from 1075 to 1103, both [Illegible Text], in the Revised Code of 1873, relating to the volunteer corps of the State, and for other purposes connected therewith SECTION I. The General Assembly of the State of Georgia do enact, That the volunteer force of this State shall consist of such bodies of infantry, cavalry and artillery as now exist, or may hereafter be organized in accordance with the provisions hereinafter set forth. Their organization and service being voluntary, they are to be distinguished from the militia, and no laws relating to the militia shall be held to apply to the volunteers, unless so expressly provided. But they shall be subject to the legislation and control of the State, and must obey all orders from the proper authority, as hereinafter provided. Volunteers, how organized. ORGANIZATION. SEC. II. Any person capable of doing military duty (not under 16 years of age) may be enrolled as a volunteer; but every company and battalion must be composed of men of the same race and color. Who may be enrolled as members; companies to be composed of men of same race and color. SEC. III. Every company, whether of infantry, cavalry or artillery, shall consist of not less than twenty-eight nor more than eighty privates, five sergeants and four corporals; and the officers of every company shall be one captain, one first lieutenant, and not more than two second lieutenants. No company shall be received or commissioned as part of the volunteer force of the State

Page 104

with less than the minimum strength above specified, and any company permanently reduced below that minimum may be disbanded in the discretion of the Governor. But nothing herein contained shall be construed to affect companies, or battalions, heretofore incorporated by any law of this State, or to prevent any company or battalion from bearing on its rolls honorary or exempt members. Each Company to consist of how many men and officers. SEC. IV. Every company of infantry or cavalry must be attached to a battalion of the same arm, unless, by reason of the remoteness of its location, or other special circ*mstances, the Governor shall permit it to remain separate and unattached. But each battalion shall be composed, at the time of its organization, of not less than three, nor more than six, companies, of the same race and color, subject to the foregoing provisions Whenever there are several companies in the same city, town, or county, not less than three in number, not already organized in, or attached to, any battalion or battalions, the Governor shall require them to organize in one or more battalions, according to their number, and shall order the necessary elections for that purpose; but when there are a sufficient number of such companies to form two or more battalions, the Governor may permit them to choose the battalion to which they will be attached. Any company, or companies, in any town, city or county where there are not companies enough to form a battalion, or where a full battalion, or battalions, has already been formed, may unite with other companies in adjoining or neighboring counties, for that purpose, and if any company shall, for any reason, fail to do so within twelve months after the passage of this Act, or after commissions are issued to officers, the Governor may, in his discretion, designate the battalion to which it shall be attached. Every company of infantry and cavalry to be attached to a battalion, and in what cases not attached. [Illegible Text], how organized. SEC. V. Every battalion now organized and commissioned may retain its organization and privileges without regard to the number of companies of which it is composed; provided there be at least two, with the privilege [Illegible Text] receiving other companies into its organization. But no such battalion shall be increased to more than six companies, and no battalion hereafter organized shall consist of less than three or more than six companies. Battalions now organized to retain their organizatien and privileges. Proviso. SEC. VI. The regiment of volunteers now organized under the name of The First Volunteer Regiment of Georgia, may retain its organization and chartered privileges, subject to all rules herein prescribed for battalions, with the privilege of receiving other companies of infantry formed in Chatham county until it consists of ten companies. The First Volunteer Regiment of Georgia to retain its organization under these rules, with certain privileges. SEC. VII. Every battalion shall be commanded by a lieutenant colonel, without regard to the number of companies of which it is composed; and to every major now commanding a battalion a lieutenant-colonel's commission shall be immediately issued, such officers taking rank among themselves according to the date of their present commissions. Every battalion of six companies may

Page 105

have a major as well as a lieutenant-colonel. The commissioned and non-commissioned staff of every battalion shall consist of at least an adjutant and a quartermaster, each with the rank of first lieutenant, a sergeant-major and a quartermaster sergeant. To these may be added, in the discretion of the battalion commander, a paymaster, a commissary and a surgeon, each with the rank of first lieutenant, an ordnance sergeant and a hospital steward. Any other staff officers than the foregoing already appointed in any battalion, under laws heretofore existing, may retain their appointments; but when such appointments become vacant, they shall not be refilled. Officers of battalions, issue of commissions to, etc. SEC. VIII. Companies already organized will retain any special name or designation they may have adopted or may have by charter, if incorporated, and any company hereafter organized may adopt any special name or designation it may select, and under that name will be received and commissioned, but every company attached to a battalion must be designated in the battalion by a letter of the alphabet, in the manner now in use in the army of the United States. Battalions already organized under special names, whether under charter, special Act or otherwise, may retain these designations, but they must also be numbered in their respectived arms, according to the date of their organization. And every battalion hereafter organized, whether it adopt any special designation or not, must also be numbered in regular order as organized. Companies to retain their name or designation To be designated by a letter of the alphabet as in the U. S. army. Battalions of colored troops, or persons of African descent, must be numbered in a separate series, describing them as such. And all volunteer troops of this State, of all arms and colors, shall be styled and known as Georgia Volunteers. Colored troops to be numbered in a separate series. SEC. IX. Until otherwise provided by law, there shall be no regimental, brigade, division, or other larger organization of the volunteers of this State; and commanders of battalions and unattached companies, shall receive orders only from the Governor, except when otherwise specially provided. Commanders of battalions to receive orders from governor SEC. X. The Governor is Commander-in-chief of the volunteers as of all other military forces of this State. He shall designate some officer of the Executive Department to perform the duties of adjutant general including those specified in section 1121 of the Revised Code of 1873, so far as the same is applicable to the volunteers, and shall have that title, and the rank of colonel, but shall receive no additional compensation whatever therefor; and who, with such aides de-camp, with the rank of lieutenant colonel, as the Governor may find it necessary to appoint, shall constitute his military staff. The governor as commander-in-chief to designate some officers to to perform the duties of adjutant general, etc. APPOINTMENT AND ELECTION OF OFFICERS. SEC. XI. Non-commissioned officers of companies shall be appointed and subject to removal according to such rules adopted by their companies as are not contrary to law. Non-commissioned

Page 106

staff officers of battalions shall be appointed and subject to removal by the battalion commander, or according to the rules of the battalion, not contrary to law. But when in the active service of the State all such rules may be suspended at the discretion of the Governor, who may then prescribe different regulations on this subject. Non commissioned [Illegible Text] [Illegible Text] and [Illegible Text] of. When in active service of the [Illegible Text]. SEC. XII. Commissioned staff officers of battalions shall be appointed and commissioned by the Governor, upon recommendation of the battalion commander. Governor to appoint and commission staff officers. SEC. XIII Company officers shall be elected by the members of the company. In the case of a company attached to a battalion the election shall be ordered by the battalion commander. In an unattached company, an election for a subaltern officer shall be ordered by the captain; and election for captain shall be ordered by the Governor. In any case, if an officer already in commission be promoted, the vacancy then created may be filled at the same election without further orders. Such elections may be superintended by any two or more officers of volunteers not connected with the company in which the election is to take place, or by any two or more justices of the peace or freeholders, or one justice and one freeholder of the county where the election is to take place. The polls shall be kept open not less than two hours nor more than one day. The order for the election shall be promulgated to the members of the company at least five days before the election, in the manner as other orders to the company are promulgated, and shall specify the time and place of the election, and between what hours the polls are to be open. Company officers, election of to be ordered by the [Illegible Text] commander. Election to fill vacancies how [Illegible Text]. SEC. XIV. Field officers of a battalion shall be elected by the members of the companies of which it is composed. If the election be for a battalion commander, it shall be ordered by the Governor; if for a junior officer, it shall be ordered by the battalion commander. In either case, if a field officer already in commission in the same battalion be promoted, the vacancy thus created may be filled at the same election without further order. Such elections may be superintended by any two or more officers of volunteers of the same or any other battalion, not themselves candidates, or any two or more justices of the peace or freeholders of the county in which the election is to take place, or by one or more justices of the peace with one or more freeholders. The polls shall be kept open not less than two hours, nor more than one day. The order for the election shall be promulgated, in the same manner as other orders, at least ten days before the election is held, and shall specify the time and place of the election, and between what hours the polls are to be open. In the case of a battalion composed of companies in different counties, there shall be a poll in each county where there may be one company or more; and the election shall be conducted at each on the same day and in manner above prescribed. Field officers, how elected.

Page 107

SEC. XV. Returns of elections for officers of companies attached to battalions, and for junior field officers of battalions, shall be transmitted to the Governor through the battalion commander; and those of elections for officers of unattached companies, through the captain of the company. Returns of elections for captain of unattached companies, and for battalion commanders, shall be sent directly to the Governor by the superintendent. Returns of elections, how transmitted to governor. SEC. XVI. In every election for an officer of volunteers, the majority of votes cast shall decide. In the event of a mere plurality or a tie, a new election shall be ordered. When the returns show a majority of votes cast for one person, the Governor shall forth-with issue to the officer elect the proper commission, bearing date the day the election was held. If an election be contested, notice thereof shall be given to the Governor within five days after the election, and the commission shall be withheld until the contest shall be decided. In such a case either party contestant may, upon five days notice to the other, take testimony, upon, oath, before any justice of the peace of the county in which the election was held, within thirty days after such election, which testimony shall be forwarded, by such justice, to the Governor for his decision thereon. The Governor's decision shall be final, and thereupon the commission shall be issued accordingly. Majority of votes elect. Contested election. SEC. XVII. Every commission issued to an officer of volunteers shall continue until death, resignation, promotion or dismissal of the officer. And all companies and battalions are hereby forbidden to adopt or retain rules providing for the periodical election of any commissioned officer. And commissions issued to staff officers of battalions shall in like manner continue, notwithstanding the death, resignation, or dismissal of the battalion commander, upon whose recommendation they were appointed. Nevertheless, upon the disbanding of any company, or dissolution of any battalion, the commissions of all officers of such company or battalion shall there upon cease. Terms of officers. SEC. XVIII. No commission shall be issued to any person elected to be commander or other field officer of any battalion, and no such officer elect shall enter upon his duties, until he shall have satisfactorily passed an examination touching his competency for the office by such persons and in such manner as the Governor shall prescribe in the general regulations hereinafter provided for. Commander or other field officers to be examined. UNIFORM. SEC. XIX. The uniform already adopted by any company or battalion already uniformed at the time of the passage of this Act, is hereby authorized, and may be retained by such company or battalion as long as it pleases, but it cannot be changed, except for the uniform hereinafter provided for, and no company or battalion shall hereafter be received or recognized, or supplied with arms or accoutrements, or its officers commissioned, unless it be uniformed

Page 108

in the manner hereinafter provided for. But every battalion or unattached company shall be at liberty to adopt such distinctive marks, ornaments, or insignia, in addition to the uniform hereinafter provided, for, as it may prefer, subject to the approval of the Governor, provided it makes no substantial change in the uniform. Uniforms to be retained, but not changed. Marks, ornaments or insignia. Proviso. SEC. XX. Subject to the foregoing provisions, the uniform and dress of the volunteers of this State shall be as prescribed by the Governor in the general regulations hereinafter provided; but the volunteers must uniform and equip themselves at their own expense. Governor to prescribe the uniform and dress of volunteers. ARMS AND ACCOUTREMENTS. SEC. XXI. The arms and accoutrements of the volunteer troops of this State shall be such, in each arm, as are furnished by the Governor out of those supplied to him by the government of the United States; and it shall be the duty of the Governor hereafter to distribute the arms obtained from the government of the United States to companies not yet armed by the State, in such manner as in his judgment shall most conduce to the public interest, and all the companies of each battalion must be armed and accoutred alike; but any company, of either arm, to which the Governor may be unable to furnish arms and accoutrements, may find its own, subject to the rules that all the companies of the same battalion shall be armed and accoutred alike, and that all such arms be such as are used in the army of the United States; and no company shall be received, recognized or commissioned, unless the Governor be prepared to furnish it with arms and accoutrements, or it be already furnished at its own expense, subject to the foregoing rules. All arms and accoutrements furnished by the Governor shall be accounted for in the returns hereinafter provided for. But nothing herein contained shall be construed to prevent any company or battalion from having and using accoutrements, in time of peace, different from those supplied by the Governor, at its own expense; provided, that all companies in the same battalion be accoutred alike. Governor to furnish such arms and accoutrements as are supplied by the U. S. government. Proviso. SEC. XXII. The Governor shall furnish annually the commander of each battallion and unattached company the following supplies of fixed amunition to the volunteers armed according to the provisions of the foregoing section, out of the supplies of ammunition received from the government of the United States, viz: To each company of infantry not more than ten round of ball and six round of blank cartridge, of which not less than five round of ball cartridge shall be always on hand for the service of the State; to each company of cavalry armed with pistols or carbines, not more than twenty round of ball cartridge, of which not less than ten round of ball cartridge shall be always on hand for the service of the State; to each battery of artillery not more than ten round of shot or shell per gun, and six round of blank cartridge, of which not

Page 109

less than five round of shot or shell per gun shall be always on hand for the service of the State; and to these shall be added, for the artillery, the proper proportion of friction primers. All ammunition issued shall be accounted for in the returns hereinafter required. Governor to furnish certain supplies of fixed ammunition SEC. XXIII. All arms and accoutrements shall be issued by the Governor to the commander of the company and shall be receipted for by him, and the receipt for arms and accoutrements shall be accompanied by a bond of the officer, with at least two sureties, who shall be jointly and severally bound, and each of whom shall be sworn that he is worth the amount of the bond over and above his indebtedness, and the amount of the homestead exemption allowed by law, in double the value of such arms and accoutrements, payable to the Governor and his successors in office, for the safe keeping, proper use and surrender, when required, of the same. And in the event of the death, resignation or dismissal of such officer, his successor shall not be commissioned or entitled to enter upon his command until he shall have reported to the Governor the arms and accoutrements remaining of those originally issued to the command, and have delivered to the Governor his own bond for the same, with sureties as above prescribed. The person giving bond for arms and accoutrements, his executors, administrators and sureties, shall be liable to suit in the proper court for damages resulting from a breach thereof. And any noncommissioned officer or soldier, to whom his commanding officer may find it necessary or convenient to intrust arms or accoutrements issued by the State shall be liable to such officer for any loss of, or injury to, the same in any court having jurisdiction of the person of the defendant and the amount of the demand. And if any officer or soldier shall sell or otherwise dispose of any arms or accoutrements belonging to the State in his possession, custody, or control, the purchaser shall acquire no title, and such officer or soldier shall, upon conviction thereof by a court-martial, be dismissed from the volunteer force, and upon conviction thereof in the Superior Court of the county where the offense was committed, shall be fined in a sum not exceeding fifty dollars, or imprisoned in the common jail of the county not more than twenty days, or both, in the discretion of the court. Arms and accoutrements to be receipted, for. Bonds, etc., of officer. Liability of executors and administrators of persons giving bond. Purchasers of arms or accout rements from officers to acquire no title; and penalty for selling the same. SEC. XXIV. Whenever any company shall be disbanded, or shall refuse to obey the lawful order of its company or battalion commander, or of the Governor, the Governor may require the immediate surrender of all arms, accoutrements and ammunition issued for its use; and upon neglect or refusal to surrender the same within thirty days after such demand, the Captain and his sureties shall become liable to suit on his bond, and the arms, accoutrements and ammunition may be taken possession of wherever found by any officer of the State, civil or military, by such summary

Page 110

process as the law provides, and immediately deliver to the Governor, or his order. When companies refuse to obey lawful orders, governor may require surrender of arms. DUTIES. SEC. XXV. Every company of volunteers shall parade at least four times in every year, and every battalion at least once in every year, the times to be appointed by the rules adopted by such company or battalion, or in the absence of such rules, by its commanding officer. The Governor may order such other parades, not exceeding one in any year, of any company or battalion, as he may think proper, for inspection or review, by the adjutant general or such officer of volunteers as he may designate for that duty. Companies and battalions, how often to parade. Governor may order other parades. SEC. XXVI. The officer commanding any detachment, company or battalion at any parade, or during the performance of any other duty ordered by proper authority, shall have authority to arrest and place under confinement during the continuance of such duty, any person who shall in any way wilfully disturb or interrupt the peaceable and orderly proceedings of such detachment, company or battalion, and such person shall, moreover, be liable to prosecution in the Superior Court of the county where the offense is committed, and on conviction, shall be fined in a sum not exceeding fifty dollars or be imprisoned not more than twenty days, or both, at the discretion of the Court. Commanding officer of detachments authorized to arrest disturbers. Penalty. SEC. XXVII. In case of any invasion, rebellion, insurrection, or probable prospect thereof, the Governor shall have authority to order into the service of the State such portion of the volunteers as, in his judgment, the occasion shall require, and to detail or appoint to command them the ranking officer so ordered, or any other officer of superior rank, and such other officers for their payment and supply as he may find necessary. In case of insurrection governor to order volunteers into service. SEC. XXVIII. Whenever any part of the volunteer force of the State is called into the service of the State, under the preceding section, all officers and soldiers responding to such call shall be entitled to such pay, rations, and other allowances or to commutation therefor, as are prescribed for officers and soldiers of the army of the United Statesevery fraction of a day of such service to be counted as an entire day. Officers and volunteers responding to such call, to be entitled to what pay. SEC. XXIX. The commanding officer of every battalion or unattached company, shall annually make a report to the Governor, in such form as the Governor shall prescribe, of the strength of his command, and of all arms, accoutrements and ammunition supplied to it. And the commander of every company attached to a battalion shall make a similar report to his battalion commander. These reports shall show the state of the command on the first day of May in each year, and shall be made within thirty days thereafter. And any officer who shall knowingly make a false report shall, upon conviction thereof by a court-martial, be cashiered, or fined not more than $100, or both, in the discretion of the court. Commanding officers of battalions to make annual reports. Penalty for making false reports.

Page 111

GOVERNMENT. SEC. XXX. Every company and battalion of volunteers may adopt such rules for the government of its members as it may think best, provided, such rules contain nothing contrary to the law of this State, or of the United States, and provided also, that the rules of any company be not inconsistent with those of the battalion to which it belongs. Each company and battalion to adopt its own rules. SEC. XXXI. When not in the actual service of the State for a time of seven days or more, delinquences of non-commissioned officers and soldiers shall be punished in such manner as shall be prescribed by the rules of the company or battalion to which they belong; provided, that such rules shall impose no other penalties than fines expulsion, or the reduction of non-commissioned officers to the ranks, and shall not, in other respects, be contrary to the laws of this State, or the United States. But every officer, or non commissioned officer, commanding a detachment, company or battalion, on parade or other duty, shall have authority to arrest, and keep under arrest during such parade or other duty, any officer or soldier under his command, for such disobedience of orders, or disorderly or insubordinate conduct, as shall obstruct or interrupt the parade or other duty. All fines imposed in pursuance of the rules of any company or battalion shall be the property of the organization, and shall rank, in the distribution of the estates of deceased and insolvent persons, next after debts due to the public. When in the actual service of the State for a time of seven days or more, the rules of the company or battalion may be suspended, in the discretion of the Governor, and in such case, all officers, non-commissioned officers and soldiers shall be governed by the military law of the State, or by such regulations as shall be promulgated by the Governor in accordance with law. To prescribe their own rules of punishment when not in actual service. All fines to be the property of the organization, etc. SEC. XXXII.Officers shall, in like manner, be governed by the rules of the company or battalion to which they belong, subject to the provisions hereinbefore set forth; but no vote, sentence, or other decision under such rules shall have effect to deprive an officer of his commission unless approved by the Governor, upon a full report of all the proceedings in the case. Officers to be governed by rules of companies or battalion. SEC. XXXIII. The rules of any company or battalion may provide for the organization of courts martial within such company or battalion, for the trial and punishment of its own members for offenses against its own rules subject to the restrictions hereinbefore set forth; and the sentence of such courts within the scope of their powers shall be respected. Each company or battalion to provide for the organization of courts-martial. SEC. XXXIV. For the trial of any officer of a company attached to a battalion, for a military offense, not provided for by the rules of the company or battalion to which he belongs, the [Illegible Text] commander shall have authority to order a court-martial, composed of officers of the same battalion, not less than five

Page 112

nor more than seven in number, and not including any officer of the same company junior in rank to the accused. If the accused officer belong to an unattached company, the court shall be ordered by the Governor, subject to the foregoing regulations as to the number and qualifications of the officers composing it. If the accused be a field officer of a battalion, the court shall, in like manner, be ordered by the Governor, and shall consist of not less than five nor more than seven officers, none of whom shall be of the same battalion and junior in rank to the accused. It shall not be necessary in any case that the members of the court shall be of equal or superior rank to the accused. Trial of officers not provided for [Illegible Text] companies or battalions, etc. SEC. XXXV. Except when the accused officer is in the actual service of the State, every such court-martial [Illegible Text] be held in the county where the [Illegible Text] was committed; and the accused officer shall have at least thirty days notice of the time the court is to convene, (with a copy of the charges against him, and of the order under which the court is to convene). If the accused officer refuse or fail to attend, without sufficient excuse, to be judged of by the court, the court may, upon proof of service of notice upon him, as above provided, proceed to hear and decide in his absence. In all particulars not herein provided for, the organization and proceedings of the court shall be according to the law and practice of courts-martial in the army of the United States. Courts-martial, where held when accused not in actual service, notice to accused, etc. SEC. XXXVI No heavier punishment shall be imposed by any such court than cashiering, or a fine of one hundred dollars; and no sentence shall be enforced unless approved by the Governor, upon a full report of all the proceedings in the case. If the Governor approve a sentence to be cashiered, he shall announce the same in orders, and thereupon the commission of the delinquent shall cease, and an election to fill the vacancy shall be ordered. If the Governor approve a sentence to pay a fine, he shall announce the same in orders, and the president of the court shall thereupon issue an execution therefor, signed by himself and countersigned by the judge-advocate, which shall have a lien upon all the property of the delinquent in this State, taking rank as a debt due to the public, and next after taxes, and may be levied by any Sheriff or deputy Sheriff of this State. And all moneys collected under such executions shall be first applied to the payment of expenses of the court; and the residue, if any, shall be paid into the Treasury of the State, to be ome a part of the military fund. Penalty, extent of. Not to be enforced until approved by the governor, etc. Fines, how collected. SEC. XXXVII. Every member of a court-martial ordered by the Governor, and the judge advocate thereof, shall be entitled to receive the sum of five dollars for each day of actual service upon such court, to be paid out of the military fund, upon the Governor's warrant; and any officer failing or refusing to serve, without sufficient excuse, to be judged of by the court, shall be fined in a like sum of five dollars for each day's absence, to be collected by execution, issued in the same manner as provided in the foregoing

Page 113

section, to be first applied to the payment of the expenses of the court, and the residue, if any, to be paid into the Treasury of the State, to become a part of the military fund. And any non commissioned officers, or soldiers, not exceeding three, appointed by the president of the court to preserve order, or execute the orders of the court, shall be entitled to receive one dollar for each day of actual attendance, to be paid in like manner as the members of the court. Courts-martial, per-diem of members of. Penalty for refusing to serve. SEC. XXXVIII. Every court-martial ordered by the Governor, or by battalion commander, shall have power to punish for contempt in the same manner and to the same extent as the justice of the peace. And all fines paid for contempt, if the court be ordered by the Governor, shall be first applied to the expenses of the court, and the residue, if any, shall be paid into the Treasury to constitute part of the military fund; if the court be ordered by a battalion commander, such fines shall be paid to him for the use of the battalion. Power of courts martial to punish for contempt, etc. PRIVILEGES. SEC. XXXIX. No part of the uniform or equipment of any volunteer officer or soldier shall be subject to levy and sale for debt, except for fines or other dues to his company or battalion, according to its rules, and such as may be imposed on him by sentence of a court martial. Uniform or equipment of officer or soldier not subject to levy and sale, except for what. SEC. XL. Every member of a volunteer company or battalion shall, during the continuance of his membership, be exempt from militia duty; and every person who shall have served ten years continuously in any one company or battalion of volunteers, in any capacity, as an active member thereof, uniformed and equipped, shall be thenceforth exempt from all militia duty, or commutation therefor, which may be required by law in time of peace. Exemptions of members of volunteer companies or battalions. INSTRUCTIONS, ETC. SEC. XLI. The instruction and drill of the volunteers of each arm shall be according to the system now in use in the army of the United States, unless otherwise ordered by the Governor, in general regulations hereinafter provided for. Instruction and drill to be according to the system of the U. S. army. MISCELLANEOUS. SEC. XLII Every battalion of volunteers shall carry the flag of the State, when one is adopted by Act of the General Assembly, as its battalion colors. But this requirement shall not be construed to prevent it from carrying, in addition thereto, any other flag or colors of its own adoption. Flag of the State to be carried by each battalion, etc. SEC. XLIII. For the purpose of carrying into effect any provisions of this Act, and of providing for the organization, discipline and government of the volunteers, in all particulars not herein fully described, the Governor is authorized to make and order such

Page 114

general regulations as he may find necessary, not inconsistent with law; and he is further authorized to furnish to the commander of every battalion and company of volunteers, now or hereafter to be organized, at least four copies of the Act, and of any amendments thereof, which may from time to time be passed, and of such general regulations as he may prescribe under this section, printed in pamphlet form, at the expense of the State. And until the Governor shall prescribe the regulations authorized by this section, and in all matters not fixed by this Act or by such regulations, the general regulations of the army of the United States shall govern, so far as they are applicable, and not inconsistent with anything contained [Illegible Text] this Act. Governor authorized to make and order general regulations. General regulations of U. S. army to govern, until prescribed by the governor. SEC. XLIV. All moneys collected for fines and forfeitures imposed under the provisions of this Act, by courts martial ordered by the Governor or by the Superior Court of any county, shall be paid into the Treasury of the State, and there constitute and be kept as a separate fund, called the Military Fund, and shall not be paid out for, or applied to, any other purpose whatever than those specified in this Act, and then only upon the Governor's warrant. All fines and forfeitures imposed under this Act to be paid into the State Treasury. SEC. XLV. All volunteer corps heretofore organized, and in actual existence at the time of the passing of this Act, may retain any special privileges heretofore conferred upon them by law, not inconsistent with the provisions of this Act. All that part of the Code of 1873, from section 1075 to section 1103, inclusive, all treating of the volunteers of this State, consisting of articles 2 and 3 of chapter 2, title 12, part 1, and all laws inconsistent with this Act, are hereby repealed. Approved October 16, 1879. DECLARATORY OF THE STATE FLAG. No. 317. An Act to declare and establish the flag of the State of Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the flag of the State of Georgia shall be, as hereinafter described, to-wit: A vertical band of blue next the staff, and occupying one-third of the entire flag; the remainder of the space shall be divided into three horizontal parallel bands, the upper and lower of which said bands shall be scarlet in color, and the middle band white. State flag, description of. Approved October 17, 1879.

Page 115

TITLE XI. MACON AND BRUNSWICK RAILROAD. ACTS. Lease or sale of Macon and Brunswick Railroad. Act of 1879 as to sale of the M. B. R. R. amended. Lessees of M. B. R. R. to be agents of State. Suits, how and where brought, against the M. B. R. R. LEASE OR SALE OF MACON AND BRUNSWICK RAILROAD. No. 95. An Act to authorize the lease or sale of the Macon and Brunswick Railroad, and to confer certain chartered powers and privileges upon the lessees of said road, to build extensions of the same from Macon to Atlanta, from Brunswick to Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same, and to prescribe their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Governor of the State be, and he is hereby, authorized, to lease the Macon and Brunswick Railroad, which is the property of the State, with all its houses, work-shops, depots, rolling stock, grounds, lands, and appurtenances of every character, to a company, to be formed, for a term of twenty years, for a sum of not less than $60,000, per annum, of which sum, for the first year, $10,000 shall be paid on the day of the lease, and the balance, for said first year, shall be paid within thirty days, or before the time that the railroad, with its appurtenances as before stated, is transferred to the lessee, and, thereafter, one-twelfth of the annual rent shall be paid monthly, in advance, and within five days after the beginning of each month, into the Treasury; and, in case said company shall, at any time, fail or refuse to pay the

Page 116

sum due for each month, according to the foregoing terms, the lease shall be forfeited, and it shall be the duty of the Governor to declare it so forfeited, and to take immediate possession of said road and all of the appurtenances, and if any resistance is offered by the company, it shall be the duty of the Governor to take possession by force, and to this end, he may use all the power of the State, both civil and military, and expel the lessees who have failed to make the payments according to the terms hereinbefore stated; (and, within ten days after the Governor has terminated the lease and taken possession of the road for the State, he shall commence a suit against the lessees on the bond, to be given by them to the State, in any court of the State having competent jurisdiction of the case, unless the sum due is sooner paid); but the faith of the State is hereby pledged to said company, that they shall, in no case, be disturbed by the authority of the State, so long as they keep the contract on their part, and make the payments when due: provided nevertheless, that said company shall, in no case, sub let said road to other persons or corporations, except when allowed by legislative enactment; provided further, that nothing contained in this section shall convey, either by sale or lease, any lots of land on or near the line of said [Illegible Text] in the counties of Pulaski, Dodge and Wayne, now owned by the State, except such portions thereof as may be necessary for right-of-way, section houses, depots, or other grounds necessary for the operation of said railroad. Lease authorized for twenty years. Paymentshow made. Failure to pay forfeits contract. Governor take possession by force, if necessary. Governor shall institute suit on bond of lessees for amount due. Faith of State pledged to said company. [Illegible Text] shall not sub let without legislative sanction. Land of State in certain counties not conveyed. SEC. II. Be it further enacted, That said railroad shall be leased at public outcry in the city of Macon, at the Court house door of Bibb county, within the legal hours of sale. It shall be the duty of the Governor to give forty five days previous notice of the day and place of said lease, with the terms of the same, in at least five newspapers of most general circulation in the State of Georgia, and in at least two other newspapers of general circulation, published in some of the cities of other States of the United States; and said railroad is to be leased within forty-five days after the adjournment of the present session of the Legislature of the State of Georgia, to the highest bidder for said lease, who complies with the terms of this Act. Road to be leased at public outcry. How advertised. Lease to be made within 45 days after legislature adjourns its present session. SEC. III. Be it further enacted, That it shall be the duty of the Governor of Georgia to require of said company to whom the road and its workshops, rolling stock and appurtenances may be leased, to give bond, with ample security, in the sum of $500,000. The lessees shall be worth over and above their indebtedness at least $150,000, and there shall be security in the State worth at least $100,000, and the balance of security, if out of the State, shall be upon real estate or railroad property. The lease shall be made to no company who tenders security that is even doubtful. The bond shall bind the lessees and their securities for the prompt payment of the sum agreed on, according to the terms hereinbefore stated, and for the return of the road and its appurtenances, at the expiration

Page 117

or termination, or forfeiture of the lease, in as good condition as it was when received by the company from the State under said lease, which bond shall be recorded in the Secretary of State's office, and filed in the Executive office, which may be sued on at any time when there has been a breach of its condition; Provided, that this shall not preclude the Governor from requiring other security at any time, if the security first given shall become insufficient from any cause; and if said lessees refuse to give, within thirty days after being required, other security, then this shall be cause of forfeiture, which shall be enforced as provided for in section first of this Act. Bond of lessees in the sum of $500,000. Lessees shall be worth at least $150,000 above their indebtedness. Conditions of [Illegible Text]. Bond to be recorded. Governor may at any time require additional securety. Failure to give additional security. SEC. IV. Be it further enacted, That if a lease of said road is effected under this Act, the said lessees shall be required to expend, within two years from date of lease not less than two hundred thousand dollars for permanent improvements in the erection of shops, depots, wharves, purchase of machinery, rolling stock and improvement of tract, including a change of line at Macon, and condemnation of land therefor, as provided for by the original charter of said Macon and Brunswick railroad, all of which shall revert to the State, in case said lease is forfeited and should said lease not be forfeited, then at the expiration of the lease, said improvements shall be turned over to the State and included in the inventory made at that time according to the value of said improvements at the time of the expiration of said lease. The improvements at Macon shall be upon the State's property, or on land purchased by the lessees in the name of the State. Lessees shall expend within two years from date of lease, $200,000 for permanent improvements, etc. Said improvements shall revert to the State in case the lease should be forfeited. SEC. V. And be it further enacted, That the Governor, so soon as the lease is executed, shall appoint three railroad men of experience, wholly disinterested in the lease or any competing line of railroad, who shall examine the road and its appurtenances carefully, and shall make out, in writing, a schedule or inventory of the same, carefully describing and setting forth the true condition of the road, its rolling-stock, appurtenances and property of every character, and value of the same, which shall be recorded in the office of the Secretary of the State, and filed in the Executive office, and in case said property is not returned at the expiration or forfeiture of said lease in as good condition as when received, the company and their securities, on their said bond, shall be liable to make good the difference to the State. Provided, that on the expiration of the lease, the condition of said road and appurtenances shall be examined by three experienced railroad men to be appointed jointly by the Governor of the State and the lessees, who shall likewise value said railroad and appurtenances and under oath make return thereof. Inventory of property belonging to road, how and by whom made. Inventory to be filed in Executive office. Property to be returned in as good order at forfeiture or expiration of lease, as when received by the company. SEC. VI. Be it further enacted, That so soon as the lease shall be agreed upon, in accordance with the terms of this Act, the names of the lessees thereof shall be entered on the minutes of the Executive

Page 118

Department, and they and their successors shall become a body corporate and politic for the period of twenty years, under the name and style of the Macon and Brunswick Railroad Company, and as such, shall have all the rights, powers and privileges granted to said road by the laws now in force: Provided, That the State shall at all times have the first and highest lien upon the property of said company, and the State's interest in said road shall at no time be affected by any claim of a third party against said road or lessees, or any lien created by them. Lessees and their successors become a body corporate. SEC. VII. Be it further enacted, That each of said persons composing said company shall be a director of the same and in case of the death of any of said lessees, his legal representative shall act in his place, and represent his interest; and on all questions which come before said board of directors each shall vote and have weight in the decision of the questions which come before said board in proportion to his interest in the company. Directors, and action in case of death. Director's vote proportion to his interest. SEC. VIII. Be it further enacted, That the board of directors shall within thirty days after the company is organized, and the lease is executed, elect a president and provide for the filling of such other offices as they may deem necessary for the management of said road, and provide by-laws and rules for the government of said road and its officers not inconsistent with the constitution and laws of the State of Georgia. The Board of Directors to elect a President and other officers, and pass by-laws. SEC. IX. Be it further enacted, That in case of the death of any member or shareholder of said company, his interest in the lease shall be considered personal property, and the rights of his heirs or devisees thereto shall not be debarred by any act of the corporators. Share-holder dies, his interest be considered personal property. SEC. X. Be it further enacted, That said lessees of said railroad shall neither make or permit to be made any unjust discrimination in favor of any other company or parties having or doing business with said road, nor shall any railroad or express company or companies within the State of Georgia, or a combination of either, in any event become lessees of said road, directly or indirectly, and should any company owning or running a competing line of railroad within the State of Georgia, or any individual or individuals having an interest in any such company, running to or from the Atlantic coast, at any other point than the city of Brunswick, become at any time so interested in the lease, or the running of said Macon and Brunswick Railroad as to in any way control the freights or passenger tariffs or management, then the lease under this Act shall be forfeited, and the Governor of Georgia shall take possession of the same as provided in section first of this Act. No unjust discrimination to be made. No roads, companies or [Illegible Text] of either to become lessees. How lease forfeited. SEC. XI. Be it further enacted, That in the event said railroad is not leased according to the terms of this Act, then it shall be the duty of the Governor of the State of Georgia, to appoint five

Page 119

commissioners or directors for said railroad, who shall take charge of the management of the same, and have it run to the best interest of the State until the further action by the Legislature of Georgia. It shall not be competent for the Governor to appoint any person such commissioner, who is the owner of any stock or bond in any line of railroad in Georgia, competing with the Macon and Brunswick railroad, or who may be directly or indirectly in the employment of such competing line. Provided nevertheless, That should there be a failure to lease said railroad at the first advertising, then the Governor shall again, at such other times as he may deem proper, re-advertise under the terms of this Act, and make a second effort to lease said road as herein provided. The term of the lease to be twenty years, less the time which may elapse between the passage of this Act and the date of said lease. Provided further, That the said road shall remain under its present management, as now provided by law, till the same is leased under the first advertisem*nt, or there is a failure to lease under said first advertisem*nt: in which event it shall be the duty of the Governor to at once appoint the five commissioners to operate the road as provided in this Act. The salary of the commissioners to be appointed as above provided for, shall be four hundred dollars each per annumsaid commissioners shall have full power and authority to make all contracts and agreements usual and necessary in railroad management, and dictated by the condition of said road, its property and business, and shall have the power, with the approval of the Governor of the State, to extend the business of said railroad by chartering or hiring boats to transact business on the Ocmulgee, Oconee and Altamaha rivers, and on the Cumberland route, either to Fernandina or Jacksonville, Florida, provided, That said commissioners shall have no power to bind the corpus or franchises of said railroad by any contract whatever; said commissioners are authorized to expend the profits arising from the business of the road, or so much thereof as may be necessary, in such improvements and betterments as may be necessary for its best interests. Appointment of Directors. Duties and powers of Commissioners. SEC. XII. Be it further enacted, That the company which may organize as lessees under this Act shall have full power and authority to survey, lay out, construct, equip, use and enjoy a railroad from the city of Macon to the city of Atlanta, a railroad from the city of Hawkinsville, in the county of Pulaski, or Eastman, in the county of Dodge, to the city of Americus, in the county of Sumter, and a railroad from the city of Brunswick, in the county of Glynn, or from any point on said railroad in the county of Glynn on said railroad, to the Florida line, and shall further have power and authority to connect said roads, or either of them, at each terminus, with the roads of other companies constructed to said terminus or which may hereafter be constructed to the said terminus,

Page 120

and so far as this Act grants chartered rights and privileges, to survey, lay out, construct, equip, use and enjoy said railroads, or either of them, the same shall be held and construed to be an enlargement and addition to the chartered powers of the Macon and Brunswick railroad, and to be and become a part of its original charter. Lessees invested with power to build and operate branch roads. SEC. XIII. Be it further enacted, That the parties who may become lessees from the State of Georgia of the Macon and Brunswick Railroad shall, as provided in section 12 of this Act, proceed within one year or less time, after the date of the execution of said lease, to build and put in good running order a railroad of five feet gauge, or the same gauge with the Macon and Brunswick Railroad between the city of Macon, in the county of Bibb, and the city of Atlanta, in the county of Fulton, and finish the same within five years from the execution of said lease, with the right to unite their tracks with the tracks of the roads now built, or that may hereafter be built into said cities, by which cars may be transferred without breaking bulk or detention from road to road at said cities; Provided, that if said company can procure a joint company contract over the Macon and Augusta Railroad to any point outside the city of Macon, and a joint occupancy contract over the Georgia Railroad from any point at or near Social Circle or Covington into Atlanta, then said company may build the connecting link only between said last named railroads, or may build the line from Macon to the Georgia Railroad, or may build the line from Macon to Atlanta. When said railroad is built by said lessees, they shall at the time of, or before the completion of said road as above provided for, have the right and option of purchasing the Macon and Brunswick Railroad for the sum of one million one hundred and twenty-five thousand dollars to be paid in the recognized bonds of the State of Georgia and upon the compliance fully by the lessees with the terms of this section, the Governor of the State shall transfer to said lessees all the rights, privileges and franchises of the State in and to the Macon and Brunswick Railroad track, buildings, shops rolling-stock and all other things attaching to said Macon and Brunswick Railroad. The payment of the one million one hundred and twenty-five thousand dollars shall be as follows: Two hundred and fifty thousand dollars when the purchase is made and the title transferred; two hundred and fifty thousand dollars two years thereafter, and the balance within four years after the transfer, with interest at five per cent per annum on the deferred payments. Provided, the State shall retain a lien on said Macon and Brunswick Railroad and its appurtenances until the entire purchase money is paid, and the Governor shall, on failure of the lessees to make payment as herein provided for, take possession of the road and appurtenances and run the same for twelve months, at which time

Page 121

it shall be his duty to sell the said railroad for the balance of purchase money unless sooner paid; Provided further, should the lessees fail or refuse to build said road then the lease under this Act is to become void, and it shall be the duty of the Governor to take possession of the said Macon and Brunswick Railroad as provided in the first section of this Act. Lessees shall begin within one year after date of lease to build between the cities of [Illegible Text] and Atlanta and shall complete same [Illegible Text] [Illegible Text] years. Lessees may [Illegible Text] M. B. P. R. with Macon and [Illegible Text] R. R., and the Georgia R. R. When said railroad is built by the [Illegible Text] they shall have the right and option to [Illegible Text] said M. B. R. R. for [Illegible Text] Governor shall transfer to them all rights and franchises of M. B. R. R. Purchase moneywhen and how paid. State shall [Illegible Text] a lien [Illegible Text] whole purchase money is paid. Failure to make payments. If lessees fail to build said road, lease shall be forfeited. SEC. XIV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 3, 1879. ACT OF 1879 AS TO SALE OF MACON AND BRUNSWICK RAILROAD AMENDED. No. 355. An Act to alter and amend an Act entitled an Act to authorize the lease or sale of the Macon and Brunswick railroad, and to confer certain chartered powers and privileges upon the lessees of said road to build extensions of the same from Macon to Atlanta, from Brunswick to the Florida line, and from Hawkinsville or Eastman to Americus, and to appoint commissioners to run the same and prescribe their powers and duties, and for other purposes. Approved, September 3, 1879. SECTION I. The General Assembly of Georgia enact, That in the event said Macon and Brunswick railroad should be purchased by the lessees at any time before the expiration of the first year, and said lessees shall have paid in advance into the Treasury of the State of Georgia, the amount required by the first section of the above recited Act upon application of said lessees when they may become purchasers, it shall be the duty of the Treasurer on the approval of the Governor, to pay back to said lessees, so becoming purchasers, the excess over and above the pro rata rental arising while the said Macon and Brunswick railroad is run by said company as lessees: Provided, that the provisions of this section shall also apply to any monthly rent paid in advance after the said first year. Act 1877 in reference to sale of amended. Proviso. SEC. II. And be it further enacted, That United States registered bonds shall be receiveable at the option of the lessees, in lieu of any other security required by the Act of which this is amendatory. U. S. registered bonds receivable. SEC. III. And be it further enacted, That said lessees shall have the privilege of purchasing said road upon the terms stated in the above recited Act at any time after the lease is made, and all payments required by said Act to be made in recognized bonds of the State of Georgia, may, at the option of the purchasers, be made in

Page 122

United States registered bonds, and said purchasers may make payments on their purchase at any time and in any amounts they may elect, provided they do not fall short of the payments required by the original Act. Purchase money may be paid in U. S. bonds in lieu State bonds. Proviso. SEC. IV. And be it further enacted, That in the event of failure of the purchasers to carry out their agreement with the State, all payments made to the State of Georgia to be forfeited by the purchasers, and the Governor shall take possession of said Macon and Brunswick railroad in the name of the State, as provided in the Act of which this is amendatory. Payments lost if fail to carry out agreement SEC. V. And be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 14, 1879. LESSEES OF THE MACON AND BRUNSWICK RAILROAD TO BE AGENTS OF THE STATE. No. 345. An Act to constitute the Lessees of the Macon and Brunswick Railroad, in the event said road is leased, agents of the State for certain purposes therein named, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the person or company leasing the Macon and Brunswick Railroad, if said road shall be leased under the provisions of an Act entitled an Act to authorize the lease or sale of the Macon and Brunswick Railroad, etc., approved Sept. 3, 1879, be, and they are hereby constituted, agents of the State for the settlement of all balances due from connecting roads to said Macon and Brunswick Railroad, and all balances due by said Macon and Brunswick Railroad to other connecting roads, also, all due by and from individuals, and in case there is any balance in favor of said Macon and Brunswick Railroad, it shall be collected by said agent and paid into the Treasury of the State. And in case there shall be any balance due connecting roads by said Macon and Brunswick Railroad, said agent shall pay such balance as soon as it is due to the State for rent for use of the road as provided in said above recited Act authorizing the lease or sale of said road. In case it shall be found that there are other outstanding or floating debts or liabilities of said Macon and Brunswick Railroad due or to become due to any person or persons at the time said lease is made, they shall be paid by the Governor out of the Treasury of the State. And he is hereby authorized to draw his warrant upon the Treasury for such sum or sums as may be found due, contracted or made since said

Page 123

road has been the property of the State, to be paid out of any money in the Treasury not otherwise appropriated, and the Governor shall be the judge of the validity of such claims as may be presented for payment. Should any cause be pending in any of the courts of this State either for or against said Macon and Brunswick Railroad, they are to continue to a legal termination, as though said road had not been leased. Lessees constituted agents of State. [Illegible Text] due shall be paid into State Treasury. Floating debts. Governor to judge of validity of claims. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879. SUITS, HOW AND WHERE BROUGHT, AGAINST MACON AND BRUNSWICK RAILROAD. No. 344. An Act to provide how and when certain suits may be brought against the Macon and Brunswick Railroad. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, in all claims and suits against the Macon and Brunswick Railroad Company, where by law other railroad companies are allowed to be sued elsewhere than in the county where the principal office is located, suit may be brought against the commissioner, receiver, or other agent, having superintendence of the said road, in the same manner; provided a written demand has been previously made upon the officer of said road living or having his place of business in the county where the claim arises; and said demand shall be made upon said officer thirty days before suit is commenced. Suits against M. B. R. R., how brought and where. SEC. II. Be it further enacted, That it shall be the duty of said officer to transmit the written demand forthwith to the commissioner, receiver, or other agent, having superintendence of said road, and that a statement, under oath, made by the plaintiff in said case, that he made said written demand upon said officer, shall be sufficient evidence of that fact, and shall be considered good and sufficient service upon said commissioner, receiver, or other agent, having the superintendence of said road. Authorities of railroad, how served with notice. SEC. III. Be it further enacted, That in all cases heretofore or hereafter brought against the said Macon and Brunswick Railroad, in which there has been or shall be hereafter a dismissal of the same, the renewal of said suits, heretofore or hereafter renewed within the time allowed by law, shall be deemed to be properly brought and served in such renewed suit, if served upon said commissioner,

Page 124

or commissioners, receiver, or other agent, having superintendence of the said road. Suits when dismissed, how renewed against said road. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879.

Page 125

TITLE XII. RAILROAD FREIGHT AND TARIFFS. ACT. Regulation of Freight and Passenger Tariffs. REGULATION OF FREIGHT AND PASSENGER TARIFFS. No. 269. An Act to provide for the regulation of railroad freight and passenger tariffs in this State, to prevent unjust discrimination and extortion in the rates charged for transportation of passengers and freights, and to prohibit railroad companies, corporations and lessees in this State from charging other than just and reasonable rates, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto; and to appoint commissioners, and to prescribe their powers and duties in relation to the same. WHEREAS, it is made the duty of the General Assembly, in artticle 4, paragraph 2, and section 1 of the Constitution, to pass laws from time to time to regulate freight and passenger tariffs; to prohibit unjust discriminations on the various railroads of this State, and to prohibit railroads from charging other than just and reasonable rates, and enforce the same by adequate penalties; therefore, Preamble. SECTION I. Be it enacted by the General Assembly of Georgia, That there shall be three Commissioners, appointed by the Governor, with the advice and consent of the Senate, to carry out the provisions of this Act, of whom one shall be of experience in the law, and one of experience in railway business. After the expiration of the terms of office of the Commissioners first appointed, the term of office of successors shall be six years; but, at the first appointment, one Commissioner shall be appointed for two years, one for four years, and one for six years. The salary of each Commissioner shall be twenty-two hundred dollars, to be paid from the Treasury of the State. Any Commissioner may be suspended from office by order of the Governor, who shall report the fact of such suspension, and the reasons therefor to the next General Assembly, and if a majority of each branch of the General Assembly declare that said Commissioner shall be removed from office, his

Page 126

term of office shall expire. The Governor shall have the same power to fill vacancies in the office of Commissioner as to fill other vacancies, and if, for any reason, said Commissioners are not appointed during the present session of the General Assembly, the Governor shall appoint them thereafter, and report to the next Senate, but the time until then shall not be counted as part of the term of office of said Commissioners, respectively, as herein provided. Said Commissioners shall take an oath of office, to be framed by the Governor, and shall not, jointly or severally, or in any way, be the holders of any railroad stock or bonds, or be the agent or employe of any railroad company, or have any interest in any way in any railroad, and shall so continue during the term of office; and in case any Commissioner becomes disqualified in any way, he shall at once remove the disqualification or resign, and on failure so to do, he must be suspended from office by the Governor, and dealt with as hereinafter provided. In any case of suspension the Governor may fill the vacancy until the suspended Commissioner is restored or removed. Railroad freight and passenger tariffs, appointment of commissioners for regulation of, etc. Vacancies in offices of commissioner, how filled. Oath of commissioner. Disqualification of commissioner and suspension from office. SEC. II. That said Commissioners shall be furnished with an office, necessary furniture, and stationary, and may employ a secretary or clerk at a salary of twelve hundred dollars at the expense of the State. The office of said Commissioners shall be kept at Atlanta, and all sums of money authorized to be paid by this Act out of the State Treasury shall be paid only on the order of the Governor. Provided, that the total sum to be expended by said Commissioners for office-rent, furniture and stationary shall, in no case, exceed the sum of five hundred dollars ($500.00), or so much thereof as may be necessary, per annum. Office and Secretary of commissioners. SEC. III. That from and after the passage of this Act, if any railroad corporation, organized or doing business in this State, under any Act of incorporation or general law of this State now in force, or which may hereafter be enacted, or any railroad corporation organized, or which may hereafter be organized under the laws of any other State, and doing business in this State, shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for the transportation of passengers or freight of any description, or for the use and transportation of any railroad car upon its track, or any of its branches thereof, or upon any railroad within this State which it has the right, license, or permission to use, operate or control, the same shall be deemed guilty of extortion, and, upon conviction thereof, shall be dealt with as hereinafter provided. Unreasonable charges for transportation of passengers and freight. SEC. IV. That if any railroad corporation as aforesaid shall make any unjust discrimination in its rates or charges of toll or compensation for the transportation of passengers or freights of any description, or for the use and transportation of any railroad car upon its said road, or upon any of the branches thereof, or upon

Page 127

any railroads connected therewith, which it has the right, license, or permission to operate, control or use, within this State, the same shall be deemed guilty of having violated the provisions of this Act, and upon conviction thereof, shall be dealt with as hereinafter provided. Unjust discriminations. SEC. V. That the Commissioners appointed as hereinbefore provided shall, as provided in the next section of this Act, make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State on the railroads thereof; shall make reasonable and just rules and regulations, to be observed by all railroad companies doing business in this State, as to charges at any and all points, for the necessary handling and delivering of freights; shall make such just and reasonable rules and regulations as may be necessary for preventing unjust discriminations in the transportation of freight and passengers on the railroads in this State; shall make reasonable and just rates of charges for use of railroad cars carrying any and all kinds of freight and passengers on said railroads, no matter by whom owned or carried; and shall make just and reasonable rules and regulations, to be observed by said railroad companies on said railroads, to prevent the giving or paying of any rebate or bonus, directly or indirectly, and from misleading or deceiving the public in any manner as to the real rates charged for freight and passengers; Provided, that nothing in this Act contained shall be taken as in any manner abridging or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State, and on which freight less than local rates on any railroad carrying the same are charged by such railroad, but said railroad companies shall possess the same power and right to charge such rates for carrying such freights as they possessed before the passage of this Act, and said Commissioners shall have full power by rules and regulations to designate and fix the difference in rates of freight and passenger transportation, to be allowed for longer and shorter distances on the same or different railroads, and to ascertain what shall be the limits of longer and shorter distances. Commissioners to make reasonable and just rates, prevent unjust discriminations. Proviso. SEC. VI. That the said Railroad Commissioners are hereby authorized and required to make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for the transportation of passengers and freights and cars on each of said railroads; and said schedule shall, in suits brought against any such railroad corporations wherein is involved the charges of any such railroad coporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation

Page 128

of passengers and freights and cars upon the railroads; and said Commissioners shall, from time to time, and as often as circ*mstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said Commissioners to cause publication thereof to be made for four successive weeks in some public newspaper published in the cities of Atlanta. Augusta, Albany, Savannah, Macon, Rome and Columbus, in this State; and after the same shall be so published, it shall be the duty of all such railroad companies to post, at all their respective stations, in a conspicuous place, a copy of said schedule for the protection of the people; Provided, that the schedules thus prepared shall not be taken as evidence, as herein provided, until schedules shall have been prepared and published as aforesaid, for all the railroad companies now organized under the laws of this State, or that may be organized at the time of said publication. All such schedules purporting to be printed and published as aforesaid, shall be received and held in all such suits, as prima facie the schedules of said Commissioners, without further proof than the production of the schedules desired to be used as evidence, with a certificate of the Railroad Commission that the same is a true copy of the schedule prepared by them for the railroad company or corporation therein named, and that the same has been duly published as required by law, stating the name of the paper in which the same was published, together with the date and place of said publication. Commissioners to make schedule rates. [Illegible Text] to be published. Proviso. SEC. VII. That it shall be the duty of said Commissioners to investigate the books and papers of all the railroad companies doing business in this State, to ascertain if the rules and regulations aforesaid have been complied with, and to make personal visitation of railroad offices, stations and other places of business for the purpose of examination, and to make rules and regulations concerning such examinations, which rules and regulations shall be observed and obeyed as the other rules and regulations aforesaid; said Commissioners shall also have full power and authority to examine all agents and employees of said railroad companies and other persons, under oath or otherwise, in order to procure the necessary information, to make just and reasonable rates of freight and passenger tariffs, and to ascertain if such rules and regulations are observed or violated, and to make necessary and proper rules and regulations concerning such examination, and which rules and regulations herein provided for shall be obeyed and enforced as all other rules and regulations provided for in this Act. Commissioners' duties and powers. SEC. VIII. That all contracts and agreements between railroad companies doing business in this State as to rates of freight and passenger tariffs shall be submitted to said Commissioners for inspection

Page 129

and correction, that it may be seen whether or not they are a violation of law or of the provisions of the Constitution, or of this Act, or of the rules and regulations of said Commissioners, and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State, shall be submitted to said Commissioners for inspection and approval, in so far as they affect rules and regulations made by said Commissioners, to secure to all persons doing business with said companies just and reasonable rates of freight and passenger tariffs, and said Commissioners may make such rules and regulations as to such contracts and agreements as may be then deemed necessary and proper, and any such agreements not approved by such Commissioners, or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers, shall be deemed, held and taken to be, violations of article 4, section 1, paragraph 4, of the Constitution, and shall be illegal and void. Commissioners to inspect and correct all contracts between railr'd companies. SEC. IX. That if any railroad company doing business in this State, by its agents or employes shall be guilty of a violation of the rules and regulations provided and prescribed by said Commissioners, and if, after due notice of such violation given to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person or corporation, as may be directed by said Commissioners, shall not be made within thirty days from the time of such notice, such company shall incur a penalty for each offense of not less than one thousand dollars, nor more than five thousand dollars, to be fixed by the presiding Judge. An action for the recovery of such penalty shall lie in any county in the State where such violation has occurred, or wrong has been perpetrated, and shall be in the name of the State of Georgia. The Commissioners shall institute such action through the Attorney-General or Solicitor-General, whose fees shall be the same as now provided by law. Penalty for violation of rules and regulations. Actions, through whom instituted. SEC. X. That if any railroad company doing business in this State shall, in violation of any rule or regulation provided by the Commissioners aforesaid, inflict any wrong or injury on any person, such person shall have a right of action and recovery for such wrong or injury in the county where the same was done in any court having jurisdiction thereof, and the damages to be recovered shall be the same as in actions between individuals, except that in cases of willful violation of law, such railroad companies shall be liable to exemplary damages; provided, that all suits under this Act shall be brought within twelve months after the commission of the alleged wrong, or injury. Injuries to persons, action for, where brought. Proviso. SEC. XI. That in all cases under the provisions of this Act the rules of evidence shall be the same as in civil actions, except as hereinbefore otherwise provided. All fines recovered under the provisions of this Act shall be paid into the State Treasury, to be used for such purposes as the General Assembly may provide.

Page 130

The remedies hereby given the persons injured shall be regarded as cumulative to the remedies now given by law against railroad corporations, and this Act shall not be construed as repealing any statute giving such remedies. Rules of evidence. SEC. XII. That the terms railroad corporation, or railroad company, contained in this Act shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad, in whole or in part, in this State, and the provisions of this Act shall apply to all persons, firms and companies, and to all associations of persons, whether incorporated or otherwise, that shall do business as common carriers upon any of the lines of railroad in this State, (street railways excepted) the same as to railroad corporations hereinbefore mentioned. Railroad corporation or railroad company, meaning of. Street Railroads excepted. SEC. XIII. That all railroad companies in this State shall, on demand, issue duplicate freight receipts to shippers, in which shall be stated the class or classes of freight shipped, the freight charges over the road giving the receipt, and so far as practicable shall state the freight charges over other roads that carry such freight. When the consignee presents the railroad receipt to the agent of the railroad that delivers such freight, such agent shall deliver the article shipped on payment of the rate charged for the class of freights mentioned in the receipt. If any railroad company shall violate this provision of the statute, such railroad company shall incur a penalty to be fixed and collected as provided in section nine of this Act. Duplicate freight receipts. SEC. XIV. That it shall be the duty of the Commissioners herein provided for, to make to the Governor semi-annual reports of the transactions of their office, and to recommend from time to time such legislation as they may deem advisable under the provisions of this Act. Semi-an'ual reports. SEC. XV. That said Railroad Commissioners, in making any examination for the purpose of obtaining information pursuant to this Act, shall have power to issue subp[oelig]nas for the attendance of witnesses by such rules as they may prescribe. And said witnesses shall receive for such attendance two dollars per day, and five cents per mile traveled by the nearest practicable route in going to and returning from the place of meeting of said Commissioners, to be ordered paid by the Governor upon presentation of subp[oelig]nas, sworn to by the witnesses, as to the number of days served and miles traveled, before the clerk of said Commissioners, who is hereby authorized to administer oaths. In case any person shall willfully fail or refuse to obey such subp[oelig]na, it shall be the duty of the Judge of the Superior Court, of any county, upon application of said Commissioners, to issue an attachment for such witness, and compel him to attend before the Commissioners and give his testimony upon such matters as shall be lawfully required by such Commissioners, and said court shall have power to punish

Page 131

for contempt, as in other cases of refusal to obey the process and order of such court. Commissioners' powers of, subpoena witnesses. etc. SEC. XVI. That every officer, agent or employee of any railroad company who shall willfully neglect or refuse to make and furnish any report required by the Commissioners, as necessary to the purposes of this Act, or who shall willfully and unlawfully hinder, delay or obstruct said Commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred, nor more than five thousand, dollars, for each offense, to be recovered in an action of debt in the name of the State. Penalty for refusing to furnish reports to commissioners, by officers, agents, etc., of railroad companies. SEC. XVII. That all laws militating against this Act are hereby repealed. Approved October 14, 1879.

Page 132

TITLE XIII. JUDICIARY. ACTS. County Courts. Fees of County Solicitors. Judge of City Court not to hold municipal office. Compensation of Auditors. Terms of Supreme Court. Motion for new trial, when entered on minutes. Effect of record of mortgages on third parties. Writs enjoining Sheriff's sales. Act of 1876, as to sale of trust property, amended. Judges of Superior Courts to charge Grand Juries as to [Illegible Text] Writ of Certiorari in appeal cases in Justice Courts. Sale of perishable property. Docket of fl. fas. Protection of citizens in proceedings requiring ball. Warrants vs. intruders and counter affidavits. Striking juries in civil cases [Illegible Text] misdemeanors. Probate of foreign wills. Recovery on plea of recoupment. Persons at interest may be made parties in certain cases. Assignees to give bond. Two or more judges may preside in bank or in sections. Requests to charge the jury. Prsetice in the Supreme Court. Proof of administration and guardianship. Foreclosure of chattel mortgages. Police Courts may fine or imprison. Appeals in Justice Courts. COUNTY COURTS. No. 252. An Act to define the jurisdiction, powers and proceedings of every County Court, and of the Judge thereof, and the qualifications and appointment of such Judge, and the force and effect of the process, judgment and decree of such Court; so as, in regard to such Courts and Judges, to establish the uniformity required by paragraph 1 of section 9, of Article 6 of the Constitution. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That every County Court in this State shall be a court of record, and have jurisdiction throughout the county, as follows: County court.

Page 133

1. The jurisdiction of the County Courts shall extend, in the county town, district, or districts, to all civil cases of contract or tort (save when exclusive jurisdiction is vested in the Superior Court (where the principal sum claimed, in cases of contract, or damages in cases of tort, does not exceed $300.00, and over the remainder of the county when the principal sum, as aforesaid, does not exceed $300.00, nor is less than $50.00. Jurisdiction in civil cases. 2. To try all offenses committed in the county for which the offender is not punishable capitally or by imprisonment in the penitentiary, which criminal jurisdiction shall be exercised as hereinafter set forth. In criminal cases. 3. The Judge of the County Court shall have all the powers enumerated in sections 294 and 295 of the Code of 1873; and all the powers of a Justice of the Peace, as to issuing warrants for criminal offenses, making preliminary examinations under warrants, and committing or binding over the accused to the proper court. Powers of judge. 4. The jurisdiction of the County Court shall be subject to, and regulated by, sections 3410, 3413, 3416 and 3417, and by all the sections from 3402 to 3409, inclusive, of the Code of 1873. Jurisdiction of court 5. When the Superior Court has first acquired jurisdiction of any misdemeanor, no County Court shall have jurisdiction thereof while it is pending in the Superior Court. SEC. II. Be it further enacted by the authority aforesaid, That the practice and modes of procedure in the County Court, and the effect of its proceedings, records and judgments shall be the same as in the Superior Court, from the filing of the original suit to the final process and proceedings to enforce judgment thereon, and upon claims, illegalities, or other defenses to the proceeding of the executions of the County Court, except as hereinafter provided. Practice same as in Superior Court. SEC. III. Be it further enacted by the authority aforesaid, That the trial and judgment in said Court shall be by the Court, without a jury, in all civil cases, and in all criminal cases, where a jury trial is not demanded by the accused, when called on to do so. Trial by the court in civil case and by jury in criminal cases. SEC. IV. Be it further enacted by the authority aforesaid, That said court shall hold monthly and quarterly sessions, the times of which shall be established by the judge thereof, advertising his appointment thereof weekly for four successive weeks in the paper wherein the county advertisem*nts are published, and in like manner he may change such times. But where the times of such sessions of any county court are now fixed by law or lawful authority they shall continue until changed under this Act. Session of, monthly and quartery. SEC. V. Be it further enacted by the authority aforesaid, That at the monthly sessions, said court may entertain jurisdiction of issues on distress warrants and of suits in which the amount of principal or of damages claimed does not exceed one hundred dollars, and at the quarterly sessions it shall have jurisdiction of issues on distress warrants and suits wherein such amount is not more than three hundred dollars, claims, illegalities, and other defenses to

Page 134

the proceeding of executions from said court shall be tried at such session as had jurisdiction of the suit whence the execution issued, or the amount of principal originally named in the execution. Jurisdiction at monthly and quarterly sessions. SEC. VI. Be it further enacted by the authority aforesaid, That in suits to the monthly session or term, the original petition shall be filed with the Clerk of the County Court fifteen days, and service thereof shall be made ten days before said session, and such cause unless continued, shall be tried at the first term after suit begun. Suits, how [Illegible Text] and tried. SEC. VII. Be it further enacted by the authority aforesaid, That when an affidavit of claim or illegality, or other defense to the proceeding of an execution shall be made, the case arising thereon shall not be as against the plaintiff in execution or his assignee forced to trial, until he or his attorney shall have had ten days notice of such defense being made, which notice shall state that the party defending has filed his defense to the proceeding of such execution, shall be signed by such defending party or his attorney, and its service proved as the service of notice to produce papers. Claim and illegality, how tried. SEC. VIII. Be it further enacted by the authority aforesaid, That when a criminal case is first called for trial, the defendant shall be asked by the Judge, whether he demands as a condition to trial, indictment or presentment by a grand jury; and, if he makes no such demand, the fact shall be entered of record, he shall then be asked whether he demands a trial by jury, and if he makes no such demand, that fact shall be recorded; and thereupon a written accusation shall be made out and proceedings shall be had thereon as in section 299 of the Code of 1873. Criminal cases, how tried. SEC. IX. Be it further enacted by the authority aforesaid, That should the defendant so demand indictment or presentment, that fact shall be recorded and he shall be committed, or bound over, to the next Superior Court, having due regard to the laws concerning bail in criminal cases; and thereupon the warrant, with an entry made thereon by the Judge, if such demand and of the fact of bail or of committal, with the bond if any, shall be forthwith transmitted to the office of the Clerk of the Superior Court, to be proceeded on then according to law. Prisoner demanding indictment, bailed or committed. SEC. X. Be it further enacted by the authority aforesaid, That if, after hearing the evidence on any criminal trial, it shall appear to said 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, as in the preceding section, transmitted to the Superior Court. Offence above jurisdiction, prisoner bailed or committed. SEC. XI. Be it further enacted by the authority aforesaid, That such indictments, or presentments, as may be transferred to the County Court by the Superior Court, shall be tried therein in the the manner herein set forth, except asking the defendant if he demands indictment or presentment. Cases transferred from Superior Court, how tried. SEC. XII. Be it further enacted by the authority aforesiad, That if

Page 135

any defendant in a criminal case shall demand a jury trial, it shall be promptly allowed him; and the procuring and impaneling of juries, and their service in the County Court, shall be regulated by section 298 of the Code of 1873. Jury trial, how regulated. SEC. XIII. Be it further enacted by the authority aforesaid, That said court may exercise its criminal jurisdiction at any session, monthly, or quarterly, and, for the trial of any criminal case, the court may sit at any time, after two days notice to the defendant, or immediately, if such notice is waived. Criminal cases, when tried. SEC. XIV. Be it further enacted by the authority aforesaid, That the County Court shall be held at the court house, or where the Superior Courts are usually held in the county; and shall have the same powers as to continuances and adjournments, which belong to the Superior Court. Court, where held. SEC. XV. Be it further enacted by the authority aforesaid, That in civil cases, the right of certiorari from the County Court shall be as provided in section 287, and the right of appeal as in section 286 of the Code of 1873; and in criminal cases the right of certiorari and all proceedings thereon shall be as in sections 301, 302, 303 and 309 of said Code. [Illegible Text] and appeal SEC. XVI. Be it further enacted by the authority aforesaid, That each County Court shall have a Judge, who shall be at least twenty-one years old, and have been, prior to appointment, a citizen of the county for at least two years, who shall be appointed and hold office, as now provided by law, and, if a member of the bar, shall be allowed his privileges, as to the practice of law, in any court except his own. He shall be the Clerk of his own court, but may, by order on the minutes appoint a deputy Clerk to be paid out of his compensation, on terms agreed on by them; which appointment shall be published once in the paper which publishes the county advertisem*nts. Judge, qualifications of. SEC. XVII. Be it further enacted by the authority aforesaid, That the county Judge shall keep his office and papers at the county site, advertising the place thereof as Sheriff's sales are advertised; he shall keep a docket of all civil cases, and one for all criminal cases before him or his court, with proper memoranda of the proceedings thereon; an execution docket, on which all executions issued from his court shall be stated, and entries made as required upon the Clerk's execution docket in the Superior Court; and a book of minutes in which all the proceedings of the court shall be kept, noting the distinction between the proceedings of the monthly and of the quarterly and of special sessions. All the pleadings and original papers in each case shall be carefully labelled and kept of file, but shall not be required to be recorded. Office of County Judge, when kept; dockets records, etc., required by him to be kept. SEC. XVIII. Be it further enacted by the authority aforesaid, That there may be a Bailiff of the County Court, appointed by the Judge, for and during his pleasure; according to the provisions of section 288 of the Code of 1873; and sections 289 and 290 of said

Page 136

Code are made applicable to said court and the officers named therein. Balliff of County Court, how appointed and duties of. SEC. XIX. Be it further enacted by the authority aforesaid, That sections 279, 280, 281, 296, 300, 315, 316, and 317 of the Code of 1873, are declared to be applicable to all County Courts. SEC. XX. Be it further enacted by the authority aforesaid, That in any County Court, which is not now provided by law with a regular Solicitor, the county Judge may, in any criminal case, appoint any member of the bar to act as prosecuting council; who, when so appointed, shall [Illegible Text] all the powers of a Solicitor as to such case, and shall be entitled to the same compensation for services so rendered, as now provided by law for the Solicitor of the County Court, or one acting as such. Solicitor of County Court, appointment, duty and compensation of. SEC. XXI. Be it further enacted by the authority aforesaid, That nothing in this Act shall be construed to establish a County Court where there is none, nor to abolish any County Court now existing, nor to repeal any local Act affecting the compensation of the officers of such Court; nor to take away from any County Court, or Judge, jurisdiction of any matter on which proceedings have begun before the passage of this Act, but such proceedings may be carried on to completion as if this Act had not been passed, and nothing in this Act contained shall be construed to repeal section 313 of the Code, in relation to the duties of the County Judge as to county business. Existing County Courts not affected. SEC. XXII. Be it further enacted, That no County Court shall be established in any county having a City Court. No County Court. SEC. XXIII. Be it further enacted by the authority aforesaid, That all laws, general or local, except as in this Act provided, by which jurisdiction or power is conferred on any County Court, or Judge; or whereby its proceedings or practice, or the force or effect of the process, judgment or decree of any such court is defined, and all laws in conflict with this Act, are hereby repealed. Approved October 13, 1879. FEES OF SOLICITORS OF COUNTY COURTS. No. 328. An Act to prescribe fees of Solicitors of County Courts, where the the same are not now provided by law: SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That in cases tried in the County Courts on a written accusation the County Solicitor, or the attorney appointed to prosecute cases in that court, shall be entitled to the same fees now allowed by law to Solicitor-Generals

Page 137

for the trial of like cases in the Superior Courts; the fees are to be paid as the fees of Solicitor-Generals are now paid, except that the County Judge instead of the Judge of the Superior Court shall approve the cost bill before the same is paid. In cases transferred from the Superior to the County Courts, and there prosecuted to trial by the County Solicitor or the attorney appointed to prosecute such cases in that court, the Judge of the Superior Court shall cause an equitable division of the cost to be made between the Solicitor-General and the County Solicitor, or the attorney appointed to prosecute in the County Court. What fees allowed solicitors of County Courts. Certain costs, how divided. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved October 15, 1879. JUDGE OF CITY COURT NOT TO HOLD ANY MUNICIPAL OFFICE. No. 232. An Act to make it illegal after January 15, 1880, for the Judge of any City Court in this State, to hold any municipaloffice or appointment in the city where such court is held. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after January 15, 1880, it shall be illegal for the Judge of any City Court in this State to also hold any mu nicipal office or appointment in the city where such court is held. Judge of City Courts disqualified for city offices. SEC. II. Be it further enacted, That all laws, general and special, in conflict herewith are hereby repealed. Approved October 4, 1879. COMPENSATION OF AUDITORS. No. 254. An Act to provide for the compensation of Auditors. SECTION I. Be it enacted, That in all cases whether in equity or common law, where an Auditor has been appointed, his compensa tion shall be determined by the court unless fixed by an agreement of the parties. In the event of such agreement the court shall enter a judgment in conformity thereto, in favor of the Auditor; where no such agreement is made, the court shall render a judgment in favor of the auditor fixing his compensation and determin

Page 138

ing, according to its discretion, in what proportion it shall be paid by the respective parties, or whether the whole shall be paid by one of the parties. Compensation of Auditor, how fixed. Judgment for same. Judge may fix portion to each party. SEC. II. Judgments rendered in pursuance of this Act may be enforced by separate executions issuing in the name of the Auditor. How enforced. Approved October 14, 1878. TERMS OF SUPREME COURT. No. 25. An Act to change the beginning of the terms of the Supreme Court. SECTION I. Be it enacted by th' General Assembly of the State of Georgia, that hereafter the terms of the Supreme Court shall begin on the second Monday in February, and the first Monday of September of each year. Supreme Courts, [Illegible Text] of. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. MOTIONS FOR NEW TRIALS WHEN ENTERED ON MINUTES. No. 311. An Act to provide that motions for new trials in the Superior Courts of this State, shall not be entered upon the minutes except by order of the presiding judge. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Clerks of the Superior Courts of this State shall not be required except by order of the presiding Judge, to enter upon the minutes of said courts motions for new trials in cases tried therein, but said motions shall be filed in office as other papers, and shall be recorded together with the other pleadings in said cases when the same are finally disposed of, as now required by law. Motions for new trials, how entered on minutes. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879.

Page 139

EFFECT OF RECORD OF MORTGAGES UPON THIRD PARTIES. No. 315. An Act to declare the effect upon third parties of the record of mortgages in certain cases. SECTION I. Be it enacted by the General Assembly of Georgia, That in all cases where a mortgage either upon realty or personalty is executed to secure the payment of money or other thing of value, and the same is not recorded as now provided by law, but such mortgage is renewed or re-executed, in every case of renewal or re-execution of a mortgage which has not been recorded, such mortgage shall operate as a lien upon the property of the mortgagor only as against the mortgagor himself and those having actual notice of such mortgage, except from the date of the record of such mortgage. Renewal of mortgage. Lien of. Against whom and what. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. [NOTE.Code, Sections 1956, 1957.] WRITS ENJOINING SHERIFF'S SALES. No. 222. An Act to regulate the practice in cases of writs enjoining Sheriff's Sales. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That writs of injunction may be issued by Judges of the Superior Court to enjoin sales by Sheriffs at any time before the sale takes place in any proper case made by the bill or application for injunction. Sheriff sales, how and by whom enjoined. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith are repealed. Approved October 8, 1879. ]NOTE.Rules of Court. Rules in Equity No. 1.]

Page 140

ACT OF 1876 AS TO THE SALE OF TRUST PROPERTY AMENDED. No. 325. An Act to alter and amend an Act, entitled an Act to make minors parties to proceedings in the Courts of this State, approved February 25, 1876, relative to the sale of Trust property, where minors are interested, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That so much of the Act, entitled an Act to make minors parties to proceedings in the Courts of this State, approved February 25th, 1876, as requires service of writs, bills, petitions, citations and other legal proceedings in the courts of this State to be perfected on minors under fourteen years of age, by delivering a copy thereof, to the father, or if none, to the mother of such minors; or if none, then to the person having the care and control of such minors, or with whom they may reside; or by whom they may be employed, be, and the same is hereby, repealed. Act requiring service of process, etc., to make minors parties repealed. SEC. II. Be it further 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 October 17, 1879. [Code, section 1821.] JUDGES OF SUPERIOR COURTS TO CHARGE GRAND JURIES IN REGARD TO CONVICTS. No. 302. An Act to require the Judges of the Superior Courts to give in charge to the Grand Jury in each county where a convict camp is located, all the laws respecting the inspection, management and control of the convicts of this State; to authorize the grand jury to appoint a Commission, composed of members of its own body and of other persons; to prescribe the duty of such Commission and of the Grand Jury; to require the grand juries to present any person, or persons, who may violate any penal statutes of this State relative to the management and control of the convicts, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act it shall be the duty of the Judges of the Superior Courts to give in special charge to the grand juries of each county where convict camps are located,

Page 141

and at each term of their respective courts, all laws now of force, or which may hereafter be passed, in relation to the inspection, management and control of the convicts of this State. Judges to charge grand juries in relation to convicts. SEC. II. Be it further enacted, That it shall be the duty of the foreman of the grand jury receiving the charge directed to be made under the first section of this Act, to appoint a committee of six citizens of the county, to be composed of three members from the grand jury of said county, and three intelligent and upright citizens of such county, whose duty it shall be to visit the convict camps located in such county at a day fixed by the foreman of such grand jury, and without notice to the lessees of the convicts, and to make a thorough inspection and investigation as to the sanitary condition, treatment and management of the convicts in such county, as also whether there has been violation of the laws of this State in relation to the convicts of the State located in such county, by the lessee, managers, guard, overseers, or any person having or exercising authority over said convicts, and to report in writing the result of such inspection and investigation to the grand jury at and during the term of the court in which they are appointed. Foreman to appoint committee of citizens. Committee, how composed. Duties of same. Results to be reported to grand jury. SEC. III. Be it further enacted, That it shall be the duty of the grand jury to whom the report is made under the second section of this Act, to act upon the same during the term of the court in which said report is received, to prosecute, or cause to be prosecuted, by presentment or indictment, all violations of the laws of this State in relation to the convicts of the State, and to make a full report upon the condition of the convict camps in their respective counties in their general presentments. Grand jury shall act on said report. Shall prosecute. Shall publish report. SEC. IV. Be it further enacted, That it shall be the duty of the Clerk of the Superior Court to forward to the Principal Keeper of the Penitentiary, or the office in which the convict records of the State are now or may be hereafter kept, a certified copy of so much of the general presentments of the grand juries of the county where convict camps are located as relate to the subject matter contained in this Act. Clerk's duty as to forwarding report. SEC. V. Be it further enacted, That it shall be the duty of the foreman of the grand jury appointing the Committee under the second section of this Act, and at the same term of the court, to appoint a Chaplain to the convict camp located in his county, whose duty it shall be to aid in reforming the moral character of the convicts, and who shall preach at least one sermon for the benefit of the convicts, and in the convict camps [Illegible Text] Sunday during his appointment, unless providentially prevented from so doing. Provided, there shall not be more than one Chaplain appointed for each county having a camp or camps within it. Chaplain, how and by whom appointed. Duty of chaplain. SEC. VI. Be it further enacted, That the Committee of Inspection appointed under the second section of this Act shall receive as compensation for their services, three dollars per diem for each

Page 142

day actually and necessarily engaged in said inspection; but nothing contained in this Act shall be so construed as to authorize the grand jurors appointed under the Act to receive or draw pay as grand jurors during the period of time they are engaged in such investigation, but the per diem of three dollars provided for in this Act shall be the compensation for the days actually engaged in such inspection as grand jurors. The pay of the Chaplain under this Act shall be three dollars for each Sunday devoted to preaching in the convict camps. Pay of commissioners. Grand jurors not to draw other pay during service as commissioners. Pay of chaplain. SEC. VII. Be it further enacted, That the compensation of the Committee appointed under this Act, as also that of the Chaplain, shall be paid out of the money received from the lease of convicts on an itemized account, audited and approved by the Judge of the Superior Court of the county where such services are rendered, which itemized account, when so certified and approved, shall be placed with the Comptroller-General for collection and be paid by Executive warrant on the convict fund aforesaid. Compensation of commissioners and chaplain, how paid. SEC. VIII. 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 October 18, 1879. WRIT OF CERTIORARI GRANTED IN APPEAL CASES IN JUSTICE COURTS. No. 248. An Act to authorize the granting of the writ of certiorari in all appeal cases tried by a jury in Justice Courts of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That on and after the passage of this Act, when either party is dissatisfied with the verdict of a jury in any appeal case, tried in the Justice Courts, such party may apply for and obtain a writ of certiorari, by petition to the Judge of the Superior Court in whose circuit the said Justice Court was held, in which petition he shall plainly and distinctly set forth the errors complained of, and all after-proceedings shall be under the same rules and regulations as are now established by law for the granting of writs of certiorari from Justice Courts in this State. Certiorari in appeals from Justice to Superior Court What petition shall contain. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 13, 1879.

Page 143

SALE OF PERISHABLE PROPERTY. No. 240. An Act to provide for the sale of property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping the same, when levied on by tax fi. fas. or fi fas. from County Courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, whenever a tax fi. fa. or County Court fi. fa. has been levied on property of a perishable nature, or that is liable to deteriorate in value from keeping, or that is attended with expense in keeping, the same may be sold under the provisions of section 3648 of the Code of 1873, except that in the case of County Court fi. fas., the County Judge shall order the sale. Sale of perishable property under tax fi. fas. Sale of same under fi. fas. from County Courts. SEC. II. Be it further 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 October 13, 1879. DOCKET OF FI. FAS. No. 201. An Act to repeal an Act, approved February 28, 1874, entitled An Act to require judgment creditors, in certain cases, to have their judgments recorded in the county of the defendant's residence, and, in lieu thereof, to require a proper docketing of the fi. fas. in such cases. SECTION I. Be it enacted, That the Act described in the title of this Act is hereby repealed. SEC. II. Be it enacted, That where a money judgment shall be hereafter rendered against any defendant who, at the time suit is begun, does not reside in the county where it is instituted, the property of such non-resident defendant, which is situated, at the date of the judgment, without such county, shall, so far as affects bona fide purchasers, for value, without actual notice of the judgment, not be bound by such judgment, unless the owner of such judgment shall, within three months from the final rendition of the judgment, have his fieri facias entered upon the execution docket in the office of the Clerk of the Superior Court of the county where such defendant resided at the date of the judgment. Non-resident plaintiffs. Executions.

Page 144

SEC. III. Be it enacted, That if any such judgment is so docketed after the three months specified in the foregoing section, the provisions of said section shall not apply to purchases made after such docketing. Effect of docketing execution. SEC. IV. Be it enacted, That all laws contrary hereto are repealed. Approved October 2, 1879. PROTECTION OF CITIZENS IN PROCEEDINGS REQUIRING BAIL. No. 44. An Act to protect the liberty of the citizen in proceedings requiring bail in actions for the recovery of personal property. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That when the defendant in any action for the recovery of personal property in which bail is required, shall by reason of his inability to give security, be held in imprisonment, it shall be lawful for him to make his petition in writing upon oath to the Judge of the court in which the suit is pending, in which he shall state that he is neither able to give the security required by law, nor produce the property, and can furnish satisfactory reasons for its non production, and traverse the facts stated in the plaintiff's affidavit for bail, of which petition he shall cause a copy to be served upon the plaintiff, whereupon it shall be the duty of such judicial officer in term time or vacation, after not less than five days notice of the time and place of hearing has been given to both parties, to proceed in a summary way, to hear evidence upon the facts contained in said petition, and if he shall find that the petitioner can neither give the security nor produce the property, and that the reasons for its non production are satisfactory, he shall discharge the petitioner upon his own recognizance, conditioned for his appearance to answer the suit, but otherwise he shall recommit him to custody. Defendant in case of bail, how released. Defendant's petition. Trial on petition. Trial to be summary. Evidence as to facts iu petition. SEC. II. Be it further enacted, by the authority aforesaid, That the action taken upon such petition shall not in any way affect the rights of the plaintiff upon the trial of the question of property involved in the suit, but the same shall be decided by the tribunal having jurisdiction thereof. Action on petition. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting herewith be, and the same are hereby, repealed. Approved August 11, 1879. [NOTE.Perry vs. McLendon, decided by Supreme Court, February 25, 1879.]

Page 145

WARRANTS VS. INTRUDERS AND COUNTER-AFFIDAVITS. No. 20. An Act to allow persons against whom warrants are sued out as intruders, or as tenant holding over, three days within which to file counter affidavits to such warrants, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That whenever a warrant shall be sued out, under existing laws, for the eviction of any person as an intruder, or as a tenant holding over, it shall be the duty of the officer in whose hands such warrant may be placed, to exhibit the same at once to the defendant, and to give him notice that after the expiration of three days (not counting Sundays or public holidays) said officer will proceed with the execution of such warrant, and unless a counter-affidavit, as provided by law, is filed with said officer within that time, and in case of tenants holding over, unless bond with good security, payable to the landlord, for the payment of such sum, with costs, as may be recovered against him on the trial of the case, shall at the same time be given by the tenant, as now required by law, it shall then be his duty to proceed forthwith, to execute said warrant. Warrant vs. intruder or tenant holding over, how enforced. SEC. II. Be it further enacted, That any officer violating the provisions of the first section of this Act, by failing to give the notice therein required, or by executing any such warrant as is therein named before the expiration of three days from the time of said notice, shall be deemed guilty of a trespass and liable, together with the sureties on his official bond, in damages to the defendant. Officer failing in duty. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. STRIKING JURIES IN CIVIL AND MISDEMEANOR CASES. No. 17. An Act to regulate the striking of Juries in civil cases, and in cases of misdemeanor, in the Superior Courts of this State. SECTION I. Be it enacted by the General Assembly of Georgia, That in all civil cases and cases of misdemeanor hereafter tried in the Superior Courts of this State, any party shall have the right to demand a full panel of twenty-four competent and impartial jurors from which to strike a jury, and where any one or more of the regular

Page 146

panel of traverse jurors is absent, or, for any reason, disqualified, it shall be the duty of the presiding Judge, at the request of counsel for any party, to cause said panel to be filled up by the tales jurors to the full number of twenty-four before requiring the parties, or their counsel, to strike a jury in such cases. Panel of 24 jurors in Superior Courts. How filled. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. PROBATE OF FOREIGN WILLS. No. 10. An Act to provide for the probate of foreign wills, and for the appointment and qualification of administrators in this State, to carry out the provisions of foreign wills when admitted to probate and record in this State. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this act, the Courts of Ordinary of the several counties of this State shall have jurisdiction, and authority, to take the probate of, and admit to record, the last wills and testaments of persons who have died, or who may hereafter die, in other States, leaving any real or other estate situated in this State, which estate is devised, bequeathed, or otherwise disposed of under the provisions of such foreign wills and testaments. Foreign wills may be admitted to probate. SEC. II. Be it further enacted by the authority aforesaid, That in cases where no executor resident in this State has been appointed by such foreign wills and testaments, or where the resident executor, or executors, named in such foreign wills and testaments, shall fail, or refuse to qualify, then, on the failure or omission of the nonresident executor or executors named in such foreign will, to make probate of and take out letters testamentary thereunder within twelve months from the death of the testator, the Courts of Ordinary of this State shall have jurisdiction and authority, upon the filing, in the Ordinary's office of the county in which any real or personal estate of a non-resident deceased person may be located, of a properly certified copy of such foreign will, together with a duly authenticated copy of the probate thereof, and of the judgment of the court admitting the same to record, in case such will shall, before that time, have been admitted to record in another State; to issue letters of administration with the will annexed on such foreign wills and testaments; and if such foreign will has not been admitted to record in the State where executed, then such

Page 147

Ordinary may admit to probate and record such foreign will, and issue letters of administration with such will annexed; Provided, that nothing in this Act shall authorize the appointment of such administrator in case of such foreign will, when a duly authorized and qualified administrator or executor, under the laws of another State, is willing to discharge, and does within twelve months from the testator's death, proceed to discharge, his duties concerning such property in this State, according to the laws now existing in this State as to foreign executors and administrators. Letters of administration with will an'exed Proviso. SEC. III. Be it further enacted by authority of the same, That the rules for the appointment and government of administrators, provided for in this Act, shall be the same as are now, or as may hereafter be, prescribed by the laws of this State, for the appointment and government of other administrators, with the will annexed. Rules for appointment and government under this Act to correspond with gener'l laws on this subject SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878. [Codesection 2433, Acts 1874, page 83.] RECOVERY ON PLEA OF RECOUPMENT. No. 38. An Act to permit parties defendant in all cases, where a plea of recoupment has been filed, to recover therein any damages proven in excess of the claim of the plaintiff. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, in all cases where, under the laws of this State, recoupment may be pleaded, if the damages of the defendant shall exceed, in amount, those of the plaintiff, the defendant shall in such cases recover of the plaintiff the amount of such excess. Recoupment, recovery on plea. SEC. II. And be it further 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 21, 1879.

Page 148

PERSONS AT INTEREST MAY BE MADE PARTIES IN CERTAIN CASES. No. 122. An Act allowing persons at interest to be made parties plaintiff in cases when a chose in action in suit is assigned as any part of a twelve months support, in the manner that represeutatives of estates are now made parties. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia, That when a party plaintiff shall die, pending a suit on any chose in action in any of the courts of this State, and the chose in action, the foundation of said suit, be assigned to the widow, or widow and children, or children only of decedent, as any part of a twelve months support, then the widow for herself, or for the use of herself and children, and in the event of children only, then a next friend for said children, may be made a party plaintiff to such action upon the same terms and in the same manner that administrators are made parties plaintiff to suits in favor of their intestates in this State, upon the submission by such person to the court of a certified copy of assignment, and the action shall proceed in the name of parties so made. Parties to chose in action. SEC. II. Be it further enacted, by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved September 10, 1879. ASSIGNEES TO GIVE BOND. No. 281. An Act to authorize creditors of any person making a voluntary assignment to compel the assignee to give security to discharge his trust, and for other purposes. SECTION I. The General Assembly do enact, That from and after the passage of this Act, all assignees, under voluntary deeds of assignment, shall, upon the application in writing, to the Judge of the Superior Court of the county of the assignee's residence, of one fourth in number, and one-third in amount, of the creditors of the assignor, or of any one creditor, upon showing cause therefor, be required to execute, within ten days, a bond payable to the Ordinary of the county and his successors in office, in a sum to be fixed by the Judge, conditioned to well and truly execute and perform the duties of the trust, which bonds shall be liable to be sued

Page 149

on by any creditor, and a recovery had to the amount of the breach thereof. Assi'nees of debtors compelled to give bond, when. SEC. II. Be it further enacted, That, upon default being made in executing the bond, the Judge shall appoint a successor, requiring from him the like security. Judge to appoint successor, in what cases. SEC. III. Be it further enacted, That if the allegation, as to the number, or amount, of the creditors, be disputed by the assignee, or issue joined as to the cause, the Judge shall hear evidence in a summary manner, and determine the question as to the concurrence of the necessary number of creditors, or the sufficiency of the cause, with the right to have a final hearing upon the facts by a jury, but that, until the same is determined by final judgment, the Judge shall prohibit the assignee from discharging any duties, and appoint a temporary receiver to discharge them. In case of dispute judge to hear evidence, etc. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. TWO OR MORE JUDGES MAY PRESIDE IN BANK OR IN SECTIONS. No. 183. An Act to declare and amend the laws of this State touching the jurisdiction and modes of procedure in the Superior Courts in certain cases, so far as relates to counties having therein a city of ten thousand or more inhabitants. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in all counties in this State having therein a city of ten thousand inhabitants, two or more Judges of the Superior Court may preside in bank; or said courts may be held in two or more sections at the same time, by different Judges, in any separate rooms in the court-house, or at the county-site, as may be convenient, under such regulations for the service of jurors, talesmen and officers, and for direction and notice to suitors, counsel and witnesses, and calling the dockets, as the Judge of the Circuit or, in his absence, the senior Judge in commission present may direct. Two or more judges of Superior Court may preside in bank, or in two or more sections. SEC. II. Be it further enacted, That the Clerk shall, by himself or his deputies, attend in each of said sections, and take knowledge of the proceedings, and enter the same on the book of minutes in such form as to show before which Judge or Judges such proceedings were had, respectively; and for all purposes or bills or exceptions, writs of error, or other subsequent action the record in the

Page 150

particular case, the rights and remedies of the parties shall stand as if the Judge who tried the case or made the decision was the only one presiding in the court. But if sitting in bank, the Judge of the Circuit or, in his absence, the senior Judge in commission, shall, for all such subsequent purposes, be the one authorized to act in behalf of the whole court. Clerk, duties of. SEC. III. Be it further enacted, That the powers conferred by this bill shall be used by the Judges discharging the duties in their sound legal discretion to facilitate and speed the trial of causes and clearing the dockets, but without working surprise, abridging any substantial right, or working any hardship or injustice. Discretion of judges. SEC. IV. Be it further enacted, That this Act shall embrace in its provisions all business, and all causes pending or which may be brought in said courts other than indictments for felonies, which latter are to be tried in the said Superior Courts in manner and form as heretofore practiced. All cases except felonies included within this Act. SEC. V. Be it further enacted That all laws and parts of laws in conflict with this Act are repealed, and so far modified as to harmonize with the same. Approved September 29, 1879. REQUESTS TO CHARGE THE JURY. No. 192. An Act to regulate the practice in the courts of this State as to requests to charge the jury. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That in the trial of causes in any of the courts of this State, either party or his counsel may make a written request to the court to charge the jury at any time before the jury retires, to consider of their verdict, and without submitting the same to the counsel of the opposite party. Requests to the court to charge the jury in writing may be made in any case, and at any time before beginning the charge. Requests to charge the jury, when and how made, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed. [Rule 5 of Rules of Court and Acts of 1877, page 13.]

Page 151

PRACTICE IN THE SUPREME COURT. No. 272. An Act to regulate the practice in the Supreme Court of this State. SECTION I. Be it enacted, by the Senate and House of Representatives of the State of Georgia, in General Assembly met, That from and after the passage of this Act, whenever the Supreme Court of this State may, from any cause, be unable to dispose of all cases on its docket for any term before the time fixed by law for the succeeding term to begin, it shall be lawful for said court to pass an order requiring counsel in all such cases to file their abstracts and briefs in the Clerk's office of said court on or before a certain day, prior to the succeeding term. Supreme Court, regulation of practice in. SEC. II. Be it further enacted, That all cases in which briefs may be filed as provided in the preceding section of this Act, shall be considered as heard at the term of said court to which returned, and shall be determined and the decisions therein announced by said court, so soon after said briefs are filed as may be practicable. Cases argued by brief, to be decided when. SEC. III. Be it further enacted, That should said court desire to hear additional argument to that submitted in said briefs, then, and in that event it shall be lawful for said court to pass an order requiring counsel to submit further argument by brief or in open court and at such time as may be prescribed in such order. Counsel to submit further argument when required by the Court. SEC. IV. Be it further enacted, That should counsel for plaintiff in error in any case fail to comply with any such order of said court, and no sufficient excuse be shown for non-compliance, such case shall be dismissed for want of prosecution. Cases to be dismissed when order of court not compiled with. SEC. V. 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 October 15, 1879. [Constitution Art. 6, Sec. 2, Paragraphs 6 and 7. Code Sections 4278-4280.] ADMINISTRATION AND GUARDIANSHIP. No. 286. An Act to extend the mode of proving administration, and guardianship, by making certified copy-letters testamentary and of administration, and guardianship, primary evidence. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, copies of letters testamentary and of administration and guardianship, shall be primary evidence of the fact of administration and guardianship to the same

Page 152

extent as the original letters; provided, such copy letters are duly certified to from the proper record of the proper officer. Administration and guardianship. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved October 16, 1879. FORECLOSURE OF CHATTEL MORTGAGES. No. 290. An Act to prescribe the manner of foreclosing certain chattel mortgages, and to confer jurisdiction on Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any person having a mortgage on personal property to secure a debt not exceeding one hundred dollars principal, and desiring to foreclose the same may himself, his agent or attorney, make affidavit of the amount of principal and interest due on such mortgage, which affidavit shall be annexed to such mortgage; and when such mortgage, with such affidavit annexed thereto, shall be filed with any Justice of the Peace, or Notary Public, who is ex-officio Justice of the Peace in the county where the mortgagor resides, if a resident of this State, or if not a resident of this State, then in the county where such [Illegible Text] property may be, it shall be the duty of such magistrate to issue an execution, directed to all and singular the Constables of this State, commanding the sale of the mortgaged property to satisfy the principal and interest, together with the costs of the proceedings to foreclose said mortgage. [Illegible Text] mortgages manner of foreclosing. Affidavit to be filed with Justice of the Peace for [Illegible Text] Public. SEC. II. Be it further enacted by the authority aforesaid, That when the execution mentioned in the preceding section shall be delivered to a Constable, it shall be his duty to levy on the mortgaged property wherever it may be found, and after advertising the same, giving full description of the property to be sold, and the process under which he is proceeding, by written advertisem*nt at three or more public places in the district where the defendant resides, for thirty days next preceding such sale, he shall put up and expose to sale said property as herein provided: Provided such sale shall be had within the legal hours of sale on a regular court day, and at the usual place of holding Justice Courts for said district; the said Constable shall put up and expose said property to sale at the time and place, and in the same manner as now govern at Constable's sales. Constable, duty of, when execution is delivered; to advertise, etc. Proviso.

Page 153

SEC. III. Be it further enacted by the authority aforesaid, That such mortgagor may avail himself of any defense he may have to such foreclosure, in the same manner and upon the same conditions as now allowed by law in case of foreclosure of chattel mortgages in the Superior Courts; and whenever any such defense is filed by such mortgagor, the magistrate issuing such execution shall have power and jurisdiction to hear and determine the issues made thereon as in other cases at law. Mortgagor may avail himself of any defense he has at law. SEC. IV. Be it further 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 October 16, 1879. [NOTE.Code, Section 3971.] POLICE COURTS MAY FINE OR IMPRISON. No. 37. An Act to authorize the police courts, in the cities, towns and villages of this State, to impose sentences or judgments in the alternative, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, all the police courts of this State, having authority to try offenses against the laws of the cities, towns and villages, in which such courts are located, shall have power and authority to impose fines upon persons convicted of said offenses, with the alternative of other punishment allowed by law, in case said fines are not paid. Police Courts may impose flues and other penalties in the alternative. SEC. II. Be it further enacted, That all laws and parts of laws, in conflict with this Act be, and the same are hereby, repealed. Approved July 21, 1876. APPEALS IN JUSTICE COURTS. No. 31. An Act to carry into effect article 6, section 7, paragraph 2, of the Constitution of this State, as to appeals in Justice Courts and there from. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in any civil case in a Justices Court, either party dissatisfied with the judgment of the Justice, may, as of right, enter an appeal to a jury in said court, under the same rules as now regulate appeals to the Superior Court: Provided, that by

Page 154

consent of parties, such a case may be passed to the appeal, before judgment of the Justice, without giving bond for the eventual condemnation money. Appeals in justices courts. SEC. II. Be it further enacted, by the authority aforesaid, That where the sum claimed exceeds fifty dollars, the law of appeals from a Justice Court to the Superior Court, shall be the same as contained in the Code of 1873: Provided, that in any case referred to in the first and second sections of this Act. appeals in forma [Illegible Text] may take place under such regulations as now exist for appeals in forma pauperis, and subject to such laws as may be passed concerning proceedings in forma pauperis. Where [Illegible Text] involved exceeds $50. Appeals in forma pauperis. SEC. III. Be it further enacted, by the authority aforesaid, That all appeals shall be tried before the Justice of the Peace or Notary Public, or both, and five jurors drawn, impanelled and sworn as follows, to-wit: The Justice of the Peace, in each district, shall once in every two years, make out a list of all persons liable to serve as jurors in the Superior Court, who may reside in their respective districts, and shall write their names on separate pieces of paper and deposit them in a box, marked No. 1. Said Justices, or one of them, in public, on a court day, in conjunction with a Constable, shall, if an appeal is pending, or notice thereof given, draw, after shaking the box well, five names therefrom, which names after being recorded on a book, shall be deposited in a box, marked No. 2. After all the names are drawn from box No. 1, then the drawing shall commence from box No. 2, and so on alternately. The jurors so drawn shall try the causes pending in the appeal in said courts and shall be summoned by the Constable of the district or other lawful officer, at least five days before the court at which they are called upon to serve, and if there should be a deficiency of jurors at the trial, the Constable by discretion of the court, shall complete the jury by talesman. Appeals, by whom tried. Jurors, how drawn. Jurors how summoned. Talesmen to supply vacancies in jury. SEC. IV. Be it further enacted by the authority aforesaid, That the following oath shall be administered to the jury, to-wit: You shall well and truly try the causes, depending between the parties at variance, and true verdict give according to equity and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge, without favor or affection to either of the parties, provided the case or cases submitted shall not be withdrawn from your consideration, so help you God! Oath of jurors SEC. V. Be it further enacted by the authority aforesaid, That in all cases where the Justice of the Peace, at the regular term of the court, shall, from any cause fail to draw a jury, it shall be lawful for said Justice in conjunction with the Constable, or any two freeholders at any time, to draw a jury who shall serve on being summoned as aforesaid. Jurors, how drawn at call term. SEC. VI. Be it further enacted by authority aforesaid, That said Justices of the Peace shall have power to impose fines and issue executions against all defaulting jurors who refuse to obey the

Page 155

summons without a good legal excuse. Said fine shall not exceed five dollars, and shall be collected by the Constable, unless the absentee by next court files his excuse under oath, or makes it in open court, to be passed upon in either case by the Justice of the Peace. Justices may impose fine. SEC. VII. Be it further enacted by the authority aforesaid, That in all cases tried in the Justice Court, either party shall have the right of review in the Superior Court by writ of certiorari. Writ of certiorari. SEC. VIII. Be it further enacted by the authority aforesaid, That in no case where an appeal shall have been entered from the decision of a Justice of the Peace to a jury in Justice Court, shall there be an appeal from the verdict of such jury to the Superior Court. No appeal allowed in Justice Court to Superior Court. SEC. IX. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 156

TITLE XIV. MISCELLANEOUS. ACTS. Penalty for illegal voting, etc. Limitation of Attorney-General's compensation. Publication and sale of Supreme Court Reports, etc. Manner of letting contracts for public buildings, etc. Encouragement of immigration. Prevention of cruelty to children. Suppression of obscene literature. Reports of Supreme Court, etc., furnished certain counties. Lawful fences for certain purposes defined. To prevant burning of gin-houses. Choice of arbitrators in certain cases. Libraries and certain other organizations chartered. Privileges of purchasers of railroads. Organization of chain-gangs for misdemeanor convicts. Agents of insurance companies defined. Penalty for failure of banks to pay deposits. One physician to be appointed Trustee of Lunatic Asylum. Exemptions from jury duty. Counties may establish and maintain a system of drainage. Corporations created by Superior Courts. Driving diseased cattle into healthy districts. Vacancies, how filled, in office of Governor. City jurisdiction over lanes, alleys, etc. Influencing Governor or heads of Departments prohibited. Notice of application for local legislation. To avoid obstractions to passage of fish in rivers of this State. Sale of unclaimed freight by common carriers. Change of fiscal year. To provide for the better distribution of the laws. Land [Illegible Text] to the United States. Comptroller-General authorized to administer oaths. Insolvent tax lists. Transfer of tax executions to be recorded. To establish line between Georgia and North Carolina. Prevention of cruelty to animals. Rate of interest. Compensation of Secretary of Senate and Clerk of House. Re-survey of county lines. [Illegible Text] Toccoa River a navigable stream. To improve Savannah River. Fines and forfeitures, how paid and disbursed. Pay of jurors in Justice Courts. Pay of jurors and bailliffs. Fees of Justices and Notaries in appeal cases.

Page 157

PENALTY FOR ILLEGAL VOTING, ETC. No. 282. An Act to amend section 4569 of the Code of 1873, which provides a punishment for buying or seiling, offering to buy or sell, or being concerned in buying or selling, a vote, and for voting unlawfully at any election in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4569 of the Code of 1873, which provides a punishment for buying or selling, offering to buy or sell, or being concerned in buying or selling a vote, and for voting unlawfully at any election in this State be, and the same is hereby amended, so that said section shall read as follows: Any person who shall hereafter vote at any such election, who has not resided in this State one year next preceding such election; or who has not resided six months next preceding said election in the county in which he has so voted; or who has not paid all taxes, which, since the adoption of the present Constitution of this State, have been required of him previous to the year in which said election occurs, and which he has had an opportunity of paying agreeably to law; or who has been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malpractice in office, bribery or larceny; or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such person shall have been pardoned, shall be indicted and on conviction shall be punished as prescribed in section 4310 of this Code. Section 4569 of the Code amended; illegal voting. Who not entitled to vote. Penalty. SEC. II. Be it further 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 October 16, 1879. LIMITATION OF ATTORNEY GENERAL'S SALARY. No. 316. An Act to prohibit the charging, demanding or receiving, any fee, perquisite or compensation other than his salary, by the Attorney General of this State, and to prescribe a punishment therefor, carrying out paragraph 1, section 13, article 6, of the Constitution of this State, adopted December 5, 1877, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not

Page 158

be lawful for the Attorney General of this State to charge, demand or receive, any fee, perquisite or compensation, other than his salary, in any case in which the State is a party, or in any manner interested, which case has arisen, or been commenced, since the adoption of the Constitution of 1877, or which may hereafter arise or be commenced. Attorney general not to take fees additional to salary. SEC. II. Be it further enacted by the authority aforesaid, That any Attorney General violating the provisions of the above section, shall be guilty of extortion, and upon conviction thereof, shall be imprisoned in the penitentiary for any time not less than two, nor more than twenty years, and shall moreover be removed from office, and forever disqualified from holding any office of honor, profit or trust in this State. Extortion. Penalty for. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. PUBLICATION AND SALE OF SUPREME COURT REPORTS AND SALARY OF REPORTER. No. 338. An Act to regulate the publication and sale of the Supreme Court Reports and to fix the salary of the Reporter. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Supreme Court reports of this State shall be published by, and at the expense of, the State, in the manner hereinafter pointed out. Reports to be published by the State. SEC. II. Be it enacted by the authority aforesaid, That it shall be the duty of the Supreme Court Reporter to estimate the number of Supreme Court reports that will probably be demanded by the public, in addition to the number required by the State, and file a report of said estimate in the Executive office immediately upon the preparation of any given volume of the reports for the press; and in said report to the Governor, he shall state the quantity of matter which the forthcoming volume of the reports contains: provided, that arguments of counsel shall not be published in such reports. Reporter to estimate number demanded. Report of estimate to be filed in Executive Office. SEC. III. Be it enacted by the authority aforesaid, That the printing and binding of said Supreme Court reports, shall be done upon the terms and in the manner that other State printing is done, and the printing, paper and binding shall be similar in style to that now used in the publication of said reports. Printing and binding as other public printing. SEC. IV. Be it enacted by the authority aforesaid, That the Governor shall ascertain the cost to the State, per volume, of the whole edition of any given volume of the reports published, which

Page 159

shall, in no case, be less than one thousand copies, and notify the State Librarian of the cost per volume; and the State Librarian is hereby authorized and required to sell to the public, for cash only, the portion of the reports allotted for that purpose, at the actual cost to the State, and deposit each day the money thus received in the State Treasury before the expiration of the business hours of that department: Provided, also, that until six months from the issuance of any volume, the Librarian shall sell only one copy thereof to the same purchaser; and provided further, that after the expiration of such period, the Librarian under the direction of the Judges of the Supreme Court, may exchange such copies, as are not likely to be sold, for reports of the highest courts of other States, or such other law books as said Judges may select, and upon such terms as they may direct. Governor's duties in the matter. Duties of Librarian. Judges Supreme Court may direct exchange of Georgia reports. SEC. V. Be it enacted by the authority aforesaid, Thut the duties of the Supreme Court Reporter shall remain as now provided by law, except so far as they may be changed by this Act; and he shall also furnish the printer the manuscript of the decisions, read the proof, and carefully correct the same, and furnish for each volume a correct and carefully prepared index, and that said reporter shall receive for his services a salary of two thousand dollars per annum, and no other perquisite or emolument whatever. Duties of Reporter of Supreme Court. Salary of Reporter. SEC. VI. Be it further enacted by the authority aforesaid, That the copyright of said reports shall belong to the State. Copyright of reports. SEC. VII. Be it further enacted by authority aforesaid, That this Act shall not go into effect until after the present term of the present incumbent of the office shall have expired. When this Act shall go into effect. SEC. VIII. Be it further 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 October 20, 1879. MANNER OF LETTING CONTRACTS FOR PUBLIC BUILDINGS. No. 172. An Act to regulate the manner of letting out contracts to build or repair public buildings, bridges, causeways, or other public works in the several counties of this State; and to prevent any officer whose duty it is to make such contracts in behalf of the county, from receiving any pay, profit or fee arising out of any such contract, or from having any personal interest therein, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, whenever it becomes necessary to build or repair any court-house, jail,

Page 160

bridge, causeway, or other public works in any county in this State, the Ordinary, Commissioners of Roads and Revenues, or other officer having charge of the roads, revenues and public buildings of such county, shall cause the same to be built or repaired by letting out the contract therefor to the lowest bidder, at public outcry, before the court-house door (or at the place where the Sheriff of the county holds his regular sale.), after having advertised the letting out of said contracts, as hereinafter provided. Public buildings works, etc., manner of letting out contracts for the several counties of this State. SEC. II. Be it further enacted by the authority aforesaid, That whenever the contract is likely to cost a sum greater than five thousand dollars, the proper officer shall give notice in the public gazette wherein the Sheriff's sales are advertised, for once a week for eight weeks, and by posting a written notice at the court-house door for a like time, which notice and advertisem*nt shall embrace such details and specifications as will enable the public to know the extent and character of the work to be done, and the terms and time of payment. When the work to be done is likely to amount to less than five thousand dollars, the notice shall be published as prescribed in this section, once a week for four weeks, and by posting notice as aforesaid for the same period; and it shall further be the duty of such officer to make out and post conspicuously in his office, complete and minute specifications of the proposed public work, or works, which shall be open to the inspection of the public. Notice of contract to be published by proper officer. SEC. III. Be it further enacted by the authority aforesaid, That contractors who are awarded contracts under this Act, shall be required to give bond in double the amount of the bid, with two good and solvent securities for the faithful performance of the contract, and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time. And it shall be unlawful to let out any contract for building or repairing any public building, bridge, or other public work, unless the provisions of this Act are complied with; and any contractor doing, or having done, any work of the kind in any other manner shall not be entitled to recover any pay therefor: Provided, that the requirements of this Act shall not apply to the building or repairing of any public bridge, building, or other work, when the same can be done at a less cost than one hundred dollars, but such officer may have such work of building or repairing done by hiring hands and furnishing materials. Contractors, bonds of, etc. Proviso. SEC. IV. Be it further enacted by the authority aforesaid, That if any Ordinary, Commissioner of Roads and Revenues, or other officer having charge of the roads and revenues and buildings of the county, shall let out any contract for building or repairing any public work, as hereinbefore mentioned, without complying with this Act; or if any one of the aforesaid officials shall receive, take, or contract to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he shall

Page 161

be deemed guilty of malpractice in office, and, upon conviction therefor, shall be punished as is prescribed by the law in other cases of malpractice. Ordinary or officer having charge of buildings, etc., penalty for malpractice in office. SEC. V. Be it further 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 September 29, 1879. ENCOURAGEMENT OF IMMIGRATION. No. 313. An Act to encourage Immigration to Georgia, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the Governor shall appoint, subject to the approval of the Senate, a suitable person to be known as the State Land and Immigration Agent. Said agent shall, by advertising, by the dissemination of correct information as to our soil, climate, productions and resources, by the arrangement of special rates of transportation between the cities of the North and West, and of Europe, to this State, and by such other methods as the Governor may approve, invite and encourage immigration, including co-operative colonization. Governor to appoint State land and immigration agent. Governor to approve acts of. SEC. II. Be it further enacted, That said Agent may appoint a Secretary to assist him in performing the clerical duties of his office. He may also appoint Agents at suitable points, subject to the approval of the Governor. Agent may appoint secretary and agents. SEC. III. Be it further enacted, That it shall be the duty of the Agent of Land and Immigration to keep in his office a register of lands for sale in Georgia, and the names of persons who desire to purchase lands or secure employes or employment in Georgia, in the manner and on the terms hereinafter provided. Register of lands for sale. SEC. IV. Be it further enacted, That any citizen of Georgia may register in the office of the Commissioner any lands owned by him or her in the State, giving an abstract of the titles to the said land, with a condensed description of the same, on payment of a fee of three dollars to the Agent of Land and Immigration for each separate tract or parcel of land so registered: Provided, an abstract to the titles of said lands, bearing the seal of the Clerk of the Superior Court of the county in which said lands lie, shall be filed in the office of the Commissioner, and the fees for such registration shall be paid before such registration is made. Citizens of Georgia may register lands. Titles to bear seal of Clerk of Superior Court. SEC. V. Be it further enacted, That any person desiring to purchase lands, to secure employes or employment as a skilled laborer in Georgia, may register his or her name, with a statement of his or her wants in the office of the Agent of Land and Immigration,

Page 162

on the payment of a fee of one dollar to said Commissioner. Who may register and for what. SEC. VI. Be it further enacted, That as soon as the amount received from such fees shall justify it, the said Agent shall issue circulars or pamphlets, truthfully and concisely setting forth the inducements to immigrants to buy or lease lands and settle in the State singly, in families or colonies, and shall distribute said circulars and pamphlets in such number and manner as will best promote the objects of this Act. Circulars, etc., to be issued when. Nature of circulars. SEC. VII. Be it further enacted, That the said Agent shall keep in his office an accurate account of all moneys received for registration, and report to the Governor at the end of each quarter, and to the Legislature biennially at each regular session, the amount thus received. The expense of registration, printing and mailing said circulars, shall be paid out of the fees received for registration, and from no other source. Accounts to be kept. Expenses of circulars to be paid from fees. SEC. VIII. Be it further enacted, That the offices of said Agent of Immigration shall be located in Atlanta, Georgia, and the city of New York. Offices of agent where located. SEC. IX Be it further enacted, That all laws or parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 17, 1879. PREVENTION OF CRUELTY TO CHILDREN. No. 342. An Act for the prevention of cruelty to children. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That any person whatever, who shall sell, apprentice, give away, or let out, or otherwise dispose of, any child under twelve years old, to any person, for the vocation, occupation, or service of rope or wire walking, begging, or as a gymnast, contortionist, circus rider, acrobat or clown, or for any indecent, obscene or immoral exhibition, practice or purpose whatever, shall be guilty of a misdemeanor, and punishable under section 4310 of the Code of Georgia; and whoever, under such selling, apprenticing, or letting out, shall receive and use such child, for any of the purposes herein condemned, shall be guilty and punishable in like manner. Selling, hiring or apprenticing childdren for objects prohibited. Persons violating Act, guilty of misdemeanor. SEC. II. Be it further enacted, Whenever any child under the age aforesaid, shall be brought before the Ordinary of the county of such child's residence, upon the sworn allegation of any citizen, that such child was found under circ*mstances of destitution and suffering, or abandonment, exposure, or of begging, or that such child is being reared up under immoral, obscene, or indecent influences

Page 163

likely to degrade its moral character and devote it to a vicious life, and it shall appear to such Ordinary by competent evidence, including such examination of the child as may be practicable, that by reason of the neglect, habitual drunkenness, lewd, or other vicious habits of the parents or guardians of such child, it is necessary to the protection of such child from suffering or from degradation, that such parents or guardians shall be deprived of the custody of such child, such Ordinary may commit such child to any orphan asylum or other charitable institution established according to law in this State which is willing to receive such child, or to appoint a proper guardian therefor, or make such other disposition of them as now is, or may hereafter be, provided by law in cases of disorderly, pauper, or destitute children. Duty and power of Ordinary for protection of children. SEC. III. Be it further enacted, Whoever shall torture, torment, deprive of necessary sustenance, mutilate, cruelly, unreasonably and maliciously beat or ill treat, or cause to be tortured, tormented, deprived of necessary sustenance, mutilated, cruelly, unreasonably and maliciously beaten, or ill treated, any child, shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in section 4310 of the Code of Georgia. Cruelty to children, how punished. Approved October 20, 1879. SUPPRESSION OF OBSCENE LITERATURE. No. 326. An Act to suppress and prevent the introduction, exhibition, circulation or use in this State, of obscene literature and of indecent prints, pictures and other objects of immoral use or tendency therein defined. To prevent and suppress obscene writings or drawings in public places; to make the same penal, and to punish therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That if any person shall bring, or cause to be brought, into this State for sale or exhibition, or shall sell or offer to sell, or shall give away or offer to give away, or having possession thereof, shall knowingly exhibit to another any indecent pictorial newspaper tending to debauch the morals, or any indecent or obscene book, pamphlet, paper, drawing, lithograph, engraving, daguerrotype, photograph, picture, or any model, cast, instrument or article of indecent and obscene use, or shall advertise any of said articles or things for sale, by any form of notice, printed, written or verbal, or shall manufacture, draw or print, any of said articles, with intent to sell or expose, or to circulate the same, such person so offending shall be guilty of a misdemeanor, and on

Page 164

conviction thereof, shall be punished as provided in section 4310 of the Code of this State. [Illegible Text] publications, etc. [Illegible Text] to introduce or distribute. SEC. II. Be it further enacted, That if in a public place, on any fence or wall or other surface contiguous to the public street, or on the floor or ceiling, or on the inner or outer wall of any closet, room, passage, hall or any part of any hotel, court-house, church, school, station house, depot for freight or passengers, capitol or other buildings devoted or open to other or like public uses, or on the walls of any out-building or other structure pertaining thereto, and frequented by the users thereof, any person shall make or cause to be made, any obsence drawing or picture, or obscene writing or print, liable to be seen of others passing or coming near the same, such person so offending, shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 4310 of the Code of this State. Spreading obscene pictures, etc., on walls, etc., misdemeanor. Approved October 18, 1879. SUPREME COURT REPORTS FURNISHED CERTAIN COUNTIES. No. 305. An Act to authorize and require the Governor to furnish to counties whose court-houses have been burned, and the new counties of Douglas, Dodge, McDuffie, Rockdale and Oconee, certain copies of Supreme Court Reports of this State, Code of Georgia, and standard weights and measures where the same have been destroyed. SECTION I. Be it enacted by the General Assembly of Georgia, That in all cases where court-houses have been burned in this State, and any portion or all of the copies of the Supreme Court Reports of this State, Code of Georgia, and the standard weights and measures, therein contained, have been destroyed, and the new counties of Douglas, Dodge, McDuffie, Rockdale and Oconee, who have not received their full compliment of said books and standard weights and measures, the Governor is hereby authorized and required to replace said Supreme Court Reports and Codes, as far as practicable, from the State Library; and, also, to supply such counties with standard weights and measurers, to be kept and used as the law directs. Certain counties to be supplied with Supreme Court reports, Code, standard weights and measures. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 18, 1879.

Page 165

LAWFUL FENCES FOR CERTAIN ENCLOSURES DEFINED. No. 304. An Act to make certain enclosures, therein defined, lawful fences, and to extend to the same existing provisions of law on the subject of lawful fences. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the following enclosures shall be deemed and held to be lawful fences, and shall entitle the persons whose lands are so enclosed, to the same protection and remedies that they would be entitled to have if their lands were enclosed in accordance with now existing laws of this State on the subject of lawful fences, to-wit: Any enclosure made by stretching not less than four horizontal strands of barbed wire tightly between posts, firmly set in the ground, or between growing trees, not more than twenty feet apart; the topmost wire to be not less than four feet and a half from the ground, the bottom wire not less than six inches, and the next to the bottom wire not less than sixteen inches from the ground; Provided, that fences constructed as herein provided shall be lawful fences only as to cattle horses and mules. Lawful fence as to cattle, horses and mules. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. TO PREVENT BURNING OF GIN-HOUSES. No. 223. An Act to amend an Act entitled an Act to prevent the burning of gin-houses in this State, by offering a reward for the apprehension of incendiaries, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That the above recited Act, which requires the Governor to offer a reward of not less than five hundred dollars for the apprehension of the incendiaries of gin-houses be, and the same is hereby amended, by striking out all of the first section of said Act, and inserting in lieu thereof the following: The Governor of this State, whenever he receives reliable information that any gin-house in this State has been unlawfully burned, or set on fire, shall offer a reward of not less than two hundred and fifty, nor more than five hundred dollars for the apprehension of the incendiary or incendiaries with

Page 166

proof sufficient to convict, and in no event shall said reward be paid until after the conviction of such offender or offenders. Burning of gin-houses, reward for incendiaries. SEC. II. Be it further enacted, That all laws conflicting herewith be, and the same are hereby, repealed. CHOICE OF ARBITRATORS IN CERTAIN CASES. No. 319. An Act to provide for the choice of arbitrators in cases of disagreement upon returns of corporations, companies, persons [Illegible Text] institutions, required by law to make returns for taxation to the Comptroller General, and of assessment by the Comptroller General. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever the Comptroller General shall be dissatisfied with a return for taxation required by law to be made to him by any corporation, company, person or institution, and shall make an assessment which is not satisfactory to the officer or person making such return, and two arbitrators are chosen, one by the Comptroller General and the other by said officer or person, and if said arbitrators fail to select an umpire within thirty days after receiving notice of their appointment, it shall be the duty of the Governor to appoint two arbitrators, who with the arbitrator selected by said officer or person representing the corporation, company or institution, shall determine the question of amount or value, as the case may be, and their award shall be final. Property returned for taxes, how valued in certain cases. Arbitrators. How selected. Award final. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. LIBRARIES AND CERTAIN OTHER ORGANIZATIONS CHARTERED. No. 249. An Act to provide for the incorporation of library and other literary, charitable or social organizations, which have no capital stock, and are not organized for individual pecuniary gain. SECTION I. Be it enacted. That library and other literary charitable, or social organizations, which have no capital stock and are not organized for individual pecuniary gain, may be incorporated under the provisions of an Act entitled An Act to repeal section

Page 167

1677 of the Code, and in lieu thereof, to provide for the granting and amending of charters for schools, academies, colleges, and churches, approved December 16, 1878, all of whose provisions are hereby made applicable to the corporations first aforesaid. [Illegible Text], etc. organizations without capital. SEC. II. Be it enacted, That all laws contrary hereto are repealed. Approved October 13, 1879. PRIVILEGES OF PURCHASERS OF RAILROADS. No. 2. An Act to confer additional powers and privileges upon purchasers of railroads, under the provisions of an Act entitled an Act to enable the purchasers of railroads to form corporations, and to exercise corporate powers, and to define their rights, powers and privileges, assented to February 29, 1876, by giving to said purchasers, time to finish roads where the same are incomplete. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That in case a railroad be held by the purchasers thereof which is incomplete, the said purchasers, or their assigns, shall, upon compliance with the above named Act, have the right to complete the said railroad, within three years from the passing of this Act, according to the terms of the original charter, to the rights, privileges and immunities of which the said purchasers have been subrogated: Provided nevertheless, that no railroad company operating under the provisions of this Act shall have any claim on the State of Georgia, for State aid as a vested right, or any right to exemption from taxation. Purchase of unfinished railroads, rights etc. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved December 5, 1879. ORGANIZATION OF CHAIN-GANGS FOR MISDEMEANOR CONVICTS. No. 88. An Act to authorize and provide for the organization of chain-gangs for misdemeanor Convicts in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That when any county or incorporated city, town or village, having organized, or determined to organize, a chain-gang, to

Page 168

work misdemeanor convicts on its roads, streets, or other public works, such county or municipal corporation may lodge demands for such convicts with the Clerk of any court having jurisdiction to try misdemeanors, and such Clerk shall file the same, noting date of receipt by him. Chain-gang of [Illegible Text] convicts. SEC. II. Be it further enacted, That when any person shall be convicted of a misdemeanor and sentenced to work on the public works, in chain-gangs or otherwise, such convicts shall be turned over and delivered to the county or municipal corporation having the oldest unfilled demand on file with the Clerk aforesaid, unless the county in which such conviction is had, shall have, within its own limits, an arrangement for working such convicts on the public works of the county, or some municipal corporation thereof, in which case such convicts may be retained and worked in that county. To be turned over to county or municipal corporations having oldest unfilled demand. SEC. III. Be it further enacted, That it shall be illegal for the county authorities in which such convictions may be had, to demand or receive from any other county or any municipal corporation any bonus, fees or compensation, for the turning over or delivery of such convicts as provided in this Act. County authorities shall not demand or receive fees for delivery. SEC. IV. 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 20, 1879. AGENTS OF INSURANCE COMPANIES DEFINED. No. 205. An Act to define who are Agents of Insurance Companies not incorporated by or under the laws of this State, and to fix their liability when acting without authority of law. SECTION I. The General Assembly of Georgia do enact, as follows: That any person who solicits Insurance in behalf of any Insurance Company, not organized under, or incorporated by, the laws of this State, or who takes or transmits other than for himself, any application for insurance, or any policy of insurance, to or from such company, or who advertises or otherwise gives notice that he will receive or transmit the same, or who shall receive or deliver a policy of insurance of any such company, or who shall examine or inspect any risk, or receive, collect or transmit any premium of insurance, or make, or forward any diagram of any building or buildings, or do or perform any other act or thing in the making or consummating of any contract of insurance for or with any such insurance company, other than for himself, or who shall examine into, or adjust, or aid in adjusting any loss for, or in behalf of, any such insurance

Page 169

company, whether any of such acts shall be done at the instance or request, or by the employment of such insurance company, or of or by any broker or other person, shall be held to be the agent of the company for which the act is done or the risk is taken, and subject to all the duties, requirements, liabilities and penalties, as are now or may hereafter be imposed by law, and in article three, section twelve, paragraph one, two and three, of the Constitution of Georgia of 1877. Who shall be deemed agents of insurance companies not incorporated in this State. SEC. II. Be it further enacted, That any person who shall do or perform any of the acts, or things mentioned in the preceding section, for any insurance company not organized under, or incorporated by the laws of this State, without such company having first complied with the requirements of the laws of this State, or having received the certificate of authority from the Comptroller General of this State, as required by law, shall be guilty of a misdemeanor, and on conviction by any court of competent jurisdiction, shall be punished under the provisions of section 4310 of the Code of Georgia, and shall also pay a sum equal to the State, county and municipal taxes and licenses, required to be paid by insurance companies or agencies, not organized under, or incorporated by, the laws of this State, doing business in this State. Persons acting as such agents, illegally, how punished. SEC. III. Be it further enacted, That whenever any person shall do or perform any of the Acts mentioned in the first section of this Act, for or in behalf of any such insurance company, such company shall be held to be doing business in this State, and shall be subject to the same taxes, State, county and municipal as in surance companies not organized under or incorporated by the laws of this State, and doing business in this State by agent or otherwise, are subject; the same to be assessed and collected as taxes are assessed and collected against such companies, and such person so doing or performing any of such acts or things shall be personally liable for such taxes. Liable for taxes, etc. SEC. IV. Be it further enacted, That any person who shall do any of the acts mentioned in the first section of this Act for or in behalf of any such insurance company, without such company has first complied with the requirements of the laws of this State, shall be personally liable to the holder of any policy of insurance in respect of which such act was done for any loss covered by the same. Agents liable to policy holders. SEC. V. Be it further enacted, That all laws and parts of laws militating or in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved Oct. 3, 1879.

Page 170

PENALTY FOR FAILURE OF BANKS TO PAY DEPOSITS. No. 236. An Act to make it a felony in certain cases for the officers of any bank, or company, or individual doing a banking business in this State, where such bank, or company, or individual fails to pay deposits. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, where money is deposited on general deposit with any bank in this State, or with any company, or individual doing a banking business in this State, and such bank, or company, or individual is insolvent at the time, and such insolvency is known to the officers having charge or control of such bank, or company, or to such individual, and such bank, or company, or individual, shall fail to pay to the depositor, or person entitled thereto, within three days after demand therefor, the said deposit, or deposits, then such individual, or such officers having charge or control of such bank, or company, who, with the knowledge aforesaid, so received such deposits and so failed to pay the same, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the penitentiary for any time not less than one year nor more than ten years. Individuals or officers of any company or corporation receiving deposits, when insolvent, [Illegible Text] of felony on [Illegible Text] to pay depositors. How punished. SEC. II. Be it further enacted, That all laws in conflict with this Act are repealed. Approved October 13, 1879. ONE PHYSICIAN TO BE APPOINTED TRUSTEE OF LUNATIC ASYLUM. No. 348. An Act to require the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall be the duty of the Governor to appoint a competent physician as one of the Board of Trustees of the Lunatic Asylum. Governor shall appoint a physician on Board of Trustees of Lunatic Asylum. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879.

Page 171

EXEMPTIONS FROM JURY DUTY. No. 130. An Act to exempt from jury duty ministers of the Gospel, physicians, apothecaries, school teachers, millers, ferrymen, certain railroad employes, all male persons over sixty years old, all telegraph operators, and certain firemen. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, all ministers of the Gospel engaged regularly in discharging ministerial duties, all physicians and apothecaries in the practice of their profession, school teachers engaged in teaching school, millers and ferrymen engaged in their occupation, all railroad employes whom the superintendent of a railroad shall certify to the Judge are necessary and are actually engaged in the work of running railroad trains, all male persons over sixty years old, all telegraph operators, and officers and members of each fire company in this State to the number of twenty-five, doing active duty as firemen, whose names shall be filed in the office of the Clerk of the Superior Court by the secretary of such company, on or before the first day of January of each year, shall be exempt from all jury duty, civil and criminal; but nothing herein contained shall be construed to work a disqualification of any of the classes herein named, or to exclude them from the jury box. Exempt from jury duty, who are. Persons exempted, not disqualified. SEC. II. 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 September 17, 1879. COUNTIES MAY ESTABLISH AND MAINTAIN A SYSTEM OF DRAINAGE. No. 79. An Act to authorize each and every county in this State to establish and maintain a system of drainage, and to ratify established systems. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That each and every county is hereby authorized and empowered, whenever the constituted authorities thereof shall judge the same to be proper, to establish and maintain a system of drainage of the whole or any part of the low land thereof, and for that purpose to acquire the right of way and other easem*nts necessary for the construction of the canals, ditches, dams, drains, trunks, and other appurtenances incident to such a system. Maintain a system of drainage. May acquire right-of-way.

Page 172

SEC. II. Be it further enacted by the authority aforesaid, That the right of way may be acquired from the land-owners with their consent for the consideration of the benefits conferred on them by the drainage established. Consideration for right-of-way. SEC. III. Be it further enacted by authority of the same, That whenever a county has already established a system of drainage, and for that purpose acquired easem*nts and made constructions of the character herein specified, the action of such county, and grants of easem*nts made to it, are hereby ratified and made valid as completely as if the same had been done and made after the passage of this Act. Drainage heretofore established made valid. SEC. IV. Be it further enacted by authority of the same, That all laws and parts of laws conflicting herewith be, and the same are hereby, repealed. Approved August 27, 1879. [Constitution, Article 1, See. 3, Par. 1.] CORPORATIONS CREATED BY SUPERIOR COURTS. No. 86. An Act to prescribe the manner of creating corporations by the courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Superior Courts of this State shall have power to create corporations, except for banking, insurance, railroad, canal, navigation, express and telegraph companies. Corporations created by Superior Courts. SEC. II. Be it further enacted, That the manner of creating corporations by the Superior Courts shall be as prescribed in section sixteen hundred and seventy-six (1676) of the Code of Georgia of 1873, and the Acts amendatory thereof: Provided, that this Act shall not apply to the incorporation of associations of churches, and shall not repeal, or affect an Act, approved December 16, 1878, entitled an Act to repeal section sixteen hundred and seventy-seven of the Code, and in lieu thereof to provide for the granting and amending of charters for schools, academies, colleges and churches. Proviso. SEC. III. 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 28, 1879.

Page 173

DRIVING DISEASED CATTLE INTO HEALTHY DISTRICTS. No. 68. An Act to prevent the driving or grazing of diseased, cattle into places other than those where the cattle are diseased, and to fix a penalty for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any person or persons who shall knowingly drive or move for the purpose of grazing any cattle having the disease known as murrain, or having any other distemper or infectious disease, to any place or places in this State, other than those places or localities where the cattle at the time are so diseased, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in section forty-three hundred and ten (4310) of the Revised Code of Georgia. Diseased cattle, driving of into healthy [Illegible Text] prohibited. Penalty. SEC. II. Be it further 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 26, 1879. VACANCIESHOW FILLED IN OFFICE OF GOVERNOR. No. 35. An Act to provide for the filling of vacancies that may occur in the office of Governor. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, That whenever a vacancy shall occur in the office of Governor by death, resignation, or otherwise, it shall be the duty of the President of the Senate, or Speaker of the House of Representatives, as the case may be, exercising the Executive powers of the Government, as provided by the eighth paragraph of the first section of the fifth article of the Constitution of this State, to issue his proclamation, immediately upon his assumption of the duties of the Executive, ordering a special election for Governor to fill the vacancy so occasioned for the unexpired term, to take place at a time not less than thirty, nor more than sixty days from the date of such proclamation; and shall convoke the General Assembly in extra session to receive the returns and declare the result of such special election, or to elect a Governor in case no person shall receive

Page 174

a majority of the whole number of votes cast at such special election, as provided in the Constitution of this State; said extra session of the General Assembly to convene within fifteen days from the date of such special election: Provided nevertheless, that if such vacancy occurs within six months next preceding the time prescribed by law for the regular election for Governor, there shall be no special election, but the President of the Senate, or Speaker of the House of Representatives, as the case may be, shall exercise the Executive powers of the Government until such vacancy is filled by a regular election. Vacancy in office of governor how filled. General Assembly to be convoked. Should no candidate receive a majority, General Assembly to elect. SEC. II. 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 22, 1879. CITY JURISDICTION OVER LANES, ALLEYS, ETC. No. 7. An Act to authorize incorporated cities in this State to permit the enclosure of lanes or alleys in such cities, when owners of the lots abutting on such lane or alley, sought to be secluded, consent. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the municipal authorities of any incorporated city in this State are hereby authorized to permit the enclosure of any lane, or alley, or portion of a lane or alley in such city, when the owners of the lots abutting on such lane or alley, or portion of the lane or alley, sought to be secluded, and the owners of any other lots to the enjoyment of which access, through said lane or alley is necessary, consent: provided, that said municipal authorities may have the right at any time to re-open said lane or alley. Lanes or alleys of a city how closed and re-opened. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 175

INFLUENCING THE GOVERNOR AND HEADS OF DEPARTMENTS' PROHIBITED. No. 111. An Act to make it a felony, and punishable as prescribed therein, for any official, or clerk or employe of any official of any or either of the Departments of the State Government, to receive or contract to receive, any money, fee, reward or other thing of value, in consideration of, or for influencing, or attempting to influence, or procuring or attempting to procure, any other person or persons to influence, or attempt to influence, the Governor of this State, or the head of any or either of the Departments of the Government of this State, in the discharge of any official duty of any or either of them; and then to actually influence, or attempt to influence, or procure, or attempt to procure, any other person to influence or attempt to influence the Governor of this State, or the head of any or either of the Departments of the Government of this State, in the discharge of any official duty of any or either of them. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, if any official or clerk or employe of any official of any or either of the Departments of the Government of this State, shall receive, or contract to receive, any money, fee, reward, or other thing of value, in consideration of, or for influencing, or attempting to influence, or procuring, or attempting to procure, any other person or persons to influence or attempt to influence the Governor of this State, or the head of any or either of the Departments of the Government of this State, in the discharge of any official duty of any or either of them, and shall actually so influence or attempt to influence, or shall procure or attempt to procure any other person or persons to influence, or attempt to influence, said Governor, or the head of any or either of said Departments of the Government of this State, in the discharge of any official duty of any or either of them, such official, clerk or employe so offending, shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary, for not less than one nor more than twenty years. A felony for influencing or attempting to influence the Governor or heads of Departments. Penalty. SEC. II. Be it further 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 September 10, 1879.

Page 176

NOTICE OF APPLICATION FOR LOCAL LEGISLATION. No. 1. An Act to prescribe the manner of giving notice of an intention to apply to the Legislative for the passage of local and special bills. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the notice of an intention to apply for the passage of a local or special bill shall be given in the following manner, to-wit: the title of the bill shall be published once in the newspaper in which the Sheriff's sales are advertised, and shall be posted at the door of the court-house in the county or counties of the residence of the person or persons, natural or artificial, to be effected thereby, or in which the locality or municipality is situated, thirty days before the introduction of such bill in the House of Representatives: Provided, that where there is no newspaper published in the county where local legislation is asked, that notice of said bill shall be published in the paper where Sheriff's sales are published, and in all notices to be published under this Act, it shall not be lawful for any newspaper to charge more than one dollar per square for said notice, and in case of refusal to publish at said rates, then a publication in any other newspaper having a circulation in the county where the local legislation is desired, shall be sufficient. Local or special bill, notice of intention for passage of how given. In counties where no newspaper is published. Cost of publication. SEC. II. Be it further enacted by the authority aforesaid That the production of the newspaper dated thirty days prior to the introduction of such bill into the General Assembly, containing the notice required by this Act, with the certificate of the Ordinary that the notice has been posted, shall be sufficient evidence that such notice has been given in accordance with the requirements of the Constitution. Evidence that such notice has been given. SEC. III. 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 December 3, 1878. TO AVOID OBSTRUCTIONS TO PASSAGE OF FISH IN RIVERS OF THIS STATE No. 11. An Act to keep open, remove and prevent obstructions to the free passage of fish in the waters of all rivers and months of creeks in this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act it shall not

Page 177

be lawful for any person or persons to construct, erect, or place in the waters of any river, or mouth of any creek, in this State, any dam, trap, net, seine, or other device for catching fish, unless the main channel of such stream is left open for a space of ten feet at low water-mark, unobstructed for the free passage of fish up or down such stream. Obstructing streams prohibited. SEC. II. 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 on conviction in any court having jurisdiction of like offenses in any of the counties through which such stream passes, shall be punished as prescribed in section 4310 of the Code of Georgia of 1873; and all persons in the territory of such obstructions shall have full authority to break and open any dam, net, or other obstruction now in such waters, or that may hereafter be placed in them, for the space of ten feet at low water-mark, so as to fully carry out the first section of this Act: Provided, that nothing herein contained shall be so construed as to interrupt dams that are now, or that may hereafter be made, for milling or manufacturing purposes. Violation of this Act a [Illegible Text] Penalty Removal of obstructions Proviso. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 10, 1878. SALE OF UNCLAIMED FREIGHT BY COMMON CARRIERS No. 16. An Act to authorise the sale by common carriers of all freight unclaimed, and the deposit in bank of the net proceeds of sale, to await the claim of the owners, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever any person, natural or artificial, exercising the right of transportation for hire in this State, shall transport to the place designated for its delivery any property, and the same cannot be delivered according to the terms upon which said carrier has agreed to carry it within six months from and after the time of arrival of such property at the place of delivery, then and in that case it shall be lawful for such carrier to sell for cash said property at public auction at such place as may be designated by such carrier, after having duly advertised the time, place and terms of sale once a week for four weeks in some newspaper published, or having a general circulation, in the county wherein such sale is proposed to be made; and the proceeds of sale shall be applied in the first place to the payment of all charges of carriage due to such carrier,

Page 178

together with all expenses incident to such sale, and the advertisem*nt thereof; and then the residue, if any, of the proceeds be deposited in some convenient State or national bank, located in this State, to be selected by the carrier. Common carrier may [Illegible Text] goods not delivered. Sale cash, at public auction. Time, place and terms of sale to be advertised. Proceeds of sale how applied. SEC. II. Be it further enacted, That whenever the property so transported and not delivered is live freight, the same may be sold as hereinbefore provided on five days' notice; and whenever the property is fruit, vegetables, fresh meat, or other articles of an immediately perishable nature, the same may be sold as hereinbefore provided on twenty-four hours' notice. In any case provided for by this section, the carrier will give the notice in such manner as the carrier, in the exercise of good faith, and with a view to making the best sale, shall determine; but in every such case, notice in a newspaper circulating or published at the place of sale, or personal notice to either the consignor or consignee of such freight, for the time for which such notice is required to be given, shall be deemed and held sufficient. Sale of live stock and perishable goods. What noticesufficient. SEC. III. Be it further enacted, That upon the deposit in bank of the net proceeds of sale, the entry of such deposit shall show the names of both consignor and consignee, and the deposit shall not be drawn out [Illegible Text] by the consent of both, or on the judgment or order of a court having jurisdiction in the premises. Deposits of proceeds of sale, how made and how drawn [Illegible Text] SEC. IV. Be it further enacted, That on compliance with the provisions of this Act, such carriers shall be relieved from all liability as to the safe keeping of such freight after transportation, and also as to the proceeds of sale. Liability of carrier. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. CHANGE OF FISCAL YEAR. No. 18. An Act to change the fiscal year so that the same shall begin on the first day of October, and end on the thirticth day of September, of each year. SECTION I. The General Assembly of the State of Georgia do enact, That the fiscal year in this State shall commence on the first day of October, and end on the thirtieth day of September, of each year; and that the beginning of the present fiscal year shall be the first day of October, 1878; and that all the public officers of this State shall keep their official accounts, and make and publish annually their official reports in accordance with this change in the fiscal year. Fiscal year, [Illegible Text] and end. Duties of officers of State. SEC. II. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878.

Page 179

TO PROVIDE FOR THE BETTER DISTRIBUTION OF LAWS. No. 19. An Act to provide for the people to be better supplied with the laws of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That of the five hundred reserved copies of the laws of this State hereafter to be deposited with the State Librarian, according to section 1050 of the Code, four hundred shall be held by said Librarian for sale to the people of this State, any citizen thereof having the right to buy one copy at the actual cost thereof, and said Librarian, upon being so requested, shall send by mail to any such citizen a copy of said laws, upon prepayment of the postage thereon and the price. Public laws, 400 copies to be sold. One copy to any citizen at cost. SEC. II. Be it further enacted by the authority aforesaid, That the Librarian, at the end of every six months, shall pay all moneys received from the sale of said laws to the State Treasurer, taking his receipt therefor, and immediately after such payment report to the Governor in writing the number of copies sold, and when and to whom, and the sum so paid to the Treasurer, with the date of such payment. Librarian to pay over the proceeds of sale every six months to Treasurer. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved December 16, 1878. LAND CEDED TO THE UNITED STATES. No. 47. An Act to [Illegible Text] to the United States of America certain land in the Savannah river opposite co*ckspur Island, and the jurisdiction over the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all the right, title and interest the State of Georgia has, or may have, in or to a square part or parcel of oyster-bed in the Savannnah river, opposite co*ckspur Island, described as follows, viz.: commencing southwesterly from Oysterbed Light House, at low water-mark of Savannah river, at a point on the extended line of the northwesterly face or side of said Light House, near its base, and running thence along said line in a northeasterly direction two hundred feet; thence at right angles to said line in a northwesterly direction two hundred feet; thence at right angles to the

Page 180

line last aforesaid in a southwesterly direction two hundred feet, and thence at right angles to the last above-mentioned line in a southeasterly direction two hundred feet to the point of beginningin all, forty thousand (40,000) square feet; and likewise the exclusive jurisdiction to and over the same be, and the same is hereby, conveyed and ceded to, and vested in, the United States of America forever. Land [Illegible Text] to the United States. [Illegible Text] and bounds. Exclusive jurisdiction [Illegible Text] to and [Illegible Text] in United States. Approved August 14, 1879. COMPTROLLER GENERAL AUTHORIZED TO ADMINISTER OATHS. No. 65. An Act to authorize the Comptroller General to administer oaths. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, the Comptroller-General be, and he is hereby, authorized to administer oaths to all persons, in like manner as Judges of the Superior Courts and Justices of the Peace. Comptroller-General authorized to [Illegible Text] oaths. SEC. II. And be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved August 23, 1879. INSOLVENT TAX LISTS. No. 34. An Act to prescribe the manner of allowing insolvent lists of Tax Collectors. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, insolvent lists of Tax Collectors shall, alone, be allowed by the Ordinary, County Judge, Commissioners of Roads and Revenue, or other tribunals authorized by law, except grand juries, upon a return of the tax execution, with entry of proper legal officer of no property. Insolvent tax list allowed only when execution is returned with entry. SEC. II. Be it further enacted by the authority aforesaid, That said official tribunals can, and shall, if they have reason from any cause to suspect the return of the returning officer to be incorrect in any particular, cause such fi. fa. to be sent out again for collection. If return for any cause be suspected, fi. fa. [Illegible Text]

Page 181

SEC. III. Be it further enacted by the authority aforesaid, That before any officer named in this section shall allow any insolvent list, the officer in whose hands the tax fi. fas. have been placed for collection, shall make oath that he has made every effort in his power to collect the same, and that he verily believes the tax payers on said list have no property out of which the tax can be collected. Insolvent lists, how allowed. SEC. IV. Be it enacted further 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 22, 1879. TRANSFER OF TAX EXECUTIONS REQUIRED TO BE RECORDED. No. 26. An Act to require transferees of tax executions issued prior to February 20, 1875, to have their executions recorded, and fixing the time when they must be placed upon record and to destroy the lien of such executions as against transferred property in the hands of third parties, when this Act has not been complied with. SECTION I. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That all tax executions issued prior to February 20, 1875, now in the hands of transferees or that may hereafter be transferred to third parties, and that have not been recorded in accordance with the Act of February 20, 1875, shall be entered within six months after passage of this Act, on the execution docket of the Superior Court of the county in which the same was issued; and if the same was issued against a person or property residing or located in a different county, then also in the county of such person's residence, or where such property is located. And in default thereof such executions shall lose their lien upon any property which has been transferred bona fide, and for a valuable consideration before the record and without notice of the existence of such execution or executions. Tax transfers of, when and where recorded. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1879. [Act of [Illegible Text] required transferee to record fi. fa. within thirty days of transfer.]

Page 182

TO ESTABLISH LINE BETWEEN GEORGIA AND NORTH CAROLINA. No. 52. An Act to establish the State line between Georgia and North Carolina so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, and to provide for the survey of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the State line between Georgia and North Carolina so far as the same is the line between Rabun county, in Georgia, and Macon county, in North Carolina, be established by a survey, and that said line be carefully and distinctly marked; said survey to commence at the corner between Georgia and South Carolina, at the point where the Chattooga river intersects with the thirty-fifth parallel of north latitude, and to run west on said line, or parallel of north latitude, towards the place called Nickajack, until the western boundaries of Rabun county, in Georgia, and Macon county, in North Carolina, are reached. Survey of State line between Rabun Co., Ga., and Macon Co., N. C., provided for. Where to begin; how to run; where to terminate. SEC. II. Be it further enacted, That the Governor of Georgia be, and he is hereby, authorized to appoint a Commissioner on the part of Georgia, to co-operate with a Commissioner on the part of North Carolina, to be appointed by the Governor of that State. Governor of Georgia to appoint a commissioner. SEC. III. Be it further enacted, That said Commissioners, when appointed, shall be authorized to employ some competent surveyor upon whom they can agree, and chain-carriers, and shall proceed to survey said line in the first section of this Act named, and when said survey is thus made, it shall be the duty of said Surveyors and Commissioners to make an accurate and correct plat of the same, duly certified by said Commissioners, copies of which shall be filed, one with the Clerk of the Superior Court of Rabun county and one in the office of the Secretary of State of this State, in both of which offices it shall be recorded. A transcript from said record in the Clerk's office of Rabun, duly certified, [Illegible Text] the record itself, shall be evidence in any court in said county, and a transcript from said record in the Secretary of State's office shall be evidence in any of the courts of this State, where the true line between said States is in issue. Powers and duties of [Illegible Text] SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 18, 1879.

Page 183

PREVENTION OF CRUELTY TO ANIMALS. No. 352. An Act for the prevention of cruelty to animals, and to repeal all existing laws on said subject, to wit: The Act entitled an Act for the Prevention of Cruelty to Animals, approved March 1, 1875, and an Act to alter and amend an Act for the Prevention of Cruelty to Animals, approved March 23, 1876. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That every person who shall set on foot or instigate, or promote, or engage in, or do anything in furtherance of any act of cruelty to any domestic animal, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment in the common jail of the county for a period not exceeding fifteen days, or by a fine not exceeding one hundred dollars, or by such fine and imprisonment, both at the discretion of the court. Cruelty to animals penalty for. SEC. II. Be it further enacted, That any person finding any domestic animal abandoned and not properly cared for, may apply to any Justice of the Peace of the county, who may summarily decide whether such is abandoned and also glandered, or otherwise diseased, or injured past recovery, hearing evidence and giving notice to the owner, if known, whenever such notice can be given without defeating the objects of this section, which objects are declared to be primarily the putting an end speedily to the suffering of hopelessly diseased and disabled animals, and such Justice of the Peace may, on such hearing, authorize the destruction of such animals: Provided, That such authorization shall not defeat the owners claim against the person destroying or procuring the destruction of such animal for any pecuniary damage that such owner may have sustained by such destruction. Justice of the Peace to decide what disposition to be made of diseased and injured animals. Proviso. SEC. III. Be it further enacted, That upon complaint on oath or affirmation to any magistrate, authorized by law to issue warrants in criminal cases, that the affiant has just and reasonable cause to suspect that any of the provisions of law for the prevention of cruelty to animals are being violated, or are about to be violated in any particular building or place, such magistrate shall immediately issue and deliver a warrant to any one authorized by law to make arrests in criminal cases, authorizing and requiring him to enter and search such building or place and to arrest any person there present, found violating any of said laws, and to bring such person before the nearest or most accessible magistrate of competent jurisdiction, to be dealt with according to law. Magistrates authorized to issue warrants for arrest of persons violating these provisions. SEC. IV. Be it further enacted, That all fines collected in any county of this State, under the provisions of this Act, shall inure one half to the public school fund of the county, and the other half

Page 184

to any Society whose object is, or shall be, the prevention of cruelty to animals, which is now, or hereafter may be, incorporated by proper authority in this State, and whose officer or agent has prosecuted the case in which the fine is imposed; and where the prosecutor is some person other than such agent or officer, then half of the fine shall be paid into the county Treasury. Fines, disposition of. SEC. V. Be it further enacted, That in this Act the word cruelty shall be held to include every willful act, omission or neglect, whereby unjustifiable physical pain, suffering or death, is caused or permitted. Cruelty, definition of. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act, and the Act entitled an Act for the Prevention of Cruelty to Animals, approved March 1, 1875, and an Act amendatory thereof, entitled an Act to alter and amend an Act for the Prevention of Cruelty to Animals, approved March 23, 1876, be, and the same are hereby, repealed. Approved October 20, 1879. RATE OF INTEREST. No. 242. An Act to regulate and restrict the rate of interest in this State, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, it shall not be lawful for any person, company or corporation, to reserve, charge or take for any loan or advance of money, or forbearance to enforce the collection of any sum of money, any rate of interest greater than eight per centum per annum, either directly or indirectly, by way of commissions for advances, discount, exchange, or by any contract or contrivance or device whatever. Rate of interest for use of money. SEC. II. Be it further enacted, That any person, company or corporation violating the provisions of the foregoing section of this Act, shall forfeit the interest, and the excess of interest, so charged or taken, or contracted to be reserved, charged or taken. [Illegible Text] of interest. SEC. III. Be it further enacted, That the legal rate of interest shall remain seven per centum per annum, where the rate per cent. is not named in the contract, and any higher rate must be specified in writing, but in no event to exceed eight per cent. per annum. Legal rate of interest fixed. SEC. IV. Be it further enacted, That in all suits hereafter brought in any of the courts of this State, upon any account, note, bond, bill, draft or other evidence of indebtedness, bearing date after the passage of this Act, wherein a greater rate of interest is

Page 185

claimed than seven per cent., it shall be incumbent on the plaintiff in such suit or action to show affirmatively, by proof, that no greater or higher rate of interest than that specified in the contract so sued upon, has been taken, received, retained, or in any way or manner secured, so as to be thereafter had or taken by any device whatever. Plaintiff shall prove affirmatively that no higher rate of interest has been charged. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879. COMPENSATION OF SECRETARY OF SENATE AND CLERK OF HOUSE, ETC. No. 230. An Act to prescribe the compensation of the Secretary of the Senate and Clerk of the House of Representatives of this State; to regulate the appointment of their assistants, and to provide for their giving bond, as required by the Constitution, and for other purposes. SECTION I. The General Assembly of Georgia do enact, That the compensation of the Secretary of the Senate shall be sixty dollars per day for each session, and the compensation of the Clerk of the House of Representatives shall be seventy dollars per day for each session. Secretary of Senate to receive $60 per day. SEC. II. Be it further enacted, That said Secretary and Clerk shall each select and appoint such assistants as may be necessary for the performance of the clerical work of their respective houses, including clerks for such standing or special Committees as may be allowed a clerk by order of their respective Houses; the compensation of their said assistants to be fixed by said Secretary and Clerk, respectively, and to be paid out of the amounts allowed said Secretary and Clerk, respectively, in the preceding section: Provided, however, that if either House shall for any purpose employ a stenographic reporter, the cost of such reporter shall not be considered a part of the clerical expenses of such House, but shall be provided for by a special appropriation. Each may appoint necessary clerical assistants, etc. Compesation of as sistants. SEC. III. Be it further enacted, That immediately after their election, said Secretary and Clerk shall, each, give bond and security in the sum of five thousand dollars, payable to the Governor and his successors in office, and conditioned for the faithful discharge of their respective duties, said bonds to be approved by the President of the Senate and Speaker of the House, respectively. Secretary and Clerk, each to give bond security. SEC. IV. Be it further enacted, That this Act shall not apply to the present term of the present Secretary and Clerk.

Page 186

SEC. V. Be it further enacted, That all laws conflicting herewith be, and the same are hereby, repealed. Approved October 8, 1879. RE-SURVEY OF COUNTY LINES. No. 346. An Act to define by re-survey the county lines of this State when the same are unknown or are in dispute, and for other purposes. WHEREAS, There are many county lines in the State which are unknown, undefined and are in dispute: SECTION I. Be it therefore enacted by the General Assembly of the State of Georgia, That from and immediately after the passage of this Act, whenever the grand jury at any term of the Superior Court, in any one of the counties of this State, shall, in their general presentments, recommend that the county line, or any portion thereof, between said county and some other county adjoining, which is undefined, unknown, or in dispute, be re-surveyed and established, it shall be the duty of the Ordinary of said county to forthwith transmit a certified copy of said presentments to the Ordinary of the said adjoining county; and it shall be the duty of the Ordinaries of each of said counties to forthwith notify and direct the County Surveyors of their respective counties to run off, mark, and define said county line, taking all due precaution to arrive at the true line. Re-surveys of county lines, how executed. SEC. II. Be it further enacted, That it shall be the duty of said County Surveyors to meet at some convenient place on said county line to be opened and agreed upon by them, and further run off, define and mark by suitable blazes or posts along said heretofore undefined or disputed line, and to make two plats of the same, one of which shall be filed and recorded in the Clerk's office of the Superior Court of each of said counties, and the line so surveyed shall then be known and established as the line between said counties. Duties of county surveyors as to re-surveys. SEC. III. Be it further enacted, That in case the County Surveyors above mentioned cannot agree as to the said undefined or disputed line, then it shall be their duty to call in any competent Surveyor of either one of the counties mentioned, or any County Surveyor of an adjoining, or any other county they may agree upon, and the three Surveyors settle said disputed line, making a plat as required above, the same to be recorded in the manner above mentioned. Connty surveyors [Illegible Text] to agree, how to proceed. SEC. IV. Be it further enacted, That the fees of each of the Surveyors aforesaid shall be three dollars per day, to be drawn out

Page 187

of the County Treasury of said counties, and the fees of the Surveyor who may be called in as umpire, to be paid one-half by each of the above mentioned counties whose lines are undefined and in dispute, and the time for which said Surveyors are to be paid shall include the time required in going to and returning home from the survey. Fees of surveyor. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 20, 1879. DECLARING TOCCOA RIVER A NAVIGABLE STREAM. No. 246. An Act to declare the Toccow River a navigable stream for certain purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act the Toccoa river, in the county of Fannin, in said State, shall be, and the same is hereby, declared to be a navigable stream, so far as to authorize any person desiring so to do to float timber thereon. Toccon river made navigable. SEC. II. And be it further 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 October 13, 1879. TO IMPROVE SAVANNAH RIVER. No. 215. An Act to provide for the improvement of the Savannah river. WHEREAS, there is a public necessity that the channel of the Savannah river, a navigable river in this State, shall be [Illegible Text] by straightening, widening and deepending the same, near, opposite, and within, the city of Savannah, in order that the said stream may be made more available and useful for the purpose of navigation and commerce a purpose which is common, useful, and of necessity to the whole people of the State of Georgia, And whereas for this purpose it is necessary to take and cut off portions of land from Hutchinson's Island and from Fig Island, making those portions a part of the bed of the stream; And, whereas the government of the United States has made appropriations of money for the purpose of accomplishing the work aforesaid, and its officers and agents are now ready to prosecute the work and to

Page 188

pay to the owners of the land so necessary to be taken a reasonable compensation for the same; And whereas, the said work will serve a public purpose both as to the United States and to the State of Georgia: Preamble. SECTION I. Be it enacted, That the agent of the United States and the Mayor of the city of Savannah shall mark out by metes and bounds the land, so necessary to be taken as aforesaid for the purpose aforesaid, and advise the respective owners thereof. If said agent of the United States and the respective owners cannot agree upon the compensation to be paid the owner for the taking of the land, then the Governor of this State shall appoint one person, the owner of the land another, [Illegible Text] these two shall select a third person, which three persons shall constitute a commission to assess and determine the just and adequate compensation to be paid the owner. The said commissioners shall put their award in writing and file it in the Clerk's office of the Superior Court of Chatham county, giving to the owner, if possible, a copy of the award, who shall have the right, within five days after notice, if he is dissatisfied with the assessment, to enter an appeal to the Superior Court of said county, by filing an affidavit that he is dissatisfied, and that he believes the assessment is not just and adequate. Land, how designated and secured Appeals allowed and regulated. The issues of fact involved shall be tried in said court by a jury as in other cases. The award so filed if no appeal, and the judgment of the court, if there be an appeal, shall pass the title to the said land out of the said owner into the State of Georgia, upon the payment of the amount of the award or the judgment, as the case may be. Should the owner refuse to appoint a commissioner, or should the commissioner after selection refuse to act, or should the owner be a minor or other person laboring under disability, unless the guardian shall make the selection, the Ordinary of said county of Chatham shall select a person for him or them. When Ordirary shall appoint commissioner. SEC. II. Be it further enacted, That should an appeal be entered as above provided for, the case shall be at once at issue and ready for trial in said court, whether the term be commenced or not. A bill of exceptions may be tendered by the owner to the Judge of said court within three days after the trial, and not otherwise; which, if true, the Judge shall certify, within two days from date of the certificate of the Judge, the bill of exceptions shall be filed in the office of the Clerk of the Superior Court of said county, and the Clerk shall within three days make out a copy of the bill, and make a transcript of the record, and forward such transcript, with the original bill of exceptions, immediately to the Supreme Court. A copy of the bill of exceptions shall be served on the Mayor of the city of Savannah, within two days from the certificate of the Judge. The said cause shall be for trial in the Supreme Court as soon as the bill of exceptions is filed, and shall be taken upon motion of either the State or the owner of the land, to the exclusion of other cases. Should the owner move for a new trial,

Page 189

he shall do so within three days from the trial, and should he desire to except to the judgment on said motion, he shall do so and not otherwise, within two days after the judgment, by tendering his bill of exceptions, and all the provisions of this section, above specified, shall apply to a bill of exceptions so taken. Trial of appeal. Bill of exceptions to be filed. When ready for trial. SEC. III. Be it further enacted, That should the Mayor of the city of Savannah, not be satisfied with the award of the commissioners, an appeal may be taken in the name of the State, in the manner provided for the owner in the first section, by the Mayor filing an affidavit that he believes the compensation awarded is excessive. And should such appeal be entered, the time, manner and mode of trial, and of exceptions and trial in Supreme Court, provided for the owner in the preceding sections of this Act, shall apply, which proceedings the said Mayor is authorized to institute for and in behalf of the State. Appeal by mayor. Approved October 8, 1879. FINES AND FORFEITURESHOW PAID AND DISBURSED. No. 291. An Act to amend an Act to require the payment of moneys arising from fines and forfeitures into the County Treasury, and to regulate the disbursem*nt of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section first of the above stated Act, which reads as followsto-wit: That the officers of the several courts of this State, including prosecuting officers, shall pay into the County Treasury of the county where said courts are held, all moneys arising from fines and forfeitures, by them collected, and on failure to do so shall be subject to rule and attachment, as in cases of defaulting Sheriffsbe, and the same is hereby, amended, by adding thereto the following, to-wit: But no such officer shall be required to pay into the Treasury, as aforesaid, any such moneys, until all the legal claims on such funds held and owned by said officers, bringing the money into court, and the costs due the Justices of the Peace and Constables in the particular case, by which the funds for distribution were brought into court, shall have been allowed and paid. Fines and forfeitures appropriation of, by officers collecting. SEC. II. Be it further enacted by the authority aforesaid, That all such fines and forfeitures be, at each term of the court, distributed by the Solicitor under the order of the court, to such persons and according to the priorities now prescribed by law, and on his failure to do so, he shall be subject to a rule at the instance of any party aggrieved. Fines, forfeitures distributed under order of court.

Page 190

SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved October 16, 1879. [Acts of 1876, page 108.] PAY OF JURORS IN JUSTICE COURTS. No. 306. An Act to provide for the compensation of Jurors for services in Justice Courts, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the compensation of jurors for services in Justice Courts shall be as follows: For each verdict, the jury making and returning the same, shall be entited to the sum of one dollar and twenty five cents, to be paid by the party in whose favor the verdict is rendered, and divided equally among the jurors, and taxed in the bill of costs, and said jurors shall not receive further compensation. Jurors, compensation of in Justice Courts. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. PAY OF JURORS AND BAILIFFS. No. 235. An Act to prescribe the manner of fixing the compensation of Jurors and Bailiffs in all counties of the State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That commencing with the year 1879, and then for every year thereafter, it shall be the duty of the first grand jury empaneled at the fall term of the Superior Courts of the several counties of this State, to fix the compensation of jurors and court bailiffs of such county for the next succeeding year, such compensation not to exceed the sum of two dollars per [Illegible Text] Fees of jurors and court bailiffs, how fixed by grand juries. SEC. II. Be it further enacted, That until the first day of January, 1880, the compensation of jurors and bailiffs in this State shall remain as now provided by existing laws, and if in any county of this State no grand jury is empaneled in the fall of the year 1879, then as to such county said compensation shall remain

Page 191

as now provided by existing laws, until the first grand jury empaneled in such county in the fall of the succeeding year shall fix said compensation, as required and directed in the preceding section of this Act; and if in any county of this State no grand jury should be empaneled in the [Illegible Text] of any year subsequent to the year 1879, then, as to such county, said compensation shall remain as fixed by the grand jury of the preceding year, under the provisions of this Act. No change of compensation until 1st January, 1880. SEC. III. Be it further enacted, That all laws, whether general or local, in conflict with the provisions of this Act be, and the same are hereby, repealed. SEC. IV. Be it further enacted, That the provisions of this Act shall be given in charge by the Judges of the several Superior Courts to the first grand jury empaneled at the fall terms of said courts each year. Judges Superior Courts to give this Act in charge to grand juries. SEC. V. Be it further enacted, That the provisions of this Act shall apply to the grand and petit jurors of the Superior Courts only, and not to jurors of Justice Courts. Approved October 11, 1879. FEES OF JUSTICES AND NOTARIES IN APPEAL CASES No. 60. An Act to fix the fees of Justices of the Peace and Notaries Public, who are ex officio Justices of the Peace and Constables, in appeal cases in Justice Courts. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, in addition to the fees now allowed by law in civil cases in Justice Courts, the Justices of the Peace and Notaries Public, who are ex-officio Justices of the Peace, shall be allowed: For entering an appeal, thirty cents; for drawing jury and making out list, thirty cents; for each case tried by said jury, thirty cents. Additional fees. SEC. II. Be it further enacted, That the Constable serving processes in said courts shall be allowed: For summoning jury, fifty cents; for attending trial, thirty cents. Fees of constables. SEC. III. 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 23, 1879.

Part II.Corporations. TITLE.....I.BANK AND INSURANCE COMPANIES. TITLE.....II.MANUFACTURING COMPANIES. TITLE.....III.RAILROAD COMPANIES. TITLE.....IV.STEAMBOAT COMPANIES. TITLE.....V.TELEGRAPH AND TELEPHONE COMPANIES.

TITLE I. BANKS AND INSURANCE COMPANIES. ACTS. [Illegible Text] Savings Bank incorporated. Charter of Georgia Banking and Trust Company amended. Stonewall Insurance Company of Augusta incorporated. Mutual Insurance Company of Augusta incorporated. National Mereantile Debt Assurance Company incorporated. American Guarantee Association incorporated. Reduction of the Stock of Bank of Augusta. Savannah Trust and Safe Deposit Company incorporated. AUGUSTA SAVINGS BANK INCORPORATED. No. 267. An Act to Incorporate the Augusta Savings Bank. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Joseph S. Bean, Jr., D. B. Hack, M. A. Stovall, John D. Hahn, Ernest R. Schneider and such persons as are now, or may hereafter, be associated with them, be, and they are hereby, constituted, a body corporate and politic under the name of The Augusta Savings Bank, and shall be capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places whatsoever, and may have a common seal, with power to change and alter the same from time to time, and by that name shall be capable of purchasing, taking, holding and enjoying, to them and their successors, all property of every nature that may be necessary for the purpose of promoting the objects of said corporation, and of selling, leasing, or otherwise disposing of, the same or any part thereof. Name and style Privileges and liabilities of corporation.

Page 196

They may receive deposits of money and purchase and sell bills of exchange, lend money and discount notes and bills of exchange drawn against shipments of produce, or any other valuable property, at their will and pleasure. SEC. II. The capital stock of said bank shall be thirty thousand dollars, with the privilege of increasing the same to any sum not exceeding one hundred thousand dollars, and the said capital stock shall be a fund pledged for the security of deposits and for the payment of all other liabilities of said bank. Capital stock. SEC. III. The said corporation may invest money in any good stocks, bonds and mortgages, or unincumbered real estate, which said real estate shall be worth at least double the amount of the sum invested, to be determined as the Directors of the corporation may prescribe, or in the stock or bonds of incorporated companies, at the discretion of the financial board. Privileges of investment of funds. SEC. IV. The said corporation shall [Illegible Text] power to issue certificates of deposit, said certificates to be issued either with or without interest, but if bearing interest, at a rate not exceeding seven per cent. per annum as may be agreed on. No certificate of deposit shall be issued for a smaller denomination than one dollar. Powers to issue certificates of deposit. SEC. V. The said corporation shall be managed by a Board consisting of five Directors, one of whom shall be annually elected President, and who shall hold office until their successors are elected. The capital stock of said bank shall be divided into shares of one hundred dollars each, and each share shall represent one vote, and a majority of the stock represented at any meeting shall constitute a quorum. Stockholders may vote by proxy. No person shall be eligible to become a Director, unless he holds in his own name, unencumbered, ten shares of the paid-up capital stock of said bank. Officers of corporation. Capital stock, how divided. SEC. VI. The said corporation may receive, on deposit, all sums of money which may be offered for the purpose of being invested in such sums and at such times, and on such terms, as the by-laws of the corporation shall prescribe, and which shall be re paid to such depositors at such times, and with such interest, not exceeding the lawful rate, and under such regulations as the Board of Directors shall, from time to time, prescribe, and the said corporation may accept and execute all such trusts, of any description, as may be committed to said corporation, by any person or persons whatever, by will or otherwise, or by order of any court. Corporation may receive deposits. SEC. VII. It shall be lawful for the said corporation to pay to any depositor being a minor without a guardian such sums as may be due to said depositor, nothwithstanding that no guardian shall have been appointed for such depositor, and the receipt or acquittance of such minor shall be valid as if the same were executed by a guardian duly appointed. Married women may deposit money in their own names, and receive the interest or dividend thereon,

Page 197

and receive or withdraw the same and such deposits shall not be subject to the control of their husbands or liable for his debts, nor shall money deposited by a single woman be subject, in case of marriage, to the use or control, nor liable for the debts, of her future husband. The corporation shall keep a book at its office in which each depositor, on signing their names, shall be at liberty to appoint some person, or persons, to whom, in the event of death, the money shall be paid without administration. Deposits belonging to minors, how paid, etc. SEC. VIII. The corporation shall not be required to receive, on deposit, a less sum than one dollar, nor to allow interest until the deposit amounts to five dollars, nor to pay interest on the fractional part of a dollar; and to avoid the calculation of days on small sums, they shall not be required to allow interest on the fractional part of a month. Deposits not to be less than $1. SEC. IX. The said corporation shall, from time to time, have power to make, ordain and establish, such by laws and regulations as they shall judge proper for the direction of their officers, and prescribing their respective functions, and the mode of discharging the same, for regulating the times and places of meeting of their officers, and for transacting and managing all business, and directing the affairs of the corporation: provided, that such by-laws and regulations shall not conflict with the Constitution and laws of this State or of the United States. Power to make and ordain by-laws, etc. SEC. X. Be it further enacted, That the stockholders of said bank shall be individually responsible, equally and ratably, and not one for another, for all contracts, debts and engagements of said bank, to the extent of the amount of their stock therein, at the par value thereof, in addition to the amount invested in such stock. Extent of liability of stock-holders. Approved October 14, 1879. CHARTER OF GEORGIA BANKING AND TRUST COMPANY AMENDED. No. 91. An Act to amend the Acts incorporating the Georgia Banking and Trust Company, so as to provide for the reduction of its capital stock. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Acts incorporating the Georgia Loan and Trust Company and changing the name to Georgia Banking and Trust Company, approved October 5, 1868, and October 7, 1870, be, and the same are hereby, so amended as to authorize said company

Page 198

to reduce its capital stock to seventy-five thousand dollars; and to accomplish such reduction, said company shall have authority to dispose of its real estate and receive its stock in exchange therefor, or it may receive its stock of any of its debtors in payment of any indebtedness to the company, at such valuation of the stock as may be agreed on between the debtor and the company: provided, that the liability of a stockholder disposing of his stock is not to be affected by this Act, but such liability shall be measured and determined by the laws now in force. May reduce its capital stock. Liabilities of stock holder, not changed. SEC. II. 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 29, 1879. STONEWALL INSURANCE COMPANY OF AUGUSTA INCORPORATED. No. 349. An Act to incorporate the Stonewall Insurance Company of Augusta. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted, That R. P. Sibley, Wm. E. Jackson, Jacob Phinizy, R. P. Bolling, George T. Barnes, L. McCord, John W. Wallace, W. T. Wheless, and James G. Bailie, and their associates and successors, are hereby created a body politic and corporate by the name of the Stonewall Insurance Company of Augusta, and by that name shall be capable of suing and being sued in all the courts of this State, of purchasing, holding or conveying property of all descriptions, to make, have and use a common seal, and to alter and renew the same at pleasure; and generally to do any act necessary to carry into effect the objects of the corporation, not inconsistent with the laws and Constitution of this State or of the United States. Stonewall Insurance company, incorporation of. SEC. II. Be it further enacted, That the capital stock of this corporation shall be one hundred thousand dollars, to be divided into one thousand shares of one hundred dollars each, the same to be paid in the manner following: Twenty dollars on each share at the time of subscription, and the residue when the President and Directors of the corporation may direct, which capital stock may hereafter be increased to any amount not exceeding five hundred thousand dollars, in such manner as the President and Directors may determine. The said stock may be deemed and held as personal property, and if any stockholder shall neglect or refuse to make the payment as required, his or her stock may be sold by order of the President and Directors, and such stockholder shall be liable for the balance due by him or her, as such stockholder,

Page 199

to the corporation, as it becomes due, and may be sued for the same. Capital stock $100,000, shares $100 each. Stockholders liable for balance due on stock. SEC. III. And be it further enacted, That the books of subscription shall be opened at such time, and at such place in the city of Augusta, as a majority of the persons named in the first section of this Act may direct, advertisem*nt of the time and place of opening such books to be made for one week in a newspaper published in said city, which book shall be kept open until the said sum of one hundred thousand dollars shall be subscribed, and the said persons, or a majority of them, shall as soon as may be after the books of subscription are closed, call a meeting of the stockholders, who shall proceed to elect not less than five, nor more than nine directors, as may be determined by them, and the said directors shall elect one of their own number President and the said President and Directors elected shall elect a Secretary, and such other officers as they may deem necessary for the successful conduct of the company, and shall have power and authority to appoint and remove at pleasure, all officers and agents of said corporation, prescribe their duties, fix their compensation, provide for the taking of bonds from them for the security of the corporation, and for the faithful performance of their duties, and they shall also have the power to fill any vacancy which may occur in their own body, and also to appoint a President pro tem., when the President may be absent from their meetings; and if the President or any Director shall be absent without leave for five successive regular meetings of the Board, a majority of the same may declare his place vacant, and proceed to fill it without notice to such absent President or Director. No person shall be eligible as a Director except he owns, in his own right, not less than fifteen shares of the stock of said company. Books of subscription, advertisem*nt of time and [Illegible Text] of opening. Meeting to be called for the election of officers. Directors must own fifteen shares of stock. SEC. IV. Be it further enacted, That the Directors of the corporation shall be elected by the stockholders, and the President by the Directors from among their own number, and when elected they shall hold their office for one year, or until their successors are elected, and it shall be the duty of the President and Directors to call an annual meeting of the stockholders to make such election, and in all meetings of the stockholders those holding a majority of the stock shall constitute a quorum, and each stockholder shall be allowed one vote for each share of stock he or she holds, and the stock may be represented, either by the stockholder in person or by proxy and the power to vote for absent stockholders may be constituted by any written expression of the stockholder so appointing a proxy to vote for him: provided, that no one not a stockholder shall be capable of acting as proxy for another. Directors to be elected by stockholderspresident by directors. Stockholders to vote in person or by proxy. Proviso. SEC. V. Be it further enacted, That said corporation shall have authority to insure against losses by fire, on all kinds of property, either real or personal, or mixed, or choses in action, also

Page 200

against all the hazards of ocean or inland navigation and transportation of every kind, for such premiums as it may determine, and said corporation shall be liable to make good and pay to the several policy holders who may insure in said corporation for the losses they may sustain in accordance only with the terms of the contract or policy issued by said corporation, and no policy or other contract of said corporation shall be binding except it be signed by the President and Secretary of said corporation, and said corporation shall have power to invest its money or other property in anything or in any manner which it would be lawful for a citizen of this State to invest money, and do all other acts it may deem advisable for the safe-keeping and secure investment of its funds: provided, that nothing herein contaired shall be construed to authorize said corporation to make any note or bill to circulate as a bank bill, or to issue any security to be circulated as money, and it is further enacted that said corporation shall have power and authority to make re insurance of any risks that be taken by them. Said corporation to insure against fire, hazards of ocean or inland navigation, etc. Proviso. SEC. VI. Be it further enacted, That the President and Directors of said corporation shall have power to fix the places and mode of transfer of stock certificates, as well as payment of interest and dividends that a majority of the Board of Directors shall constitute a quorum, and that said President and Directors shall also have power to pass all such by-laws as may be necessary to carry this Act into effect, and to execute and authorize the execution of all such bargains and contracts as may seem to them best for the interest of the corporation. President and directors empowered to fix the places and mode of transfer of stock certificates. SEC. VII. Be it further enacted, That the said corporation shall be responsible to its creditors to the extent of its property, and the stockholders shall be individually liable to the extent of the stock subscribed for by them which has not been paid up in cash. Corporation and stock-holders, liability of. SEC. VIII. Be it further enacted, That all the increase and accumulations of said company, after paying current expenses and liabilities, and after setting apart the necessary reserve, contingent, and re-insurance fund, shall be distributed as a dividend among the stockholders of said company, one-fourth of said dividend to be paid in cash, if the directors shall so determine, and the other three fourths to be applied to the liquidation of each stockholder's unpaid stock, until the same shall be fully paid up: Provided, nowever, that the President and Directors shall have the power to give holders of policies of said company the right to participate in the net profits of the company, to such an extent, in such manner, and upon such terms, as they may deem proper. Increased accumulations to be distributed among the stockholders. Proviso. SEC. IX. Be it further enacted, That all bonds, bills and promissory notes, made payable at the office of said company, which shall be located at Augusta, Georgia, shall have the same legal effect, and be subject to the same legal remedies, as if the same were made payable at any bank of this State. Bondslegal effect of.

Page 201

SEC. X. Be it further enacted, That said company may have the right to establish agencies in this or any other State. Rights, etc. SEC. XI. Be it further enacted, That this Act shall take effect from and after its passage, and all conflicting laws are hereby repealed. Approved October 20, 1879. MUTUAL INSURANCE COMPANY OF AUGUSTA INCORPORATED. No. 258. An Act to Incorporate the Mutual Insurance Company of Augusta. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly [Illegible Text], and it is hereby enacted by authority of the same, That Geo. R. Sibley, Patrick Walsh, Robt. H. May, John U. Meyer, W. E. Jackson, W. C. Sibley, C. W. Harris, T. R. Vaughn, J. T. Armand, E. R. Schneider, C. Spaeth, Joseph Myers, W. H. Howard and Joseph B. Cumming, their associates and successors, are hereby constituted a body corporate by the name of the Augusta Mutual Insurance Company, to be perpetual, for the purpose of insuring real and personal property of all kinds against loss or damage by fire, water, tornado or lightning, and the said company shall be entitled to hold real and personal property to any amount necessary for the purposes of the same, to sell or exchange the same as the interest of the company may seem to require, to have and use a common seal, and break, alter and renew the same at pleasure, to sue and be sued, plead and be impleaded, to ordain, establish, and put into execution such by-laws, rules, and regulations, as shall seem necessary or convenient from time to time for the government of the company, not contrary to the laws or Constitution of this State, or the United States, and generally to do all acts and things which may appertain to, or be necessary for, the carrying into effect the objects and purposes of said company. Names of corporators and corporation. Objects of said corporation. SEC. II. Be it further enacted, That there shall be a guaranteed capital stock of fifty thousand dollars divided into five hundred shares of one hundred dollars each, fifty per centum of which shall be paid in before any policies shall be issued The remaining fifty per centum of said guaranteed stock may be called for by the Directors from time to time, as they may deem necessary, and in case of failure of any stockholder to pay his assessment within thirty days after it has been called for, the Directors may proceed at once to sell at auction the stock of such delinquent, and any loss that may occur by reason of said sale may be recovered by the Directors from the [Illegible Text] stockholder the same as any other debt due the company. Capital stock $50,000. Stock of deling [Illegible Text] stockholders may be disposed of.

Page 202

SEC. III. Be it further enacted, That the aforesaid guaranteed capital of fifty thousand dollars shall be liable for all losses sustained by the company, and shall also participate in the profits, if any, of the company, as hereinafter provided. Capital stock, [Illegible Text] to share profits. SEC. IV. Be it further enacted That the officers of this company shall consist of five Directors, to be chosen annually by the stockholders, and the said Directors shall [Illegible Text] one of their number as President, who shall be ex-officio chairman of the Board, but in case of his absence any Director may be chosen chairman pro tem. Two of the Directors, together, with the President or chairman pro tem., shall constitute a quorum for transaction of all business. The President or chairman pro tem. shall be entitled to vote the same as a Director: Provided, in case of a vacancy in the Board or office of President, from any cause, the remaining Directors shall fill the same for the unexpired term. The Secretary and Treasurer shall be appointed by the President, with the approval of the Directors, and may be one and the same person. Officers, how chosen. Quorum. Vacancies in Board. SEC. V. Be it further enacted, That whenever the accumulated profits of the company, exclusive of the guaranteed capital, are more than sufficient, in the judgment of the Directors, to provide for all liabilities of the company, including a re-insurance fund of not less than fifty per centum of all premiums on outstanding policies, and not less than ten per cent. surplus in addition, the balance may be divided equally between the stockholders and policyholders. Dividends. SEC. VI. Be it further enacted, That all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 14, 1879. NATIONAL MERCANTILE DEBT ASSURANCE COMPANY. No. 321. An Act to incorporate The National Mercantile Debt Assurance Company. SECTION I. The General Assembly of the State of Georgia do enact, That Robert Carter, D. F. Willcox, M. Joseph, R. A. Bacon, C. E. Hochstrasser, T. S. Fontaine, M. C. Gordon, C. B. Grimes, John S. Newton, Rollin Jefferson, F. W. Acee, R. J. Binford, of Muscogee county, Georgia, and such other persons as may be hereafter associated with them for that purpose, and their successors are hereby created a body politic and corporate by the name of The National Mercantile Debt Assurance Company, and by that name shall be capable of suing and being sued, or by purchasing, holding and conveying property of all description, to

Page 203

make, have and use a common seal, and the same alter and renew at pleasure, and generally do any act necessary to carry into effect the object of this corporation, not inconsistent with the laws and Constitution of this State and of the United States. Corporators. Name and style of corporation. SEC. II. Be it further enacted, That the capital stock of this corporation shall be three hundred thousand dollars, divided into shares of one hundred dollars each, and when one hundred thousand dollars are subscribed for, and ten per cent. thereof paid in, the company, with the authority of any four of the incorporators named in the first section of this Act, may be organized, the remainder of the one hundred thousand dollars to be paid in assessments of not more than ten dollars per share, at each assessment, at such times as the Board of Directors may determine, which capital stock may be increased to any amount not exceeding one million dollars, in such manner as the Board of Directors may deem best, by first publishing a notice to such effect, once a week for four consecutive weeks, in any newspaper published at Columbus, Georgia. The said stock shall be deemed and held as personal property. Capital stock $300,000how divided. How paid in. How increased. SEC. III. Be it further enacted, That the management of said corporation shall consist offirst, a Board of Directors to be composed of five persons, which number may be increased to fifteen persons, each of which shall be a stockholder, and shall be elected by the stockholders at such time and place as the incorporators or their successors may designate; second, a Secretary, and such other officers and agents as the Board of Directors may consider necessary to transact the business of the company. Officers. How elected. SEC. IV. Be it further enacted, That the Board of Directors first elected shall remain in office for two years from the time of their election, or until their successors shall have been elected and duly qualified; and each year thereafter said Directors shall be elected by a majority of the votes cast, at a meeting of stockholders, to be called in accordance with the by-laws, and each stockholder shall be entitled to one vote for each share of stock held by him, or for which he holds a proxy from the owner, to vote; and no one who is not a stockholder can act as a proxy. A majority of the members of the Board of Directors shall constitute a quorum, and in case any Director die or resign, or be removed for cause, then the Board of Directors shall elect a stockholder to fill out the unexpired term of said Director, within a reasonable time after the vacancy has occurred. Terms of office. Each share entitled to a vote. Vacancies, how filled. SEC. V. Be it further enacted, That the persons elected and appointed as Directors, shall elect one or their own body as President, and another of their own body as Vice-President, and such other officers as they may deem necessary to carry on the business of the corporation and shall have full power to appoint all officers and agents and remove the same at their pleasure, in such manner as they may deem proper; also to fix the compensation, prescribe their duties, provide for taking of bonds from them for the security

Page 204

of the corporation, and for the faithful performance of their duties. President how elected. Bonds of officers. SEC. VI. Be it further enacted, That the principal office of this corporation shall be at Columbus, Georgia. Principal office. SEC. VII. Be it further enacted, That said corporation shall have full power to make assurance upon all debts or evidences of debt, or to guarantee payment of such debts, due by any party or parties or corporations to any other party, or parties, or corporations, which liability of this company shall be evidenced by a printed or written policy or contract setting forth the terms of the contract, such as specifying the time and manner of payments, in case of loss, to the assured; manner in which said policy or contract may be transferred or cancelled; the action required of assured, and other necessary details requisite to make the contract or policy binding; which said policy must be signed by the President or Vice-President and the Secretary, or Secretary pro tem, or this liability may be evidenced in such other manner or form as said Board of Directors may deem proper; to fix and collect such premiums thereon; to borrow money and issue its bonds therefor; to invest its money or other property in real estate, stocks, bonds, notes or such other property, real and personal, as may be deemed best by its Board of Directors. Objects. Policies. SEC. VIII. Be it further enacted, That the Board of Directors shall have power to fix the place and mode of transfer of certificates of stock as well as the payment of interest and dividends; to pass all such by-laws as may be necessary to carry this Act into effect, and to facilitate the working of the company; to exeute and authorize the execution of all such bargains and contracts as may seem to them best for the interest of the company, not inconsistent with law; to act in such manner as they may deem best to collect assessments from delinquent stockholders. Transfer of stock, etc. SEC. IX. Be it further enacted, That said corporation shall have power to establish agencies and to appoint agents, at such places in this State, and the remainder of the United States, and in foreign countries, to better transact its business, whenever its Board of Directors may deem it necessary. Agencies. SEC. X. Be it further enacted, That said corporation shall have power to establish branch offices in this and the remaining States and Territories of the United States, and in the District of Columbia, and in foreign countries, when its Board of Directors may deem it best, each of said branch offices to be managed by a separate Board of Directors, elected or appointed, in such manner as the Board of Directors of this company shall deem best, and each of said branch Boards of Directors shall be subject to, and subordinate to, the Board of Directors of this company. Branch office. SEC. XI. Be it further enacted, That said corporation shall be responsible to its creditors to the extent of its property, and each stockholder liable to its creditors for the amount of the stock held

Page 205

by him, and for all assessments made by the Board of Directors, and still unpaid, on the stock held by him. Liability. SEC. XII. Be it further enacted, That the President and Directors of said corporation must make out under oath, at such times, and publish same in such manner, as may be required by the laws of this State, statements of its assets and liabilities. SEC. XIII. Be it further enacted, That this Act shall be of force from and after its passage. Approved October 17, 1879. AMERICAN GUARANTEE ASSOCIATION INCORPORATED. No. 293. An Act to Incorporate the American Guarantee Association. SECTION I. 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 Patrick Calhoun, Jessie W. Culpepper, George W. Adair, R. H. Richards, Green T. Dodd, Julius M. Patton, V. R. Tommey, Walker P. Inman, J. W. Rucker, M. J. Kiser, R. F. Maddox, J. R. Wylie, Alfred Austell, E. E. Rawson, of the State of Georgia, John C. Calhoun of the State of Arkansas and such other persons as may become associated with them by becoming stockholders in the company hereinafter named, their successors and assigns, are hereby created a body corporate and politic, of the county of Fulton, State of Georgia, for and during twenty years, by the name and style of the American Guarantee Association, and by such name shall be capable in law to purchase, receive, hold and convey, and quietly enjoy, land and tenements, goods and chattels, and property of every kind whatsoever, and the same to grant, sell, mortgage and convey, to sue and be sued, to plead and be impleaded; to contract and to be contracted with; to have a common seal, and at pleasure to alter the same, to ordain and establish and put in circulation such by-laws, rules and regulations as may be deemed necessary and expedient for conducting the business of said Association and for its government, not inconsistent with the laws of the State. Incorporation of the American Guarantee Association. SEC. II. That said Association shall have the right, and is hereby authorized and empowered to guarantee and insure the fidelity of all persons holding positions of trust and confidence of what nature soever; and it is further authorized and empowered to become either directly the bondsmen of any person, or to insure his fidelity to his or her employer; or to insure against loss, such person or persons as may have become surety or sureties for another; and said Association is further authorized and empowered

Page 206

to make assurances upon all debts or evidences of debt, or to guarantee payment of such debt or debts, due by any party or parties or corporations; all which liabilities of said Association shall be evidenced by a written or printed contract plainly setting forth the terms thereof: Provided, nothing herein contained shall be construed, as to permit said Association to become surety for any State, county, or municipal officer on his official bond, nor upon the bond of any officer or person required by law to give a bond. Rights and powers. Proviso. SEC. III. That the capital stock of said Association, shall be five hundred thousand dollars, divided into shares of one hundred dollars each, but the stockholders of said Association by a majority vote, may increase its capital to such amount as they may see fit. Every person holding stock not fully paid up, shall be liable for all assessments and installments that may fall due, and if any assessment or installment is not paid when due, the stock shall be liable to forfeiture to said Association, and shall be so forfeited if so declared by a two thirds vote of the Board of Directors, sixty days previous notice having been given in writing to the holders of such stock; the forfeitures above provided for shall not apply to the stock of a dead member. But in no case shall the holders of said stock be liable for the debts of the Association, beyond the amount remaining unpaid on the stock held by them; books of subscription shall be opened within two years after the passage of this Act, under the charge and supervision of such persons as may be appointed by a majority of the incorporation, and they are hereby authorized and empowered to open books and receive subscriptions to the capital stock of said Association: Provided, that said books may be opened either in the State of Georgia or the city of New York, or in both. Capital stock $500,000. Liability of stockholder SEC. IV. When one hundred thousand dollars shall have been subscribed, notice shall be given in a newspaper published in the city of Atlanta, that a meeting of the stockholders will be held at the time and place mentioned in said notice, which place must be in the county of Fulton, State of Georgia, for the purpose of electing Directors, who shall be chosen from the stockholders of said Association. The stockholders in all cases shall be entitled to one vote for each share of stock held by them, and they may vote by proxy. A majority of the votes cast shall be necessary to constitute a choice of Directors. The Directors so elected shall continue in office one year, or until new Directors are elected. The Directors so elected shall from their own body choose a President and Vice-President, and in like manner the Directors and President and Vice-President shall be elected each year. Vacancies which may occur in the Presidency or Board, between the periods of annual elections, may be filled by the Directors: Provided, that if from any cause there shall be no election the corporation shall not be dissolved, but the Directors and the officers then in office shall

Page 207

continue in office with all the powers herein mentioned until the election shall take place. Meeting of stockholders. Election of directors and officers. Proviso. SEC. V. That said Board of Directors shall consist of twelve members, and that a majority thereof shall have the power to make such rules and regulations and by-laws for the payment of stock as they may deem expedient and proper; and that a [Illegible Text] of said Directors shall have the power to establish such agencies in this State and in other States, and to elect and appoint such officers and agents, and to discharge them as they may deem necessary for the proper conduct of the business of this Association. No. of directors. SEC. VI. That said Association shall not commence business until one hundred thousand dollars shall have been subscribed, and thirty per cent. of that amount paid in, and have deposited with the Comptroller General twenty thousand dollars, as a fund subject to the payment of the losses that may be sustained by said Association. The said sum, so deposited, may be in money or bonds of the State, or United States, of the value of twenty five thousand dollars, and said Association may change said bonds: Provided, always, they keep an amount in the hands of the Comptroller General equal to the amount specified. When to commence business. Proviso. SEC. VII. That said Association shall have the right to demand and receive such sums for guaranteeing the fidelity of persons, insuring debts, or going on bonds, as may be fixed by said Association, through its Board of Directors; and that said Association, shall have the right to make such contract for the inspection of the books of the parties guaranteed, and for relieving itself from its guarantees, as may be agreed upon, not inconsistent with the general laws. Rights and powers of Board Directors. SEC. VIII. When any person, whose fidelity the Association has guaranteed, shall default, the Association shall be notified within the next thirty days after said defalcation shall have become known. It shall, within ten days from said notification, appoint an inspector, or inspectors, who, by himself or themselves, or in conjunction with such person or persons as may be appointed by the employer of the person who defaults, or by the person to whom the Association has guaranteed the fidelity of the person defaulting, proceed at once to examine the books and accounts, and ascertain the amount said person guaranteed shall be in arrears: Provided, that the provisions of this section shall be embraced in the policy or contract of insurance; and said Association shall pay said loss within ten days after the loss shall have been ascertained, and the deposit in the hands of the Comptroller General shall be subject to garnishment immediately upon the failure of the Association to pay the loss at the end of said ten days. And in the case when debts have been insured, and said Association shall have paid the same, it shall be subrogated to all the rights of the original creditor: Provided, that the Comptroller General shall retain in his

Page 208

custody the deposit made by said Association, hereinbefore mentioned, upon written notice to him, that said Association may or has become liable as surety for any one; and shall not allow said deposit changed or interfered with by the said Association, until said loss, or probable loss, has been determined and settled, or by the consent of the party assured. [Illegible Text] Proviso. Deposit with Comptroller general liable to garnishment. SEC. IX. That said Association shall make an annual statement on the first day of every July, to the Comptroller General, of the financial condition of said Association, its liabilities and its assets, and the amounts it has guaranteed, or become security for. Said statement must be sworn to by the President or Secretary. Association to make [Illegible Text] statement. SEC. X. Be it enacted, That this Act shall be of force from and after its passage. Approved October 17, 1879. REDUCTION OF STOCK OF BANK OF AUGUSTA. No. 167. An Act to authorize a reduction of the capital stock of the Bank of Augusta, and to more [Illegible Text] define and [Illegible Text] the power and authority of said bank. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Bank of Augusta, of the city of Augusta, in this State, be, and is hereby, authorized to reduce its present [Illegible Text] up capital stock of three hundred and fifty thousand dollars to any sum not below two hundred thousand dollars, by the purchase and retirement of the stock of said bank, at such time, upon such terms, and to such sum as a majority of the stockholders of said bank have directed, or may direct. Augusta, bank of, authorized to reduce capital stock. SEC. II. Be it further enacted, That the stockholders of said bank, or its Board of Directors, may take such action as may be necessary or proper to carry out the aforesaid reduction. SEC. III. Be it further enacted, That said Bank of Augusta be, and is hereby, authorized to issue certificates of deposit, to discount notes, bills, and drafts; to buy and sell exchange; to take any security allowed by law; to purchase, hold, and dispose of any property that may be necessary or proper to secure any indebtedness, and to carry on the business of a bank of deposit, discount, and loan, with power and authority to make any contract, and do everything that may be deemed necessary or proper in said business, not contrary to the Constitution and laws of this State. Bank authorized to issue certificates of deposit, etc. SEC. IV. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 209

SAVANNAH TRUST AND SAFE DEPOSIT COMPANY. No. 185. An Act to incorporate the Savannah Trust and Safe Deposit Company, to authorize the Company to establish a place of safe deposit, to act as Executors, Testamentary Guardians, Trustees, Receivers, Agents, to receive deposits and loan money, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That G. W. J. Renne, A. R. Lawton, W. H. Gibbons, Wm. Hunter, W. S. Chisholm, Henry Hull, Geo. S. Cope, J. F. Gilmer, and such other persons as may hereafter be associated with them, and their successors and assigns, are hereby constituted a body corporate under the name of the Savannah Trust and Safe Deposit Company, and by that name shall have perpetual succession and shall have the right to sue and be sued, and to have a common seal, to make by-laws binding on their own members, not inconsistent with the laws of this State and of the United States, to receive donations by gift or will, to purchase and hold such property, real or personal as is necessary to the purpose of their organization, and to do all such acts as are necessary for the legitimate execution of this purpose. The Savannah Trust and Safe Deposit Co., incorporation of. SEC. II. That said corporation shall have power to do business as a bank so far as to receive money on deposit, to make loans, discount notes and bills of exchange upon the security of bonds of the United States, of the several States, of corporations and municipalities, and other good bonds and stocks, upon the delivery of such securities, and upon mortgages and conveyances of real estate. The rate of interest or discount not to exceed eight per centum per annum. Power of said corporation. SEC. III. That said corporation shall have power to accept and execute the office and appointment of Executor of the last will and testament of any person, and of Guardian when appointed as such by will, but not otherwise; and the Ordinaries of this State are authorized to grant letters testamentary to said corporation, when it is duly appointed Executor of any will. The said corporation shall have power to accept and execute the office of Agent, Assignee, Receiver or Trustee of every kind whatsoever, whether such office or appointment shall be conferred by any person or persons, or by any corporation, or by any court, either of the United States or of this State. The capital stock, property and assets of this company shall be absolutely liable for the faithful management of the estates confided to its care as Executor, Guardian or Trustee, and the claims of such estates shall have priority over all others, and such capital stock, property and assets shall

Page 210

be considered and accepted as the security intended in all cases where bonds and sureties are required by law, and no other bond or security shall be required for the faithful performance of any duties imposed upon it, when this company shall accept such trusts. That all laws of force in this State, and not contrary to the provisions of this Act, concerning Executors, Administrators, Guardians, Trustees. Assignees or Receivers, shall apply to this company when appointed to such office. May accept apointment of executor and guardian, etc. And said corporation shall have power to act as fiscal agent for the State of Georgia, or for any corporation or municipality, for issuing, registering and countersigning bonds, certificates of stock and for paying coupons. And when the management of any estate or fund is vested in said company under the provisions of this Act, said company may be sued as to any matter connected there-with, in the county in which the appointment was made. And it shall be the duty of the company to have an agent in every such county upon whom service can be effected; and in case they fail to have such agent thay may be served by publication as nonresident defendants in equity causes are now served. Corporation. power of to act as flacal agent, etc. SEC. IV. That when said company shall have moneys in its hands, acting in any of the aforesaid judiciary capacities, which ought to be invested, it may invest the same in the bonds or public debt of the United States, or of this State with like freedom from liability as though ordered to do so by the will or other instrument creating the trust, provided such investments be not contrary to any of its directions. That said company shall not be obliged to convert into cash, or change any investments in stocks, bonds or other securities, which may come into its hands when acting in any of the aforesaid official or fiduciary capacities unless directed by deed or will, or required to do so, for the payment of debts, expenses or pecuniary legacies. Upon any sum, not less than one hundred dollars, which shall be received by said company in its capacity of Trustee, Guardian, Assignee or Receiver, under the order of any court, a reasonable interest shall be allowed of not less than three (3) per cent. per annum, until the money so received shall be duly expended, distributed or permanently invested. When the annual income of an infant, of whose estate said company shall be the guardian, shall exceed the sum allowed, or which may be sufficient for the education, maintenance and support of said infant, such surplus income shall be accumulated by said company for the benefit of such infant, by adding interest annually on the whole as a new principal. Powers of, to invest meneys in bonds, and liabilities of SEC. V. That whenever any court shall appoint said company as Trustee, Assignee or Receiver, or deposit with said company any moneys, such court may at any time appoint a suitable person to investigate the condition and the management of said company, who shall report to said court his opinion of the safety and prudence of its investments and the integrity and ability with which

Page 211

its affairs are conducted, and the security afforded to those by whom its engagements are held. The Governor of the State, may cause such examination to be made by proper person or persons annually, or oftener if in his opinion any emergency should require it. Condition and management of Co. subject to be investigated, when and how. SEC. VI. That married women and minors shall be competent to make deposits with said company, and their checks or receipts for the same shall be a sufficient discharge to the company, and such deposits shall not be subject to the claim, control, or the debts of the husband of such married woman, or the parent or guardian of such minor. Feme covert and minors competent to make deposits, etc. SEC. VII. That said company shall have power to receive upon deposit for safe-keeping, upon such terms as shall be prescribed, or shall be agreed upon, personal property of every sort and kind, including certificates of stock, securities and other evidences of the same, or of titles thereto, as well from Executors, Administrators, Guardians, Receivers, Trustees, public officers and all other fiduciaries, who are hereby expressly authorized to make such deposits or bailments, as from all other persons or corporations, and that said company is and shall be authorized to provide, and make bargains and arrangements for the use of safes, vaults and other receptacles for such property. Authorized to receive deposits. SEC. VIII. That within six months from the passage of this Act the persons named in the first section of this Act, or any three of them, shall open books of subscription at such point or points as they may select, giving notice thereof by publication for ten days in at least one newspaper, published in the city of Savannah, and keep such books open as long as they think proper, to receive subscriptions to the stock of said company, to be located in the city of Savannah, to an amount not exceeding one million dollars, in shares of one hundred dollars each, whereof ten per centum shall be paid in cash at the time of subscrption. All subscrptions to the capital stock of said company shall be binding upon the subscribers, and upon their heirs, assigns and legal representatives, and shall be payable at such times, and in such installments, as the Directors may require. Each stockholder shall be entitled to one vote for each share of stock standing in his or her name at all elections for Directors, or in any convention of shareholders, and such vote may be given in person or by proxy duly appointed. All votes shall be by ballot in elections and a plurality of votes shall elect. Whenever two hundred and fifty thousand dollars have been subscribed and twenty-five thousand dollars paid in cash, then said persons who shall have opened said books as aforesaid, shall cause notice to be given to the subscribers by advertisem*nt in at least one newspaper, published in the city of Savannah, (and elsewhere if they see fit) two consecutive weeks prior to the time appointed for the meeting of the subscribers, requiring them to assemble at the time and place to be designated in the publication, to organize and elect a Board of Directors. On the

Page 212

assembling of the subscribers, or such of them as may choose to attend, they shall proceed to hold an election for the first Board of Directors of the company. Books of subscription. Liabiliti's of subscribers. SEC. IX. That the corporate powers of said company shall be vested in and exercised by the Board of Directors, who shall serve one year, and until the election of their successors, and who shall choose out of their own number a President and Vice-President, and shall have power to fill any vacancy which may occur, appoint such officers and clerks as may in their judgment be necessary, fix the compensation, and define the duties of such officers, and to remove them when it seems proper to them to do so. Said Board of Directors shall have power to make by-laws for the management of the affairs of the said company, and do all things necessary for the protection of its interests, in conformity with the provisions of this Act, and subject to revision, modification or repeal by the shareholders in convention assembled. The Directors shall have power to declare and pay dividends out of the earnings of the company: Provided, always, that no dividends shall be made until the earnings are sufficient to pay the same, after deducting all expenses, and losses, if any, and after placing at least ten per cent, of such net earnings annually, to a permanent surplus fund, until such surplus fund shall be equal to twenty per cent. of the paid up capital, after which time at least five per cent. of the net earnings shall be added to the surplus fund annually. No person shall be a Director who does not own at least twenty shares of stock. The number of Directors shall not be less than seven, nor more than thirteen, a majority of whom shall be residents of Savannah, and a majority of those known to be in the city at the time of any meeting of the Board, including the President or Vice President, shall be a quorum for the transaction of business. Board of Directors, powers vested in. Certificates of stock shall be issued to shareholders, in such form, and transferred in such manner, as the Directors may prescribe, but no transfer or assignment of shares shall operate to release any holder from any obligation to the company without the consent of the Board. Certificate of stock, how issued, and effect of. SEC. X. That the company shall be responsible to its creditors to the extent of its property and assets, and shareholders shall be liable to the full amount of the unpaid shares subscribed for, in proportion to the number of shares held by each. Company and shareholders, liabilities of. SEC. XI. That the powers, franchises and privileges granted by this Act to said company, shall not be repealed or changed, so as to effect its power faithfully to execute and carry out any trusts held by the company, or so as to injure any interests committed to its care and management, without the consent of the stockholders, creditors, and persons interested. Powers, franchises, etc., of this Act not to be repealed, but with the consent of whom. SEC. XII. All laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 30, 1879.

Page 213

TITLE II. MANUFACTURING COMPANIES. ACTS. Charter of Cherokee Iron Company amended. Authorizing Cumming Manufacturing Company to borrow money, etc. CHARTER OF CHEROKEE IRON COMPANY AMENDED. No. 97. An Act to amend the charter of the Cherokee Iron Company so as to authorize said company to build and operate railroads from Cedartown, Georgia, to the Selma, Rome and Dalton Railroad, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, in addition to the powers already granted to the Cherokee Iron Company, they are hereby authorized to build and operate railroads from their works in Cedartown to the Selma, Rome and Dalton Railroad, by such route as said company may deem most available, and to connect with the said Selma, Rome and Dalton Railroad at or near Cave Spring, in the county of Floyd, at or near Prior's Station, in the county [Illegible Text] [Illegible Text] or at or near Tec*mseh Depot via Easom Hill. Cherokee Iron Co. authorized to build and operate a railr'd from Cedartown to the Selma, Rome and Dalton Railroad. SEC. II. Be it further enacted, That said company be authorized to build and purchase engines, cars, and all other machinery necessary to a successful operation of said roads. Build and purchase engines, etc. SEC. III. Be it further enacted, That said company shall have a right-of-way of sixty-six feet wide through the lands along said route, upon paying the owners just and adequate compensation therefor. Right-of-way. SEC. IV. Be it further enacted, That in case the said company and the owners of land through which said road may pass cann [Illegible Text] as to the amount to be paid for the right-of-way, then said company shall select a man, the owner of the land another, and these a third man, who shall determine the value of said right-of-way: Provided

Page 214

that if either party be dissatisfied, such party may, within two days, present the arbitrators a written demand for an appeal; whereupon the arbitrators shall return their award with such demand to the office of the Clerk of the Superior Court; said Clerk shall docket the same, and it shall stand for trial as an appeal from a Justice Court at the next term of said Superior Court, unless legally continued: Provided, that, pending said appeal, said company may, upon tendering the amount of damages assessed by the arbitrators, and filing in said Clerk's office its bond, with good security, in double the amount of damages so assessed, conditioned to pay the eventual condemnation money, proceed with its work upon such land, as though no appeal had been taken. How acquired. Either party may appeal to the Superior Court. Appeal, how tried. SEC. V. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 6, 1879. AUTHORIZING CUMMING MANUFACTURING COMPANY TO BORROW MONEY, ETC. No. 334. An Act to authorize the Cumming Manufacturing Company of Augusta, to borrow money on bond, mortgage or other security, and for other purposes. SECTION 1. The Senate and House of Representatives of the State of Georgia, in General Assembly met, do enact, That the Cumming Manufacturing Company, of Augusta, a corporation created by a law of the General Assembly of Georgia, approved August 27, 1872, is hereby authorized to borrow money on bond, mortgage or other security, on consent of the stockholders representing a majority of the stock. Cumming M'f'g Co., of Augusta, authorized to borrow money. SEC. II. Be it further enacted, That so much of all laws or parts of laws, as are in conflict with this Act, are hereby repealed. Approved October 19, 1879.

Page 215

TITLE III. RAILROAD COMPANIES. ACTS. Upson County Railroad taxes to be settled, etc. Charter of Louisville Branch Railroad Company amended. Right of way for Cincinnati Southern railway. Relief of Macon and Augusta Railroad Company from overtaxes. Charter of Louisville Branch Railroad Company amended. Athens Transfer Railroad Company incorporated. Charter of Lawrenceville Branch Railroad Company amended. Charter of Cartersville and Van Wert Railroad Company amended. Thomasville Railroad Company incorporated. Dahlonega Air-Line Railroad Company incorporated. Waycross and Florida Railroad Company incorporated. Carnesville Railroad Company incorporated. Hartwell Railroad Company incorporated. Rome Street and City Park Railroad Company incorporated. Charter of Barnard and Anderson Street Railroad Company incorporated. Gate City Street Railroad Company incorporated. UPSON COUNTY RAILROAD TAXES TO BE SETTLED, ETC. No. 154. An Act to authorize and require the Comptroller General to accept as a basis of taxation of the Upson County Railroad, for the four years it is in default, the taxable value thereof as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default. WHEREAS, The President of the Upson County Railroad Company, either from inadvertance or ignorance of the requirements of the Act approved February 28, 1874, in relation to the taxation of railroads, failed to return said railroad for taxes for the years 1874, 1875, 1876, and 1877; and, whereas, the Comptroller General assessed said railroad for each of the years so in default, many times more than its real value, and attached as penalty three times the amount of taxes so imposed, making in the aggregate an amount almost equal to the value of the entire property, and issued his fi. fas. therefor; and, whereas, the true taxable value of said railroad

Page 216

for the year 1877 has been determined by arbitration in compliance with law; therefore, [Illegible Text]. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the taxable value of said Upson County Railroad as determined by arbitration for the year 1878, to wit: $13,810 shall be the basis of taxation for each of the years 1874, 1875, 1876, and 1877, for which it is in default, and that upon payment of the taxes for each of said years upon that basis, to-wit: the sum of $69.05, with interest thereon at seven per cent. from October 1st, of each year, for each of said years, with costs of executions and levies, the Comptroller General is authorized and hereby directed to enter upon said tax fi. fas. satisfaction in full of the principal, interest, penalties and costs included therein and due thereon. Upson County Railroad, tax due by. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879. CHARTER OF LOUISVILLE BRANCH RAILROAD AMENDED No. 53. An Act entitled an Act to amend an Act to charter the Louisville Branch Railroad Company, approved August 24, 1872; to change the name of said company; to make the town of Wadley the point of junction with the Central Railroad; to reduce the amount of stock to be subscribed before election of Directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts of the corporators and stockholders in electing Directors, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the name of said company be, and the same is hereby, changed to the Louisville and Wadley Railroad Company. Louisville and Wadley R. R. Co. SEC. II. Be it further enacted, That section 2 of said Act be amended to read: That said company shall have the power and authority to survey, lay out, construct, equip, use and enjoy a railroad from Louisville, Georgia, to Wadley, on the Central Railroad of this State. Rail'd from Louisville to Wadley. SEC. III. Be it further enacted, That section 4 of said Act be amended to read, fifteen thousand, in lieu of fifty-five thousand dollars. May organize when $15,000 [Illegible Text] been subscribed. SEC. IV. Be it further enacted, That section 5 of said Act be, and the same is hereby, repealed, and that the following be substituted in lieu, thereof: That the Board of Directors of said company shall have power to select and take or receive as a donation,

Page 217

such strip or strips of land between the points of beginning and terminus of their road, and of such width as they may deem necessary (not to exceed two hundred feet in width) for the construction of the road; and in all cases in which any disagreement may ari e between individuals or corporations and said company, as to the right of way, or damages to the land on which the same may be located, it shall be lawful for the parties or either of them, to apply to the Sheriff of the county in which the land may be located, who shall summon a jury of five free-holders, who shall enter upon the land sought to be appropriated to the use of said company and award in writing the amount of damages (if any) to be paid by said company; either party having the right to appeal to the Superior Court of said county under the rules which apply to appeals from Justice Courts, and in all such cases the free-holders, and in case of appeal the juries in the Superior Courts, in addition to the usual oath, shall be sworn, in assessing damages, to take into consideration the benefit of the road to the land and premises through which it may run, as well as the injuries to the same, and upon payment of all damages so assessed the fee simple title in such land as may be necessary for the location of said road, the building of depots, warehouses, stations and other necessary purposes, shall rest in said company: Provided, that no difference or disagreement between said company and any land owner, shall operate by way of injunction or in any other way to hinder or suspend the progress of the work or the construction of said road, but the same in all cases shall continue without interruption, upon adequate security being given by said company to the land owner, to pay such damages as shall be finally assessed, as aforesaid. Right-of-way. Controversies in regard to right-of-way, how tried and decided. Oath of free-holders and jurors. Construction of road not to be retarded by any hindering controversy as to right-of-way. SEC. V. Be it further enacted, That the election on the 28th day of March, 1879, by the stockholders of said company, of J. H. Wilkins, E. H. W. Hunter. J. C. Little. F. A. Sinquefield, G. H. Harrell, T. H. Ward and Wm. Donovan, as Directors of said company, be, and is hereby, declared legal and valid; and that all the actings, doings and proceedings of the said Directors, heretofore done and performed in relation to contracting for right-of-way and for constructing said railroad, are hereby ratified and confirmed, and declared valid to all intents and purposes. Election of directors confirmed and their acts legalized. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 14, 1879.

Page 218

RIGHT-OF-WAY FOR CINCINNATI SOUTHERN RAILWAY. No. 224. An Act granting right-of-way to the Cincinnati Southern Railway, where its route adjoins that of the Western and Atlantic Railroad. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whereas the city of Cincinnati has nearly completed the Cincinnati Southern Railway, a grand trunk line which will be of great benefit to the State of Georgia, forming a most important feeder and, practically, an extension of the Western and Atlantic Railroad, which is the property of the State, and giving to our commerce the advantage of a direct and admirable connection with the railway system of the North and West; Preamble. And whereas, said railway reaches the Western and Atlantic Railroad at Boyce's Station, and for the most of the distance to the termini of the two railroads in Chattanooga, their routes run parallel to and adjoining each other, a distance of about five miles; And whereas, it is to the advantage of both railroads to be able to locate their tracks and works close togehter, thus saving expense to one in construction, and to both in maintaining the road-bed and facilitating railroad operations; and giving to both railroads the advantage of a stronger and firmer road-bed through a route subject to overflow by floods in the Tennessee river; there is hereby granted to the Trustees of the Cincinnati Southern Railway, for the use of said railway, the use of that portion of the right-of-way of the Western and Atlantic Railroad between Boyce's Station, Tennessee, and the Chattanooga, Tennessee, terminus that lies westerly of a line running parallel with, and nine and a half feet westerly from the center of the track of the Western and Atlantic Railroad, so as to admit of laying track, if desired, near enough to the track of the Western and Atlantic Railroad to leave the distance between the centers of tracks fourteen feet, and between the nearest rails of the two railroads nine feet: Provided always, that this grant is subject to the consent and approval of the lessees of the Western and Atlantic Railroad as to the term of their lease; Provided further, that the grade adopted by the said Cincinnati Southern Railroad along and over the aforegranted right-of-way shall always be the same as that of the Western and Atlantic Railroad. Right-of-way in certain limits granted Trustees of Cincinnati Southern Railway. Grant subject to consent of lessees W. A. R. R. SEC. II. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved October 8, 1879.

Page 219

RELIEF OF MACON AND AUGUSTA RAILROAD COMPANY FROM OVER TAXES. No. 129. An Act for the relief of the Macon and Augusta Railroad Company from all over assessment of taxes for the years 1874, 1875, 1876 and 1877, and for other purposes. WHEREAS, The tax and penalty for default, assessed for each of the years 1874, 1875, 1876 and 1877, against the Macon and Augusta Railroad Company, was upon the basis of the amount of capital stock subscribed, to-wit: $2,000,000, and not upon the value of the property actually owned by the Company; and whereas, the Company does not now seek to be relieved from proper taxation under the Act of 1874, upon the value of its entire property in accordance with the requirements of said Act, and the then, and present, Constitution of the State of Georgia; And whereas, in determining the question of a limited exemption claimed for said Company from taxation and recently decided by the Supreme Court in favor of the State, the Governor had to incur the expense of counsel fees, which said fees the same Company is also willing to assume and pay: for remedy whereof, Preamble. SECTION I. The General Assembly of Georgia do enact, That said Macon and Augusta Railroad Company shall within thirty days from the passage of this Act, pay to the State Treasurer the sum of twenty-five hundred ($2,500.00) dollars for each of said years, 1874, 1875, 1876 and 1877 making in all ten thousand ($10 000) dollars with interest at seven per cent. on each sum of $2,500.00 from October 1st of the year such sum was due said several sums being the just and true amounts due for said years, from said Company to the State for taxes under the Act of 1874, upon the value of its entire property, which value is hereby assessed for each of said years at the sum of five hundred thousand ($500,000.00) dollars, and in addition thereto, said Company shall also pay the counsel fees of the attorneys representing the State as above proposed, together with all court costs that may be remaining unpaid, and upon the payment by said Company of the several sums required above, the Comptroller General of this State is hereby authorized and directed to enter upon the tax executions issued by him against said Company for said four years, satisfaction in full of the principal, interest, penalties and costs due by said Company to the State on said executions. Macon and Augusta R. R. Co. to pay the State $10,000 with interest. SEC. II. Be it enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 18, 1879.

Page 220

CHARTER OF LOUISVILLE BRANCH RAILROAD COMPANY AMENDED. No. 228. An Act to amend an Act to incorporate the Louisville Branch Railroad Company so as to authorize said Company to borrow money necessary for the construction and equipment of said road, and to secure the payment of the same by the issue of first mortgage bonds upon said road, its equipments and franchises. SECTION I. The General Assembly of Georgia do enact, That the Act of the General Assembly approved August 24, 1872, which Act incorporated and chartered the Louisville Branch Railroad Company, in the county of Jefferson, be, and the same is hereby, amended by adding thereto the following additional section, to-wit: That said company be, and the same are hereby, empowered and authorized to borrow a sum of money not to exceed fifty thousand ($50,000) dollars, to be used for the construction and equipment of said railroad; and to secure the payment of said sum of money so borrowed for the purpose aforesaid, said company are hereby further authorized and empowered to issue their bonds in sums of not less than one hundred dollars nor greater than five hundred dollars, and binding therein the road and its equipment, the franchises and all other property owned by said company, said bonds to operate as a first mortgage on said property to secure the prompt payment of said money so borrowed. Louisville Branch R. R. charter amended. Authorizing said corporation to borrow money, etc. Lien of bonds Approved October 8, 1879. ATHENS TRANSFER RAILROAD COMPANY INCORPORATED. No. 202. An Act to incorporate the Athens Transfer Railroad Company. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly convened, That W. B. Thomas, H. H. Carlton, their associates, successors and assigns be, and they are hereby, incorporated and made a body politic and corporate under the name and style of the Athens Transfer Railroad Company, and as such may sue and be sued, plead and be impleaded in any court of law or equity in this State; may have and use a common seal, and the same alter or destroy at pleasure, and purchase, accept, hold or convey any property, real, or personal, or mixed; make contracts, issue bonds, make such by-laws, appoint all necessary

Page 221

officers, prescribe their duty, and do all lawful acts incident to and connected with the objects of said company, as are necessary for the government and transaction of its business. Athens transfer R. R. Co. SEC. II. That the capital stock of said company shall not exceed twenty-five thousand dollars in shares of one hundred dollars each, or such less amount as the officers of said company may determine. Capital stock. SEC. III. That said W. B. Thomas and H. H. Carlton shall be authorized to open books and procure subscriptions to the capital stock of said company, and that the organization and election of officers of said company shall be perfected as soon as five thousand dollars of said stock are subscribed. Books may be opened. SEC. IV. That said company be authorized to build a railroad, to be propelled either by horse-power or steam-power, from any point within five miles of the city of Athens, or in said city, on the Northeastern Railroad, to a point within ten miles of the city of Athens, or in said city, on the Georgia Railroad: provided, that no connection with the said Northeastern Railroad and Georgia Railroad shall be made, unless the consent of said railroad companies shall be obtained; and this Act shall not interfere with said road, or either of them, extending their tracks so as to form a connection between them, whenever they deem it advisable, and from, and at such points, in or out of the city of Athens, as they may desire, in any legal way: provided, that the charge for conveying passengers shall not exceed fifty cents per capita from one terminus to the other, and not exceeding twenty-five cents between intermediate stations, and that the charges for transferring freight shall not exceed two cents per hundred pounds in quantities of one thousand pounds or over, and not exceeding five cents per hundred on less than one thousand pounds, and not exceeding five cents per hundred on freight for intermediate points: And provided, that no part of said road shall be built without such consent on the part of the city of Athens, as is required by the Constitution, having been first obtained: provided, further, that the right of regulating the rates and charges is hereby reserved to the State. May build a railroad. Limitation of passenger tariff and rates for freight. Consent of city authorities required. SEC. V. That in all cases where a question of damages for right-of-way may arise, and the parties shall be unable to agree, the owner of said land, his agent or attorney, shall select one arbitrator and the company another, they to select a third, all of whom shall be disinterested parties, who shall assess the damages to be paid by the railroad company for running said road through said land, reserving the right to either party to appeal to the Superior Court under the laws in force regulating appeals to that Court: provided, that in no case shall the right-of-way embrace more than fifty feet in width on each side of the track of said railroad. Damages for right-of-way, how determined. SEC. VI. That said company shall be, and is hereby, authorized to appropriate all lands and materials necessary for the construction of said railroad, and make all contracts necessary therefor, making

Page 222

just and proper compensation for the same, according to the plan above set forth, and to take such other measures, not unlawful in themselves, that may be necessary in building said railroad and carrying out the objects of the same, as far as set forth in this Act. May appropriate lands and materials. SEC. VII. That said company shall have the right to extend said railroad up into the city of Athens from the terminus at the Northeastern Railroad: provided, that the Mayor and Council of said city shall first consent to the same, upon such terms as shall be agreed upon between said company and said Mayor and Council. Right to extend road into city, etc. SEC. VIII. That the corporators named in this Act shall be ex-officio Directors of said road until others shall be elected. SEC. IX. provided, That nothing in this Act shall be construed as interfering with any franchise now in existence under any other charter, or with dray, wagon, carriage, or omnibus mode of conveying passengers or freight between the railroad depots of the Northeastern, and Georgia Railroad Companies, or any other railroad depots which may be established hereafter in the corporate limits of the city of Athens, or any intermediate points in said city. Vested franchises not to be interferred with. Approved October 1, 1879. CHARTER OF LAWRENCEVILLE BRANCH RAILROAD COMPANY AMENDED. No. 241. An Act to amend an Act entitled an Act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes therewith connected, relating to the formation, organization, constructing and operating said road, approved February 28, 1877, so as to authorize said Company to issue bonds to aid in the construction of said road, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, an Act entitled an Act to incorporate the Lawrenceville Branch Railroad Company, and for other purposes therewith connected, relating to the formation, organization, construction and operating said road, approved February 28, 1877, be, and the same is hereby, amended as follows: That said company be, and are hereby, authorized to issue their bonds to an amount not exceeding thirty thousand dollars, and bearing interest not exceeding the rate of seven per cent. per annum, to aid in the construction and equipment of said road; said bonds to be issued in such sums, and falling due at such times, as the Directors may deem best; and the payment thereof may be secured by the creation of a lien, by mortgage, on said

Page 223

road, its equipment and franchise, in the discretion of said Directors. Louisville Branch R. R. Co., charter amended. May issue bonds. SEC. II. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 13, 1879. CHARTER OF CARTERSVILLE AND VAN WERT RAILROAD COMPANY AMENDED. No. 76. An Act to amend the fifty section of an Act to alter and amend an Act entitled an Act to incorporate the stockholders of the Cartersville and Van Wert Railroad Company etc., approved October 25, 1870, so as to strike from said section the words And all suits against said Company shall be instituted and tried, at Cartersville, Georgia, in the Courts there to be held of competent jurisdiction. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the said section of said Act be, and the same is hereby, amended by striking from said section the latter clause of the same, which reads as follows: And all suits against said Company shall be instituted and tried at Cartersville, Georgia, in the courts there to be held of competent jurisdiction. Suits vs. Cartersville and Van Wert R. R. SEC. II. Be it enacted, That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved August 27, 1879. THOMASVILLE RAILROAD COMPANY INCORPORATED. No. 166. An Act to incorporate the Thomasville Railroad Company, and to grant certain privileges to the same. SECTION I. The General Assembly of the State of Georgia, do enact, That Augustin H. Hansell, Arthur P. Wright, T. C. Mitchell, H. J. McIntyre, John I. Parker, Ellis Young and E. H. Smith, their associates and successors, be created a body corporate to be known as the Thomasville Railroad Company, and by that name to sue and be sued, to have and use a common seal, and to purchase, hold or convey any property real or personal, proper for the purposes of said company. Thomasville R. R. Co., incorporated.

Page 224

SEC. II. It is further enacted, That said company shall have power and authority to survey, lay-out and construct a railway from Thomasville in Thomas county, to such point on the line between this State and Florida as its Directors may deem best, and equip and use the same, with all the rights and privileges and immunities, so far as may be applicable, heretofore granted to the South-Georgia and Florida Railroad Company: Provided, That nothing in this Act shall be construed as granting any State aid to said company, or any immunity from taxation by the State, but the same shall be subject to any taxes imposed by the Legislature of this State. R. R. from Thomasville to Florida line. Proviso. SEC. III. Be it further enacted, That the capital stock of said company shall not be less than fifty thousand dollars, or more than five hundred thousand dollars; and that said company, shall have the privilege and right of constructing, equipping and using a railroad from Thomasville to the Chattahoochee river, at or below Columbus Georgia, and on the same terms as provided for its road to the Florida line; and in the event of their determining to build such road, then the capital stock of said company may be increased one million of dollars above and in addition to that herein before provided. Capital stock, from $50,000 to $500,000. SEC. IV. Be it further enacted by the authority aforesaid, That whenever as much as twenty five thousand dollars of the capital stock of said company shall have been in good faith subscribed, it shall be lawful for the subscribers of stock to meet and choose a Board of Directors consisting of nine subscribers to said stock, who shall continue to act as such for a period of one year and until their successors are chosen. Election of Directors. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 26, 1879. DAHLONEGA AIR-LINE RAILROAD COMPANY INCORPORATED. No. 189. An Act to incorporate the Dahlonega Air-Line Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That, from and after the passage of this Act, William J. Worley, Joseph H. Banks, Wiley H. Quillian, Charles A. Besser, Walter P. Howell, Joseph W. Woodward, F. W. Lucas, Lamar Cobb, John White, Rufus K. Reeves, J. H. Huggins, and such other persons and corporators as are or may be associated with them, and their successors and assigns, be, and they are hereby,

Page 225

created a body politic and corporate, by the name and style of the Dahlonega Air-Line Railroad Company, and in and by that name they may sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity in this State or the United States; may make by-laws, and appoint all necessary officers, and prescribe their duties, and may accept, purchase, hold and convey any property, either real or personal, necessary for the purposes hereinafter mentioned; may make contracts, have and use a common seal, and do other lawful acts properly incident to and connected with said corporation, and necessary for the control and transaction of its business: provided, that their by-laws are not repugnant to the Constitution and laws of this State and of the United States. Dahlonega Air-Line R. R. Co., incorporation of. SEC. II. That for the organization of said company, said persons hereinbefore named, or a majority of them, shall have power to call a meeting of the corporators herein named, to appoint the times and places at which subscriptions for stock in said company may be taken, and every person, or corporation, or body politic subscribing at any such places, or at any time afterwards, under the direction of a majority of said corporators or Directors hereinbefore named, shall be stockholders in said company, and shall pay in the stock so subscribed for, at such times and in such amounts as the by-laws and regulations of said company may require. Organization of Co. SEC. III. That the officers of said company shall serve for the space of twelve months from their election, or until their successors are elected, and may prescribe in their by-laws the time and manner of holding their subsequent annual elections of President and eight Directors; at each annual election of President and Directors each stockholder shall have a right to cast one vote for each share owned in said stocks, and may vote in person or by proxy, under power of attorney duly executed; the Board of Directors shall have power to fill all vacancies which may occur in the Board; five Directors shall constitute a quorum for the transaction of business, of whom the President shall be one, except in cases of sickness or absence, when his place may be filled by one of the Directors, pro tem. by a majority of the Board present. Officers, terms of, their election, etc. SEC. IV. That the capital of said company shall be two hundred and fifty thousand dollars, which may be increased to an amount not exceeding the cost of construction of said road and all its outfits, to be divided into shares of fifty dollars each, and said shares shall be transferable on the books of said company, as may be prescribed by said Directors, and no stockholder indebted to said company shall transfer his, her, or their stock without the consent of the Board of Directors. Capital stock $250,000. SEC. V. Be it further enacted, That the Board of Directors of the aforesaid company shall have power to select and take, or receive as donation, such strip or strips of land between the points selected for the beginning and terminus of said road, and of such width as

Page 226

they may deem necessary for the construction of said road, not to exceed fifty feet on each side; and they shall also have the power of felling and removing standing timber, which, by reason of proximity to said track, may endanger the same, or impair the safety of persons or property conveyed thereon; and in all cases in which any difficulty may arise between individuals or corporations and said company, or their Directors, as to the right of way or damages to the land on which the same may be located, it shall and may be lawful for either to apply to the Sheriff of the county in which such lands may be located, who shall summon a jury of five freeholders, who shall enter upon the land sought to be appropriated to the use of said company, and award in writing the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of said county under the same laws and regulations which apply in said court. Right-of-way. SEC. VI. Be it further enacted, That the company aforesaid shall have a perpetual succession of members, and shall be deemed a common carrier as respects all passengers, goods, wares, and merchandize, and property entrusted to them for their transportation, and the said company shall have power and authority to do and perform all the rights set forth in the preceding sections: Provided, nothing herein contained shall be so construed as to prevent the Legislature from taxing the stock and other property of the road in the same manner and to the same extent that other property is taxed so soon as the road is completed and in operation. Said Co. to be deemed a common carrier, powers, etc. Proviso. SEC. VII. Be it further enacted, That it shall be the duty of the Directors of said railroad company to keep at their principal office, or place of doing business, a stock list containing the names of the stockholders in said company, and the number of shares owned by each, which list of stockholders shall, at any time, and at all times, be subject to the inspection of any person desiring to see the same. List of stock-holders. SEC. VIII. Be it further enacted, That in all controversies between said company and land owners, as provided for in this Act, the commissioners and jurors may take into consideration the benefit, as well as injury, arising to the landholder from the construction of said road: Provided, that no prospective or actual increase of value on account of the building of such road shall be allowed to prevent the owner of the land so appropriated from recovering the actual value of the land so taken from him. Right-of-way. SEC. IX. Be it further 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 September 30, 1879.

Page 227

WAYCROSS AND FLORIDA RAILROAD COMPANY INCORPORATED. No. 294. An Act to incorporate the Waycross and Florida Railroad Company. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That John Screven, George H. Hazlehurst, J. C. Maund, A. J. Lane, Daniel Lott, J. S. Bailey, W. B. Folks. James Baker, W. T. McArthur, L. W. Hazlehurst, M. de Graffenried, Felder Lang, D. S. Troy, J. H. Estill, H. S. Haines, S. A. Strong, C. D. Owens, A. T. McIntyre, W. S. Chisholm, R. W. Woodbridge, J. L. Taylor, R. B. Reppard, J. J. Dale and Robert Hatch, and associates, be, and are hereby, constituted a body corporate and politic, by the name of the Waycross and Florida Railroad company, and as such may sue and be sued, plead and be impleaded, in any court in this State; may have and use a common seal, and alter the same at pleasure; may purchase, hold and sell, any property necessary or convenient to the uses of the charter, and may exercise in general all the powers incident to corporations. Waycross and Florida R. R. Co., incorporated. SEC. II. Be it enacted by the authority aforesaid, That the said company shall have power and authority to survey, lay out, construct, equip and use a railroad from the town of Waycross, in Ware county, Georgia to some point on the St. Mary's River, at or near Camp Pinckney, or any other point in Charlton or Camden counties, Georgia, and to carry travelers and freight over said road. To open books and procure subscriptions for stock at such times and places as may be thought proper; to borrow money and make contracts on account of said railroad, and to lease the same if they choose. R. R. from Waycross to some point on St. Mary's River. SEC. III. Be it enacted by the authority aforesaid, That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed seven hundred and fifty thousand dollars. The stockholders shall elect a President and Board of Directors, and each share shall be entitled to one vote. Capital stock. SEC. IV. Be it enacted by the authority aforesaid, That when a question of right-of-way shall arise, and parties may be unable to agree, the owner of the land may select a man, or his agent or attorney may do so, and the agent of the company shall select a man, and they shall agree upon the damages, if they can; and if they cannot, the two shall select a third man disinterested and a majority of the three shall assess the damages to be paid by the company for the right-of-way through the owner's land; either party having the right to appeal within four days to the Superior Court, according to law: provided, the rightof-way shall not be over one hundred feet in width. Right-of-way, controversies over, how [Illegible Text].

Page 228

SEC. V. Be it enacted by the authority aforesaid, That said corporation shall have full power to make such by-laws and rules as may be deemed necessary for the objects of their incorporation, not inconsistent with the laws of the land. Power to make bylaws and rules. SEC. VI. Be it enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 17, 1879. CARNESVILLE RAILROAD COMPANY INCORPORATED. No. 271. An Act to incorporate the [Illegible Text] Railroad Company, and for other purposes. Said road to run from Carnesville, Franklin county, Georgia, to West Bowersville, of said county and State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, S. M. Ayers, T. A. Little, D. O. Osborne, J. M. C. Bagwell, H. B. Nelms, Lemuel N. Tribble, John C. McCarter, E. A. Mitchell, D. D. Holland and W. G. Alexander, of the county of Franklin, and W. F. Berrien, of the county of Hart, or such of them, or such other persons, as shall associate under the name hereinafter mentioned, they and their successors shall be, and are hereby, incorporated, and made a body politic, with all the rights and privileges common and necessary to such corporations under the name and style of the Carnesville Railroad Company. Carnesville R. R. Co., incorporation of. SEC. II. Be it further enacted by the authority aforesaid, That said company shall be authorized to construct a railroad from the town of Carnesville, in Franklin county, to intersect with the Elberton AirLine Railroad Company, on their line, at or near Bowersville, in the county of Hart, or at any eligible point on said Railroad near Bowersville, by the route deemed most practicable, charging such an amount for freight and passenger tariffs as may be considered expedient, and to open books and procure subscriptions for stock at the rate not exceeding one hundred dollars per share, at such times and places as may be thought proper; to elect a President and five Directors; to borrow money; make contracts; hold real and personal estate, to and for the use of said road; to have power to make all contracts necessary and proper for the building and completion of said railroad; to purchase iron, rolling stock and equipments for the same, and for the purposes aforesaid; to issue its bonds to such an amount, payable at such time, and drawing such a rate of interest as may be agreed upon, or determined by a

Page 229

majority of the stockholders, and based upon such security as may be agreed upon, as aforesaid; and to sell said bonds, or otherwise dispose of them as their Board of Directors may determine; that they may have a common seal; sue and be sued, plead and be impleaded, in any court of law and equity in this State, and by a Board of Directors make all such rules and regulations and by laws as are necessary and proper for the good of the corporation, and effecting the objects for which it is created: Provided, they be not repugnant to the laws of this State or of the United States. R. R. to be constructed from Carnesville to Elberton AirLine R. R. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of such Company shall consist of shares not exceeding one hundred dollars each, and the entire capital stock of said Company shall not exceed the sum of seventy five thousand dollars; and it is also [Illegible Text] that the Board of Directors for the time being shall be authorized to prescribe the terms and conditions of sub scriptions for such capital stock as may from time to time be required. Capital stock [Illegible Text]. SEC. IV. Be it further enacted by the authority aforesaid. That said Company shall have power to purchase and hold in fee simple to their own or successors' use, or to receive as donations, any lands or tenements and hereditaments that they may find necessary for the site on, and along which, to locate, run and establish said railroad; and also to purchase and hold any lands contiguous to or in the vicinity of said railroad that may be necessary in procuring materials for constructing and repairing said road, and such as may be necessary for the erection of toll-houses store-houses and all other buildings or accommodations that may be necessary and useful to said railroad, or the business thereof, and also all right-of-way on land, and all necessary privileges on water courses, that may lie in or across the line of said railroad; and in all cases in which any controversy or difficulty may arise, between individuals or corporations and said company or their Directors, as to the right-of-way or damages to the land on or through which the same may be located, or as to the necessary privileges of water courses, it shall, and may, be lawful for either to apply to the Sheriff of the county in which said land or water privileges may be located, who shall summon a jury of five freeholders, to enter upon the land sought to be appropriated to the use of said company, and to take said controversy into consideration and award, in writing, the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of said county, under the same laws and regulations that apply to appeals in said court; and, in all instances, such freeholders and jurors in said Superior Court shall be sworn, in addition to the usual oath In assessing damages, to take into account the prospective value of the road-land, or property through which it may run, and have evidence touching the same; and, upon the payment of the damages

Page 230

so assessed as aforesaid, the principal title to such land and privileges as may be necessary for the location and building of said road, depots, and all other purposes, shall vest in said company: Provided, that such prospective value shall, in no case, be so considered as to prevent the party whose land is taken from recovering the actual value of the land so taken. Right of way. Right to appeal. SEC. V. Be it further enacted by the authority aforesaid, That besides other property, said Company, at its option, in any case shall have power to receive land or other real estate, or mortgages thereon, or bonds for title thereto, conditional or otherwise in payment, or to secure the payment of the whole or any part of the subscriptions to its capital stock, at such valuation and upon such terms and conditions as may be agreed upon, under such rules and regulations as may be adopted by it, and to mortgage, lease, sell, or otherwise dispose of, said land so received, and conditionally or otherwise to transfer, assign or sell, such mortgages and bonds for titles as shall be advantageous to its interests. Power of company to hold land, etc. SEC. VI. 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 October 15, 1879. HARTWELL RAILROAD COMPANY INCORPORATED. No. 54. An Act to incorporate the Hartwell Railroad Company, and for other purposes, said railroad to run from Bowersville to Hartwell, Hart county, Georgia. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, Joel L. Turner, F. B. Hodges, R. E. Sadler, John B. Benson, Lee Linder, C. W. Seidell, J. F. Craft, W. F. Bowers, E. B. Benson, James B. Alford, W. A. Sanders, Dr. J. H. Parker, P. H. Bowers, J. W. Brown, of the county of Hart, or such of them, or such other persons as shall associate under the name hereinafter mentioned, they and their successors shall be, and are hereby, incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations under the name and style of The Hartwell Railroad Company. Hartwell R. R Co., incorporated. SEC. II. Be it further enacted by the authority aforesaid, That said company shall be authorized to construct a railroad from the town of Hartwell, in Hart county, Georgia, to intersect with the Elberton Air-Line Railroad Company on their line at Bowersville, in said county, or at any eligible point on said railroad, near Bowersville,

Page 231

by the route deemed most practicable, and to open books and procure subscriptions for stock at the rate not exceeding one hundred dollars per share at such times and places as may be thought proper; to elect a President and five Directors, to borrow money, make contracts, hold real and personal estate to and for the use of said road, to have the power to make all contracts necessary and proper for the building and completion of said railroad; to purchase iron, rolling stock and equipment of the same, and for the purposes aforesaid, to issue its bonds not to exceed the sum of twenty thousand dollars, payable at such time and bearing such rates of interest as are allowed by law at the time of the contract of issuing said bonds, etc.; and based upon such security as may be agreed upon, and to sell such bonds, or otherwise dispose of them, as their Board of Directors may determine; that they may have a common seal, sue and be sued, plead and be impleaded, in any court of law or equity in this State, and by a Board of Directors make all such rules and regulations, and by-laws, as are necessary and proper for the good of the corporation, and effecting the objects for which it is created: provided, they be not repugnant to the Constitution and laws of this State, or of the United States. Books of subscription. May issue bonds not to exceed $20,000. Rights and liabilities of Co., enumerated. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall consist of shares, not exceeding one hundred dollars each, and the entire capital stock of said company shall not exceed the sum of sixty thousand dollars; and it is also enacted, that the Board of Directors, for the time being, shall be authorized to prescribe the terms and conditions of subscriptions for such capital stock as may, from time to time, be required; and it is further enacted, that said railroad company may sue and collect in their corporate name and capacity all subscriptions heretofore made to the capital stock of said company, as heretofore organized, and all acts, doings and contracts of said company, as heretofore made and recorded on their minutes, are ratified, confirmed and made valid and binding, and taken as a part of this charter, as if expressly stipulated herein: provided, that the liability of stockholders who have heretofore taken stock in said company shall not extend beyond the amount of stock so taken, or that may be hereafter subscribed by them to said company. Capital stock not to exceed $60,000. Company may collect subscriptions heretofore made. Liability of stock holders defined. SEC. IV. Be it further enacted by the authority aforesaid, That said company shall have power to purchase and hold in fee-simple, to their own or successors' use, or to receive as donations, any lands, tenements or hereditaments, that they may find necessary for the site, on and along which to locate, run and establish, said railroad, and also to purchase and hold any lands contiguous to, or in the vicinity of, said railroad, that may be necessary in procuring materials for constructing and repairing said road, and such as may be necessary for the erection of toll-houses, store-houses, and all other buildings or accommodations that may be necessary and useful to said railroad, or the business thereof, and also all right-of-way on

Page 232

land, and all necessary privileges on water-courses, that may lie on or across the line of said railroad; and in all cases in which any controversy or difficulty may arise between individuals or corporations and said company, or their Directors, as to the right-of-way or damages to the land on or through which the same may be located, or as to the necessary privileges of water-courses, it shall and may be lawful for either to apply to the Sheriff of the county in which said land or water privileges may be located, who shall summon a jury of five freeholders to enter upon the land sought to be appropriated to the use of said company, and to take said controversy into consideration, and award, in writing, the amount of damages, if any, to be paid by said company, either party having the right to appeal to the Superior Court of said county, under the same laws and regulations that apply to appeals in said Court, and in all instances such freeholders and jurors, in said Superior Court, shall be sworn, in addition to the usual oath in assessing damages, to take into account the prospective value of the road, land, or property, through which it may run, and to have evidence touching the same: provided, that such prospective value shall not be offset against the actual value of the land taken by the company, and upon the payment of the damages so assessed as aforesaid, the principal titles to such lands and privileges as may be necessary for the location and building of said road, depots, etc., and for all other purposes, shall vest in said company. Company may [Illegible Text] etc. Controversies as to right-of-way. Appeals to Superior Court. Oath of jurors trying the question of damges. SEC. V. Be it further enacted by the authority aforesaid, That besides other property, said company, at its option, in any case, shall have power to receive land or other real estate, or mortgages thereon, or bonds for titles thereto, conditional or otherwise, in payment, or to secure the payment, of the whole, or any part of, the subscriptions to its capital stock, at such valuation, and upon such terms and conditions, as may be agreed upon, under such rules and regulations as may be adopted by it, and to mortgage, lease, sell, or otherwise dispose of said land so received, and conditionally, or otherwise, to transfer, assign, or sell such mortgages and bonds for title, as shall be advantageous to its interests. May take lands or mortgages thereon, or bonds for title thereto to receive payment of stock. SEC. VI. Be it further enacted by the authority aforesaid, That said company shall have power and authority to sell, mortgage, lease, or otherwise dispose of their rights and franchises on said road, should it at any time be deemed necessary or proper by a majority, in value and number of the stockholders. Stock-holder's right to sell mortgage, lease or otherwise dispose of rights and franchises. SEC. VII. 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 18, 1879.

Page 233

ROME STREET AND CITY PARK RAILROAD COMPANY INCORPORATED. No. 335. An Act to incorporate the Rome Street and City Park Railroad Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, (the corporate authorities of the city of Rome having consented to, and recommended the passage of, this Act,) That George W. Holmes, Z. B. Hargrove, R. T. Hargrove, W. A. Fort, J. M. Spullock, C. D. Forsyth, R. D. Harvey, and such others as they may associate with them, and their successors and assigns, be, and they are hereby, made and constituted a body politic and corporate, by the name and style of the Rome Street and City Park Railroad Company, and by that name may contract and be contracted with, sue and be sued, plead and be impleaded, have and use a common seal, and alter the same at pleasure, and may acquire, hold, and dispose of such property, real and personal, as may reasonably be deemed necessary for the purposes hereinafter set forth, or which may be acquired in the progress of the business, and may provide for and appoint or elect such officers and agents as may be desirable, or deemed proper for the management of their affairs and the transaction of their business, and dispense with any of them at pleasure, provided a majority of the principal officials who may have power to give direction to their business and affairs shall be citizens of the county of Floyd, State of Georgia, and said corporation shall, provided they shall commence work within two years, and complete the main line within five years, continue and have perpetual succession until (and unless) the privileges and immunities granted by this charter shall be revoked by legislative authority under the provisions of the Constitution of this State, and shall have all such other powers and privileges as usually appertain to corporations of like character. In stockholders' meetings a representation of the majority of the bona fide stock subscribed shall form a quorum, the voice of each stockholder being in proportion to the amount of his stock, a majority of the bona fide stock represented in such meeting controlling its action in all points, except when it is proposed to change a by-law or previous rule, to do which a majority of the entire bona fide stock shall favor it. All stockholders' meetings shall be held in Rome, Georgia. Rome Street and City Park R. R. Co., incorporated. Privileges and disabilties. Majority of stock a quorum. SEC. II. Be it further enacted by the authority aforesaid, That said company shall have the exclusive power and authority to lay out, construct and equip, use and employ, street railroads in the city of Rome, Georgia, by horse-power, in all streets in which they shall first establish and operate a street railroad. The main line first to

Page 234

be built shall extend along Broad street its entire length, and along the street or highway outside of the city so as to connect with the City Park, north of Rome, (which main line, if not completed within five years, this charter shall forfeit and become void) with like powers and privileges to have connecting lines on Broad street, South street, Howard street, and such other streets in said city, with consent of the city authorities, as said company may deem advisable; and with like powers and privileges to extend connecting lines, not exceeding two miles, in the county of Floyd, outside of the city limits, should they think advisable so to do, and in all cases where they go beyond and outside the corporate limits of said city, the damages to the owners of the land so traversed shall be ascertained and settled in the same manner as is specified by the charter of the Central Railroad and Banking Company of Georgia. Exclusive power. SEC. III. Be it further enacted by the authority aforesaid, That the track of any road or roads which said company may lay in any of the streets of Rome, or in any public highway, shall be so laid as not to prevent vehicles from crossing and re-crossing the same, but other vehicles shall give way to the cars so as to allow them to proceed on their own tracks. Tracks not to interfere with passage of vehicles. SEC. IV. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be not less than five thousand dollars, subscribed bona fide, divided into shares of twenty-five dollars each, which capital stock may be increased not to exceed two hundred thousand dollars, and said corporators, and each of them, are hereby authorized to procure subscriptions of stock for the purpose of organizing under this charter, and at least ten per cent. on five thousand dollars of capital stock shall be paid in at or before organization, and before work shall be commenced. Capital stock $5000. SEC. V. Be it further enacted by the authority aforesaid, That said company may carry upon their lines passengers and freight, as the exigencies of the business community and public wants may seem to require, charging reasonable rates for the same, such rates of charge being subject to revision by legislative authority, under the provisions of the Constitution of this State. May carry passengers and freight. SEC. VI. Be it further enacted by the authority aforesaid, That each stockholder shall be liable in his private property for the debts due by said company to the amount of capital stock subscribed for by him until his subscription for stock is fully paid up, or until the amount paid direct on his stock, together with the amount of the debts of said corporation, which he may have taken up, shall equal the full amount of his subscription, and shall remain so liable to the extent of his unpaid stock for all debts contracted while he is a stockholder, unless he shall transfer his stock and give notice thereof for sixty days in some newspaper published in Rome, in which event his liability shall cease, except as to persons notifying him of their claims against said company before the expiration of

Page 235

said sixty days, and the person to whom his stock is transferred shall stand in his place and take his liability. Liability of stock holders. SEC. VII. Be it further enacted by the authority aforesaid, That all streets in which said company shall construct and operate a street railroad, shall be subject to all laws and ordinances of the Mayor and Council of the city of Rome. Road subject to ordinances of city. SEC. VIII. Be it further 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 October 20, 1879. CHARTER OF BARNARD AND ANDERSON STREET RAILROAD COMPANY AMENDED. No. 141. An Act to amend the charter of the Barnard and Anderson Street Railroad so as to extend the road-bed. SECTION I. Be it enacted, That the charter of the Barnard and Anderson Street Railroad, a corporation incorporated by an Act of the Legislature, approved August 23, 1872, be, and the same is hereby, amended so as to authorize the said corporation to extend and maintain its railroad track under the terms of its original charter and its amendment, as follows: westward from Tatnall street through Liberty street to West Broad street, and eastward from Barnard street through Liberty street to Randolph street, and also from the present terminus of the said railroad on Barnard street at Congress street to, and along, St. Julian street and Bull street to a point to be fixed by the Mayor and Aldermen of the city of Savannah near the Exchange, or from the said present terminus along Barnard street to Bay street, and along Bay street to a point to be fixed as aforesaid near the Exchange, and from Anderson street, the southern limit of the city of Savannah, to the southern extremity of Laurel Grove Cemetery, beyond the city limits. Charter amended. SEC. II. Be it further enacted, That this Act shall not go into effect without the consent of the corporate authorities of the city of Savannah; that the said corporate authorities may consent to all or to any part of the proposed extensions, and the said corporation shall have the right to construct and maintain its railroad over such places, and along such routes hereinbefore expressed, as the said corporate authorities may approve: Provided, that the provisions of this section shall not extend to that portion of the extension outside of the city limits. Right to construct and main tain its R.R. SEC. III. Be it further enacted, That as a condition of its approval, the corporate authority of Savannah may prescribe the way and

Page 236

manner of the laying of the track of the said railroad along the said extensions, except along that portion of the extension outside of the city limits. Manner of laying track. SEC. IV. Be it further enacted, That a condition of this franchise or privilege shall be the building of the said railroad extensions within two years from the time of the approval of the said corporate authorities. To be built in two ye'rs. SEC. V. Be it further enacted, That all laws in conflict herewith are hereby repealed. Approved September 24, 1879. GATE CITY STREET RAILROAD COMPANY INCORPORATED. No. 163. An Act to incorporate the Gate City Street Railroad Company, and for other purposes. The Mayor and General Council of the city of Atlanta having given its consent to the authority hereinafter granted, said consent being evidenced by a certified copy of the action of said Mayor and General Council, exhibited in both branches of the Legislature before the passage of this bill: Preamble. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, A. Austell, V. R. Tommey, Campbell Wallace, W. B. Cox, F. P. Rice, Daniel Pittman, Laurent DeGive, John Stephens, W. R. Hill, N. L. Angier, J. S. Newman, J. R. Merchant, F. M. Van Pelt, W. C. Lawshe, S. M. Inman, George W. Kries, C. W. Hunnicutt, E. J. Hulsey, H. K. McCay, A. M. Reinhardt, and such others as they may associate with them, and their successors and assigns be, and they are hereby, declared a body politic and corporate by the name and style of the Gate City Street Railroad Company and in and by that name, may sue and be sued, plead and be impleaded in any court of law or equity in this State, or where their rights may come in question, may have and use a common seal, and the same alter or destroy at pleasure, and purchase, accept, hold, enjoy, or convey, any property, real or personal, or mixed, that may be necessary for the purpose hereinafter set forth, or which they may acquire in the progress of their business. Gate City Street R. R. Co., incorporation of. SEC. II. That said company shall have power and authority to survey, lay out, construct and equip, use and employ, street railroads in the city of Atlanta and Fulton county, to-wit: from the Markham House to the Ponce de Leon Springs, in said city and county, on and along the following streets, commencing at said Markham House and running along Wall street to Pryor, and thence along Pryor to Wheat, and thence along Wheat to Jackson, and thence

Page 237

along Jackson to and beyond Rice, or any other accessible street from Jackson street to Angier's Springs, and thence to or near Angier's Springs, and thence to Ponce de Leon Springs, also with full authority to extend said line along Wheat street, from Jackson to Randolph street. Authorized to build a R. R. SEC. III. That the capital stock of said company shall be seven thousand dollars, which may be increased to fifty thousand dollars, should the business of the company require it, books of subscription for which shall be opened in Atlanta, and at any other points in the United States, which may be deemed advisable; said stock shall be divided into shares of one hundred dollars each, and be issued, and transferable in such manner, and upon such conditions as the Board of Directors of said company may determine; each share of one hundred dollars being entitled to a vote at such time, and in such manner, as the company shall, by its by-laws, prescribe. Capital stock. SEC. IV. That all corporate powers of said company shall be vested in, and exercised by, a Board of Directors, and such officers and agents as said Board shall appoint, which said Board of Directors shall consist of five members, who shall be stockholders in said company; the first Board of Directors to be elected at such time, and in such manner, as the said corporators, or a majority of them, may determine, and annually thereafter by the stockholders of said company. Said Directors shall hold their office until their successors are elected and qualified, and they may fill any vacancy, which may happen in the Board of Directors by death, resignation, or otherwise. They may also adopt such by-laws, rules and regulations for the government of said company and management of its affairs and business as they may think proper, not inconsistent with the laws of this State and of the United States. Board of directors and other officers, election of, etc. SEC. V. That the said Gate City Railroad Company may convey upon their lines either passengers or freight, as the exigencies of the business community and public wants may require. Business of. SEC. VI. That the said company, by and with the consent of the City Council of Atlanta, shall be subject to all the privileges and exemptions as to city taxes and exemptions as is extended to the Atlanta Street Railroad Company by virtue of its charter: Provided, that all the powers granted by this Act shall cease, unless the said company shall, within two years from the passage hereof, begin the construction of said street railroad, and proceed, bona fide, in its construction. To be exempt from certain taxes. SEC. VII. Be it enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 238

TITLE IV. STEAMBOAT COMPANIES. ACTS. Oconee River Steamboat Company incorporated. Skidaway Narrows Canal Company incorporated. The Canal Steamboat Company incorporated. Hutchinson Island Canal Company incorporated. OCONEE RIVER STEAMBOAT COMPANY INCORPORATED. No. 126. An Act to incorporate the Oconee River Steamboat Company. Be it enacted by the Senate and House of Representatives of Georgia, That J. M. Stubbs, Robert C. Henry, Wm H. Tillery and Wm. Burch, of the county of Laurens, and such other persons as they may choose to associate with them be, and they are hereby, constituted a body politic and corporate by the name of the Oconee River Steamboat Company, and as such may sue and be sued, plead and be impleaded, in any court of competent jurisdiction in this State, may have and use a common seal, and alter the same at pleasure, may purchase, hold and sell property, necessary to the uses of this Act, may exercise in general all the powers incident to corporations, and shall continue as such corporation for twenty-five years. Oconee river Steam boat Co., incorporated. SEC. II. Be it further enacted, That said company shall have power to navigate the Oconee River in this State with their boats and barges and to own, build, buy, or charter vessels propelled by steam, or other power, and in general, to enjoy all the rights and privileges incident to such an incorporation, and that are necessary and proper for the carrying out the objects of the same, to hold such real and personal property, as may be necessary, or convenient for the enjoyment of the powers and privileges by this Act conferred, or promotive of the object of its incorporation. Powers and privileges as to navigation of Oconee River. SEC. III. Be it further enacted, That the capital stock of said company shall be five thousand dollars with the privilege of

Page 239

increasing to fifty thousand dollars, and the same shall be divided into shares of one hundred dollars each, and no stockholder shall be allowed to make any valid sale, or transfer of his stock in said company to any person, other than a member thereof, without first having given to said company the refusal thereof, at the same price actually and bona fide offered him, or her, therefor. Capital stock. SEC. IV. Be it further enacted, That said company shall have power to commence business under this Act when fifty per cent of said original capital stock is paid in by the subscribers thereto, and shall be authorized to elect a President of said company and such other officers as said company may deem necessary, or expedient for the transaction of their business, and in said election and all others under this Act, each shareholder shall be entitled to one vote, for each share held by him or her, and may be given in person, or by proxy duly authorized in writing. That said company from time to time, shall have power to make and establish such by-laws, rules and regulations, as they may judge proper for transacting, managing and directing the affairs of the corporation: provided, that the same is not repugnant to the Constitution and laws of the State and of the United States. Commence work, when? Company may establish by-laws rules and regulations. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 17, 1879. SKIDAWAY NARROWS CANAL COMPANY INCORPORATED. No. 268. An Act to incorporate the Skidaway Narrows Canal Company, and to grant certain privileges therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That B. B. Ferrill and Henry J. Dickerson, together with such other persons as may become associated with them under this Act be, and they are hereby, created a body corporate and politic, by the name of the Skidaway Narrows Canal Company, and that by that name they and their successors and assigns shall and may continue such body corporate and politic, and as such may sue and be sued, answer and be answered unto, defend and be defended, in all the Courts of the State of Georgia, or in any place whatever having competent jurisdiction over any matter, dispute or transaction, touching the business affairs of said company, may make by-laws, rules and regulations for its government, not inconsistent with the laws and Constitution of this State, or the United States, and do all lawful acts incident to a corporation, and necessary and proper for the transaction of the business for which

Page 240

it is incorporated; may determine as to the number of Directors, time and mode of electing them, and to have a common seal, and to alter and destroy the same at pleasure. Names of corporators and corporations. SEC. II. Be it further enacted, That the said company shall have the right, power and authority to build, construct, own, and maintain a canal of such dimensions as it shall deem suitable from or near Isle of [Illegible Text] on the Skidaway river in Chatham county, through the creek between said Skidaway river and Vernon river, in said county, known as Skidaway Narrows, and the adjacent marsh, to such point on the Vernon river in said county, as it may select, with full power and authority to use such part or portion of the bed of the stream known as Skidaway Narrows, as it may deem necessary in constructing its said canal, and also to construct such bank or dam across said Skidaway Narrows, as it may deem necessary in the construction of such canal. The true intent and meaning of this Act being to encourage and authorize the opening, deepening and straightening of the stream known as Skidaway Narrows, and thereby shortening the steamboat inland route, between the ports of Florida and the city of Savannah, and avoiding the inconvenience and delay of passing through Romney marsh which can be done only at certain stages of the tide; and for this purpose the said company shall have full power and authority to improve by slack-water dams or otherwise, any and all the creeks or streams, which will flow into, or may be made to connect with, said canal. The said company shall likewise have the right, power and authority to acquire by purchase or otherwise, and to hold for their own use and purposes, all rights of way or any other rights, franchise or property, necessary to the carrying out the purposes of this charter. Objects of said corporation. Between what points Rights of-way. SEC. III. Be it further enacted, That the said company shall have power to collect such rates of toll as may be just and reasonable from time to time on all lumber, logs, rafts, steamboat or other water crafts, that may be transported over, conveyed or passed through, the said canal, or through the slack-water improvements made by the company to connect with it, or any part thereof; but the toll or charge on drafts of timber or saw logs, shall not exceed five cents per thousand, and the said company shall have a lien on the property so passed or conveyed through said canal, slack-water and improvements, of said company, until the said toll or charges are paid, which said lien may be enforced as other liens. May collect tolls. SEC. IV. Be it further enacted, That the capital stock of said company shall be five hundred thousand dollars, but may be increased to one million of dollars, if the company shall deem such increase necessary to enable them to complete the said canal and slack-water works, and the same may be divided into such number of shares as may be fixed by the company's by-laws, authorized in the first section of this Act. Capital stock of Co. $500,000. SEC. V. Be it further enacted, That the privileges granted by

Page 241

this Act shall cease, unless the line for said canal shall be selected and marked, and the construction of such canal bona fide begun, within two years from the passage thereof, and unless twenty miles thereof shall be completed within five years thereafter. Privileges forfeitedfor what. SEC. VI. Be it further enacted, That if any person or persons shall willfully damage, injure, or obstruct said canal, or any of its appurtenances, such person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by fine or imprisonment, in the discretion of the court. Any person who shall damage said canal guilty of misdemeanor. SEC. VII. Be it further enacted, That all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 14, 1879. THE CANAL STEAMBOAT COMPANY INCORPORATED. No. 339. An Act to incorporate The Canal Steamboat Company, to define the powers of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, during the term of twenty years, William T. Wheless, Thomas G. Barrett, William M. Jordan, John A. Bell, Robert P. Sibley, and [Illegible Text] W. Armstrong, their associates and successors be, and they are hereby made a body corporate and politic, by the name of The Canal Steamboat Company, with power to contract and be contracted with, sue and be sued, own all personal property necessary and convenient for their business, have a common seal, make by-laws, binding on their members, and exercise all powers incident to the objects of said corporation. Names of corporators and of corporations. SEC. II. Be it further enacted by the authority aforesaid, That the capital stock of said corporation may be any sum sufficient for the works upon which they enter, not less than five thousand dollars, nor more than ten thousand dollars; they shall have power and authority, with the consent of the City Council of Augusta, and under such restrictions as may be imposed by said City Council, to run a line of steamboats to and from the city of Augusta on the Augusta Canal, the whole length of said Canal, beginning at the basin at Clark's mills and ending at the Canal locks, stopping at any and all intermediate points to which they may obtain such privilege from the owners of land adjacent thereto, and that shall seem to them profitable to their business, purchasing or leasing such boats, machinery and other property as they may desire, and such lands along the line of said Canal on either bank, and Lake Olmstead on either bank as they may desire and are able to negotiate for with the owners thereof, for the purpose of erecting

Page 242

wharves for landing-places, laying out, enclosing and preparing pic-nic grounds, parks, etc., etc., for excursionists, Sunday-schools, pleasure parties, etc., etc., and erecting bathing houses on Lake Olmstead. Capital stock. City authorities of Augusta approve. SEC. III. Be it further enacted by the authority aforesaid, That the capital stock of said company shall be divided into shares of twenty-five dollars each, transferable only on the books of said company after all debts due by the holder to the company are paid. The stockholders of said company shall be bound to creditors of said company to the extent of the stock owned by them, and to that extent only. Capital stock, how divided. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with the foregoing be, and the same are hereby, repealed. Approved October 20, 1879. HUTCHINSON ISLAND CANAL COMPANY INCORPORATED. No. 171. An Act to incorporate the Hutchinson Island Canal Company of the County of Chatham. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That Joseph Manigault, Alfred Chisholm, Louis W. Haskell, Joseph A. Hauger, Jr., and Henry Taylor, together with such other persons as may become associated with them be, and they are hereby created a body corporate by the name and style of The Hutchinson Island Canal Company, and all the powers, privileges, and immunities necessary to such a corporation, are hereby granted and conferred upon the same. That they may make all by-laws, rules and regulations necessary for the government of the same, do all lawful acts incident to such a corporation, and may determine as to the number of Directors, and the time and mode of selecting them. The Hutchinson Island Canal Co., incorporation of. SEC. II. Be it further enacted, That the said company shall have the right, power and authority, to build, construct, own and maintain a canal of such dimensions as it shall deem suitable, through Hutchinson's Island, in Savannah river, and in the county of Chatham, opposite the city of Savannah, extending from Front river to Back river, to acquire by purchase, gift, or otherwise, and to hold for its own uses and purposes, any property, right of way or franchises, necessary or convenient to carry out the purposes of its incorporation; and to appoint such officers and agents, and employ such other persons as may be necessary or convenient to carry into effect the objects of this incorporation. Authorized to construct a canal.

Page 243

SEC. III. Be it further enacted, That said Canal Company shall have the right to charge and demand toll and compensation for all persons, stock, freight or boats, vessels or other crafts passing through said Canal, or over its banks, or any part thereof, and to exclude all persons and boats from said Canal except such as may use the same by its permission, and under proper rules and regulations to be established by said Canal Company, as provided for in section I. Powers and rights of said Co. SEC. IV. Be it further enacted, That the capital stock of said company shall be two thousand dollars, but may be increased to five thousand dollars at any time that it may deem such increase to be necessary; and the same to be divided into shares of fifty dollars each. Capital stock. SEC. V. Be it further enacted, That any person who shall in any way damage or injure said Canal, or its banks, or other property, shall be guilty of a misdemeanor, and subject to punishment by fine or imprisonment as may now, or hereafter, be prescribed by law. Penalty for injuring said canal. SEC. VI. And be it further enacted, That all laws and parts of laws militating against this Act be, and are hereby, repealed. Approved Sept. 27, 1879.

Page 244

TITLE V. TELEGRAPH AND TELEPHONE COMPANIES. ACTS. Brunswick and St. Simon's Telegraph Company incorporated. National Bell Telephone Company incorporated. [Illegible Text] Telegraph Company incorporated. BRUNSWICK AND ST. SIMON'S TELEGRAPH COMPANY INCORPORATED. No. 101. An Act to incorporate the Brunswick and St. Simon's Telegraph Company, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That A. G. P. Dodge and Warren A. Fuller, together with such other partners as now are, or may hereafter be, associated with them, be, and the same are hereby, made a body politic and corporate, for the purpose of establishing, erecting and maintaining an electro-magnetic telegraph and cable, and transmitting intelligence thereby, between the city of Brunswick, in the county of Glynn, and St. Simon's mills and St. Simon's light house, in the said county. Said line to be erected over private or public lands, or underneath the waters of said county, under the name and style of the Brunswick and St. Simon's Telegraph Company, and by said name to have power and authority to sue and be sued, plead and be impleaded, answer and be answered unto, in any court of law or equity having jurisdiction thereof in this State, to make and use a common seal, and the same to break, alter or renew at pleasure, to purchase and hold such real and personal estate, as the lawful purposes of such corporation may require, and the same to sell, alien and convey, or otherwise dispose of, as may be found needful in the business of said company, and to appoint such officers and agents as may be necessary for the proper management of the affairs of the Company. Brunswick and St. Simons Telegraph Co., incorporated. SEC. II. Be it further enacted, That the said telegraph company shall have full power and authority to run said telegraph line from

Page 245

any point in the city of Brunswick along the line of the streets of said city to the marsh on the eastern side of said city, and thence across the marshes east of said city, and under any waters of the county of Glynn, between the eastern portion of said city and St. Simon's mills that may be navigable to St. Simon's mills, on the Island of St. Simon's, in the county of Glynn, and thence to St. Simon's light-house, on the southern extremity of said island. Said Company to have full power and authority to erect said telegraph line over any private lands in said county of Glynn, first making due compensation therefor to the owners thereof, in the manner provided by law for the Macon and Brunswick Railroad Company in this State. Telegraph line of said company. Right-of-way. SEC. III. Be it further enacted, That all laws or parts of laws militating this Act be, and the same are hereby, repealed. Approved September 5, 1879. NATIONAL BELL TELEPHONE COMPANY INCORPORATED. No. 102. An Act to incorporate the Georgia Branch of the National Bell Telephone Company, and to authorize it to construct its lines of Telephones in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That James M. Ormes, and Julius L. Brown, and their associates, successors and assigns be, and they are hereby, constituted a body politic and corporate, by the name of the Georgia Branch of the National Bell Telephone Company, and by that name shall have succession, and shall be able and capable to sue and be sued, to plead and be impleaded, in any court whatever, and may have and use a common seal, and may alter and renew the same at pleasure; and said body corporate shall have all the powers and [Illegible Text] and rights, necessary and proper [Illegible Text] erecting, working, and maintaining its line of telephones, and its Telephone Exchange in this State, to-wit: in the city of Atlanta, and in the county of Fulton, and it shall have power and authority to collect and receive such rents and tolls for the use of its property, as it may fix and be agreed upon by its customers from time to time, and it shall have power to collect and receive such tolls as it may fix, for sending messages or receiving messages over its wires by, or from, persons not regular renters or lessees of its property, as it may fix from time to time, and said corporation shall have all the powers and authority of a natural person, to acquire, purchase, lease and hold property, real and personal, or mixed, which may be necessary

Page 246

or advantageous for its purposes; and to sell and convey the same at pleasure. Names of corporators. Name of corporation. Objects of the corporation. Rates for irregular service to be fixed by corporation. SEC. II. Said Corporation shall have authority to erect its poles and run its wires upon any of the streets in the city of Atlanta: Provided, the permission of the City Council is first obtained for the erection of such poles and wires, and upon any of the public roads of the county of Fulton: provided its said poles are at least thirty feet high, and it shall not be lawful for any person or persons to interfere with said poles or wires. Said corporation shall also have the right to run its wires over such house-tops as the owner thereof may agree for them to do so, and said wires and poles shall not be interfered, with as hereinbefore stated. With consent of city authorities may erect poles and wires. SEC. III. The capital stock of said company shall be thirty thousand dollars, with the privilege of increasing the same from time to time to a sum not exceeding one hundred thousand dollars; and said capital stock shall be divided into shares of one hundred dollars each, and each share of stock shall be entitled to one vote in all the meetings of the stockholders. Each shareholder may vote his stock in person or by written proxy. Capital stock $30,000. Vote in person or by proxy. SEC. IV. The affairs of said corporation shall be managed by a President, Vice-President and three Directors, who shall compose a Board of Directors. Said officers shall be elected annually by the direct vote of the stockholders, at such time as the by-laws may fix: Provided, however, that at least ten days' notice of the time and place of election shall be given in a daily paper published in Atlanta. Said officers shall in such case hold over until their successors are elected and qualified. They may fill vacancies in their body. The Board of Directors shall employ such officers and employes under them to practically manage the affairs of the corporation as they deem best, and shall have the power to make all contracts of or for the corporation, and manage its affairs. They shall have power to make all such by-laws, rules and regulations, for the government of the corporation, its stockholders and officers, and employes and customers, as they may from time to time think best: provided, said laws are not in conflict with the Constitution and laws of this State or of the United States. Officers of corporationwhen and how elected Vacancieshow filled. May make all needful by-laws. SEC. V. Said corporation shall have its principal office in the city of Atlanta, and all notices and other legal process shall be served on it as now provided by law for such services on corporations; and said corporation may organize and begin business whenever the sum of five thousand dollars has been bona fide subscribed on the books of the company. Principal office located in Atlanta. SEC. VI. The affairs of the corporation shall be managed by the persons named in the first section of this Act, until permanent officers are elected. They shall, at such times and places as they agree upon, open books of subscription to the capital stock of the company, and all subscriptions to said capital stock shall be paid in cash or in property, as they or the Board of Directors in office,

Page 247

for the time being, may fix and agree upon, and they shall call a meeting of the stockholders as soon after the passage of this Act as they deem expedient to elect permanent officers. Affairs of corporation, by whom managed. First meeting of stockholders. SEC. VII. That this charter shall continue and be in force, unless sooner forfeited, or surrendered, or repealed, for the term of fifty years. Duration of corporation. SEC. VIII. That all laws and parts of laws in conflict with this Act be repealed. Approved September 5, 1879. DUBLIN TELEGRAPH COMPANY INCORPORATED. No. 173. An Act to incorporate the Dublin Telegraph Company. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That John M. Stubbs, L. C. Perry, David Ware, Jr., Rollin A. Stanley, and Robert C. Henry, of the county of Laurens, M. T. Singleton, of the county of Fulton, O. H. L. Strubbing, and Thomas D. Smith, of the county of Wilkinson, together with such other persons as may hereafter be associated with them, be, and they are hereby, made a body politic and corporate in law, under the corporate name and style of the Dublin Telegraph Company, for the purpose of establishing, erecting and maintaining, an electromagnetic telegraph, and transmitting intelligence by means thereof between Dublin, in the county of Laurens, and Toombsboro and Oconee, in the counties of Wilkinson and Washington, by such route to said places as may to said company seem most feasable, and by said name and style to have power and authority to sue and be sued, plead and be impleaded, answer and be answered to, in any court of law, or equity, having jurisdiction thereof in this State; to make and use a common seal, and the same to alter or renew at pleasure; to purchase and hold such real and personal estate as the lawful purposes of such corporation may require, and the same to sell alien and convey, or otherwise dispose of, as may be found needful; and to appoint such officers and agents, as may be necessary for the management of the affairs of said company; and to make and ordain such by-laws, as are not incompatible with this charter, and the constitution and laws of this State. Dublin Telegraph Co., incorporated. SEC. II. That the capital stock of said company shall be one thousand dollars, with the privilege to increase the same to five thousand dollars; but this company shall have the power to commence business when fifty per cent. of said stock is paid in, and certificates shall issue to the share-holders for the amount of stock they may respectively hold therein; and the shares in said company shall be fixed at ten dollars each. Capital stock.

Page 248

SEC. III. That for the better ordering and managing the affairs of said company, three Directors and a President shall be elected from the share-holders annually, at such time and place as the said company may fix by its by-laws; each share holder being entitled to one vote, for each share owned by him or her, and the said Directors shall be empowered to appoint such other officers as they may deem necessary, and fix the compensation of said officers. And the said President and Directors, shall have power and authority to contract with any person or persons, or bodies corporate, for the purpose of connecting its lines with any other line or lines. Officers, election of, etc. SEC. IV. That said company shall have power to set up their fixtures upon any road or roads, without the same being held or deemed a public nuisance, or subject to be abated or interfered with by any private person or persons. Provided, that such fixtures shall be so constructed as not to interfere with the customary travel of vehicles over any of said roads. Powers of said Co. Proviso. Approved September 29, 1879.

Page 249

Part III.Local Laws. TITLE.....I.MUNICIPAL CORPORATIONS. TITLE.....II.SUPERIOR COURTS. TITLE.....III.COUNTY OFFICERS. TITLE.....IV.COUNTY COURTS. TITLE.....V.GAME, Erc. TITLE.....VI.LIQUORS. TITLE.....VII.ROADS. TITLE.....VIII.MISCELLANEOUS.

Page 251

TITLE I. MUNICIPAL CORPORATIONS. ACTS. Charter of Atlanta amended. Charter of Atlanta amended. Charter of Atlanta amended. Charter of South Rome amended. Charter of Carrollton amended. Charter of Marletta amended. Powers of City of Darien enlarged. Charter of Thomasville amended. Town of Bellton incorporated. Charter of Oxford amended. Charter of Forsyth amended. Charter of Riddleville amended. Charter of Rome amended. Charter of Senoia amended. Corporate limits of Forrestville diminished. City limits of Savannah extended. Charter of Social Circle amended. Salary of Judge of City Court of Atlanta. City of Athens may build eisterns, etc. Mayor and Council of Macon may issue bonds. Public schools of City of West Point. Public schools of City of Cartersville. City Court of Clarke county. Governor may convey certain State property to Atlanta. Public schools of Bainbridge. Sale of liquor in certain towns of Carroll county. Sale of liquor in Crawfordville. Sale of liquor in Thomson. Sale of liquor in Sharpsburg. Mayor and Aldermen of Savannah may build aqueduct. Criminal Court of Gainesville abolished. Charter of Milledgeville amended. Town of Maysville incorporated. Charter of Waycross amended. Police Commissioners for Augusta. Mayor of Augusta as Recorder. Registered voters of Augusta to be published.

Page 252

Sinking fund of Augusta. Board of Health of Augusta. Elections in City of West Point. City government for Patonton established. Charter of Town of Eastman amended. Charter of Town of Talbotton amended. To enlarge the corporate limits of Albany. CHARTER OF ATLANTA AMENDED. No. 92. An Act to amend an Act entitled an Act to establish a new charter for the city of Atlanta approved February 28, 1874, and the several Acts amendatory thereof, so far as to provide for three instead of five Water Commissioners for said city, and to provide their compensation. To require the revenue from Water Works to be paid into the City Treasury, and to provide for appropriation from the City Treasury to pay the expenses of operating said Water Works; to restrict the expenses of said Water Works to its income. To require the Mayor and General Council of said city to invest the thirty-five hundred dollars required to be raised annually by taxation as a sinking fund, for the redemption of Water bonds, instead of the Board of Water Commissioners, and to incorporate certain territory for police and sanitary purposes in order to protect said Water Works and its appurtenances, and the purity and healthfulness of the water. SECTION I. The General Assembly of the State of Georgia do enact, That at the first regular meeting of the Mayor and General Council in 1880, said body shall elect three Water Commissioners for the city of Atlanta, which said three members shall constitute the Board of Water Commissioners of said city, instead of five members as heretofore. Said new members shall be elected, and hold their offices for the following terms: One for one year, one for two years, and one for three years; at the end of the term of each of said members, and thereafter, Water Commissioners shall be elected for three years. Said new Commissioners, and their successors shall receive such compensations, not to exceed two hundred dollars per annum as the Mayor and General Council for the year next preceding their election shall provide, and which shall not be changed during their terms. Water commissioners of Atlanta. Terms of. SEC. II. On and after January 1st, 1880, all money collected from water rents, and any other income from said Water Works, shall be paid as collected to the Clerk of Council of the city, and by him into the City Treasury, and the necessary funds to carry

Page 253

on said Water Works shall be paid out of the City Treasury on orders of the Mayor and General Council. Water rents. SEC. III. Said Board shall, by the first meeting of the Mayor and General Council in May of each year, file with said body an estimate of the probable receipts from water rents and other income, if any, and of the amount necessary to run said Water Works during the current year. Said Mayor and General Council shall then, and at the same time that other appropriations are made, make such appropriation, and set apart such amount for said Water Works as may be necessary for the economical and successful operation of the same, and shall pay the same over to the Board of Water Commissioners as it may be needed. Estimates of receipts and expenses by water commissioners. SEC. IV. The annual appropriation for Water Works shall never exceed the estimated annual income, except in an extraordinary emergency, to be judged of by the Mayor and General Council. Appropriations, etc. SEC. V. The sinking fund of thirty-five hundred dollars, which the Mayor and General Council of said city are required to raise annually by taxation, shall hereafter be invested, managed and expended by the Mayor and General Council, instead of the Board of Water Commissioners of said city. Sinking funds, etc. SEC. VI. For the purpose of enabling the city authorities to fully protect said Water Works, including the machinery, telegraph line, pipes, the reservoir, the water, and the purity and healthfulness of the same, the corporate limits of the city of Atlanta are hereby extended so as to embrace the following land lots in the 530th district, Georgia militia, known as Black Hall district, to-wit: Land lots numbers 71, 72, 73, 74, 86, 87, 88, 89, 90, 103, 104, 105, 106, 107, 120, 121, 122, and in Fulton county, Georgia; and said Mayor and General Council are hereby fully authorized and empowered to pass such ordinances in relation to, and over, the territory embraced in such extension, as may be proper and necessary for the full, ample and complete protection of said Water-Works and all its appurtenances, as above mentioned. And they shall have full power and authority to enforce, by penalties, a compliance with, and observance of, such ordinances. And said body, or the Board of Health of said city, may cause to be abated and removed anything which may cause impurity or unhealthfulness of the water from said Water Works. Corporate limits extended. Ordinances for protection of water works and appurtenances. SEC. VII. After the passage of this Act, and before the first appropriation herein provided for, said Board of Water Commissioners shall not incur any expense, or make any expenditure, in excess of its income. Water commissioners, etc. SEC. VIII. All laws and parts of laws conflicting with the above Act, or any of its provisions, are hereby repealed. Approved August 29, 1879.

Page 254

CHARTER OF ATLANTA AMENDED. No. 96. An Act to amend an Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, in so far as to authorise the Mayor and General Council of said city to levy and collect a business tax, as therein provided; to make a just and proper classification of business for taxation, fixing the time for opening and closing the tax books of said city, and for other purposes therein mentioned. SECTION I. The General Assembly of the State of Georgia do enact, That section twenty six of an Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, be amended by striking out of said section the words twenty-five, and inserting in lieu thereof, two hundred, so that a registration tax, such as may be required by said section may be two hundred dollars, instead of twenty-five dollars. But no person, firm, or corporation, that may be required by city ordinance to pay tax ad valorem on merchandise or materials, shall be required to pay more than twenty-five dollars specific business tax annually. The provisions of this Act in nowise to interfere with or repeal sections 27, 28, 29, 30 and 31 of said Act entitled an Act to establish a new Charter for the City of Atlanta, approved February 28th, 1874, as said named sections refer to and authorize said city to levy and collect tax on the retail of ardent spirits; theatrical companies or performances, or other exhibitions; billiard tables, ten-pin alleys, nine-pin alleys or alleys of any kind, etc.; brokerage business, pawn brokers and itinerant traders. Atlanta charter amended. Registration tax $200. SEC. II. Said Mayor and General Council are hereby given authority to pass such ordinances as may be necessary or proper to carry the foregoing section into effect; also to classify business and arrange the various businesses, trades and professions carried on in said city into such classes of subjects for taxation as may be just and proper: Provided, that nothing herein contained shall be construed to authorize the levy of a tax upon any profession not taxable under the general tax Act. City may enforce this Act by ordinances. SEC III. The Tax Receiver and Collector of said city shall be required to open the books for the collection of tax on or before the first day of June of each year, and to close said books on the 20th day of September of each year. Tax receiver and collector, duties of. SEC. IV. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict herewith, are hereby repealed. Approved September 3, 1879.

Page 255

CHARTER OF ATLANTA AMENDED. No. 55. An Act to amend an Act entitled an Act to establish a new Charter for the city of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, so as to authorize the said city to issue bonds to be sold, and the proceeds used in paying off its present floating debt, and to provide for the redemption of said bonds; to require the Mayor and General Council of said city, during the year eighteen hundred and ninety-six, and each year thereafter, until the whole of the public debt of the city is paid off, to set apart and appropriate for that purpose the sum of fifty thousand dollars; to provide for the accumulation in the Treasury of said city of a sufficient fund to pay the interest and current expenses of the city government for six months, by setting apart certain sums for that purpose, in lieu of one-fourth of the tax on real estate now set apart to pay the floating debt, and to require the City Treasurer to keep an account with said fund; to require the revenue of said city from all sources for the year 1885, and succeeding years, to be used to pay the interest and current expenses of the city for the latter half of the year in which it is collected, and for the first half of the next succeeding year; to prohibit the city of Atlanta and all of its departments from issuing checks, or scrip, unless the money is in the City Treasury to meet the same, and from borrowing money, or from issuing any obligations of indebtedness after January 1 st, 1885, except checks drawn by the Mayor and General Council on the City Treasury, and to fix and regulate the amount of money to be borrowed by said city prior to January 1 st, 1885, under existing laws; to provide that this Act shall not affect the provisions of said new charter, which authorizes the issuance of bonds to meet the principal of maturing and outstanding bonds, and for other purposes in this Act mentioned. SECTION I. The Senate and House of Representatives of the State of Georgia, in General Assembly met, do enact, That the city of Atlanta is hereby authorized to issue bonds, with the usual interest coupons attached, to the amount of three hundred and eighty-five thousand dollars; said bonds to be issued, and bear date as soon as the same can be prepared, and shall be of such form and denomination, and bear such rate of interest (not exceeding seven per cent.) as the Mayor and General Council of said city shall, by ordinance, provide, and shall be payable as follows: Twenty-five

Page 256

thousand dollars in amount on the first day of January, 1886, and an equal amount on the first of January of each of the immediately succeeding four years; forty thousand dollars January 1st, 1891, and an equal amount on the 1st of January of each of the immediately succeeding three years; fifty thousand dollars on the 1st of January, 1895, and the same amount on the 1st of January, 1896. The city shall not sell said bonds, or any portion of them, below par. The Mayor and General Council of said city shall provide each year, by taxation, a sufficient amount to pay the principal and interest of said bonds as the same shall mature. Said bonds shall be non-taxable by the city. The proceeds arising from the sale of said bonds shall be used in paying off the present floating debt of said city, and for no other purpose whatever. City of Atlanta may issue bonds with coupons attached for $385,000. How and when payable. Bonds not to be sold below par. SEC. II. Be it further enacted, That during the year eighteen hundred and ninety-six, and each succeeding year, the Mayor and General Council of the city, shall set apart and appropriate from the revenue of the city for each year, fifty thousand dollars, to be used solely and exclusively for the purchase and retirement of any bonds of the city that may be outstanding, until the whole of the public debt of the city is paid off. Sinking funds. SEC. III. Be it further enacted, That in order that said city may accumulate in its Treasury a sufficient fund to pay the interest and current expenses of the city government for six months, and thereby remove the difficulty under which the authorities of said city labor in being compelled to borrow money during the first half of each year, the following authority is hereby given: the Mayor and General Council of said city, in lieu of one-fourth of the tax on real estate now set apart to pay the floating debt, shall from the receipts from tax on real estate for the year 1879, set apart in cash, and appropriate twenty thousand dollars for this purpose; and said body for the year 1880, 1881, 1882, 1883, and 1884 shall, in each of said years, set apart in cash, and appropriate from the receipts from the same source, twenty-five thousand dollars for this purpose, which several amounts, aggregating one hundred and forty-five thousand dollars, shall be used to pay the semi-annual interest, due January 1st, 1885, and the current expenses of the city government from January 1st, to June 30th, 1885, inclusive. Floating debt. SEC. IV. Be it further enacted, That the amount appropriated, as provided in the preceding section, for each year, shall be carried forward as it accumulates intact, and shall be held and reserved for the purpose specified: Provided, that the city authorities, as said fund accumulates, may use the amount accumulated during the previous year, or years, to pay the interest or current expenses for the early part of any year prior to the year 1885, the same to be replaced in the fund in cash from taxes collected for said year, together with the amount required by this Act to be set apart for such year before the year expires. Amount provided in Sec. 3, for each year, to be carried forward intact, etc. SEC. V. Be it further enacted, That the City Treasurer shall open

Page 257

on his books, and keep an account with the fund provided for in the two preceding sections, until the same is accumulated and expended in the year 1885, as therein required. Shall keep account. SEC. VI. Be it further enacted, That the revenue of said city from all sources for the year 1885, and succeeding years, shall be used to pay the interest and current expenses of the city, for the latter half, to-wit: from the 1st day of July to the 31st day of December, inclusive, of the year in which it is collected, and for the first half, to-wit: from the 1st day of January to the 30th day of June, inclusive, of the next succeeding year, and in order to carry this provision into effect, the Mayor and General Council for 1885, and for each succeeding year, are required to have in cash in the City Treasury when the year expires, and to turn over in cash to their immediate successors, one-half of the total receipts of the city for the year. Revenue of city, how paid. SEC. VII. Be it further enacted, That the city of Atlanta (including all its Departments) is hereby prohibited from issuing checks, or scrip, unless the money is in the City Treasury to meet the same, and said city (including all its departments) is prohibited from borrowing money, or issuing any obligations of indebtedness after January 1st, 1885, except checks drawn by the authority of the Mayor and General Council on the City Treasury: Provided, that prior to January 1st, 1885, the total amount of borrowed money to pay interest and expenses during the early part of the year, under existing law, shall not, for any year before said date, exceed the following amounts, to-wit: For the year 1880, one hundred and twenty-five thousand ($125.000); for the year 1881, one hundred thousand dollars, ($100,000); for the year 1882, seventy-five thousand dollars ($75.000); for the year 1883, fifty thousand dollars ($50.000); for the year 1884, twenty-five thousand dollars ($25.000); which amounts, together with the amount to be carried forward to each year, as provided in sections 3 and 4 of this Act, is estimated to be sufficient to pay the interest and expenses of the city for the early part of said years, respectively: Provided, further, that this Act shall not affect the provisions of the charter of said city, which authorizes the issuance of bonds, to meet the principal of maturing and outstanding bonds. No checks to be drawn except on funds in the city treasury. Provisions of this Act not to effect provisions of charter of city. SEC. VIII. 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, 1879.

Page 258

CHARTER OF SOUTH ROME AMENDED. No. 124. An Act to amend section 2 of an Act to repeal an Act to incorporate the town of Hillsborough, in the county of Floyd, and all Acts amendatory thereof, and to incorporate the town of South Rome, in the county of Floyd, striking the words, three commissioners, and inserting the words, five commissioners, in lieu thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of an Act to repeal an Act to incorporate the town of Hillsborough, and to incorporate the town of South Rome, in the county of Floyd, be so amended as to authorize said town of South Rome to elect five commissioners instead of three commissioners, as now authorized by said Act, and that the word three, before the word commissioners, be stricken, and the word five be inserted in lieu thereof. South Romecharter of amended: five commissioners SEC. II. Be it further 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 September 17, 1879. CHARTER OF CARROLLTON AMENDED. No. 127. An Act to amend an Act to consolidate, amend and supersede the several Acts incorporating the town of Carrollton in the county of Carroll, and to grant certain privileges to the same, approved August 20, 1872, so as to give the Mayor and Council of said town full power and authority to regulate the sale of spirituous, vinous or malt liquors, ale or beer, within the corporate limits, to tax business occupations and dealers, to confer additional powers on the corporate authorities of said town, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That section 12 of said Act be so amended as to read as follows: That the Mayor and Council of said town shall have full power and authority to grant or refuse license to applicants to sell spirituous liquors, ale, malt liquors, bitters, and all other intoxicating beverages or mixtures, whether by retail or wholesale, and to

Page 259

require the payment of such tax on the business of such wholesale or retail dealer as in their discretion may seem expedient, and shall have full power to enforce the collection of said taxes, in the same way that other municipal taxes are collected in said town, and the person or firm paying the tax as a wholesale or retail dealer shall not sell by wholesale or retail at but one place or house during the time for which he has paid the taxes, and shall give bond or good security in such sum as the Mayor and Council of said town may prescribe to the Mayor of said town and his successors in office, conditioned that he will comply strictly with the by-laws and ordinances of said town, regulating the sale of spirituous liquors as before set forth therein. Carrollton, charter of amended. Sale of spirituous liquors, etc. Privilege of sale limited to one place either by wholesale or retail dealers. SEC. II. Be it further enacted, That in addition to the foregoing powers the Mayor and Council shall have the right by ordinance to punish any person by fine not exceeding twenty-five dollars, or imprisonment not exceeding ten days, who shall engage in the business of a wholesale or retail dealer in violation of the foregoing provisions, or the ordinances of said town made in pursuance of the authority herein given, said person shall be liable to be so punished for each day that he may carry on said business without having paid the taxes assessed against him, or without having given the bond and security, as required by the ordinances of said town, and the Mayor and Council shall in like manner have the right to inflict a like punishment on any seller or dealer who violates any of the by-laws or ordinances of said town, made for the regulation of such wholesale or retail dealers. Mayor and council have power to punish violators of this Act by fine or imprisonment. SEC. III. Be it further enacted, That this Act is intended to vest in the municipal authorities of said town full and complete authority to regulate the sale of spirituous or malt liquors of any kind, and under any name, or in any form, in said town, and it is intended that the Mayor and Council shall have full power to pass all ordinances, rules and by laws, which may be necessary to carry out this intention, and to enforce the same: provided, that this Act shall in no way interfere with, or abolish, any existing law, general or special, for said town, but this Act is intended to be cumulative. Intent of this Act declared. Shall not repeal any existing law, general or special relating to sale of liquors in said townbut shall be cumulative. SEC. IV. Be it further enacted, That in addition to the taxing power conferred upon the Mayor and Council, in section 11 of aforesaid Act, said Mayor and Council shall have the right to make such assessments on any business, occupation, or dealer in said town in the way of taxes as in their discretion may seem expedient, such tax not to exceed twenty-five dollars per annum, except on shows and exhibitions, and except on wholesale or retail dealers, as set forth in sections 1 to 3, inclusive, of this Act: provided, such business occupation or dealer is subject to be taxed by the county. Mayor and council shall have power to make specific assessments on business in addition to power conferred in Section 11 of this Act. SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 17, 1879.

Page 260

CHARTER OF MARIETTA AMENDED. No. 350. An Act to amend an Act entitled an Act to incorporate the town of Marietta, in the county of Cobb, and also to enlarge the boundary of said town, and incorporate the same under the name of the City of Marietta; and provide for the election of Mayor and City Councilmen, and such other officers as may be required; and confer upon them specified powers, and for other purposes therein named. SECTION I. 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 above recited Act, approved January 21, 1852, be amended so as to read as follows: Marietta, Act of 1852 as to incorporation of amended. That the first section of said Act be amended as follows, by striking out all of said first section after the word provided, so that said section shall read as follows: Section 1, amended. 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 town of Marietta be known and called the City of Marietta; that the corporate limits of said city be, and the same are hereby, extended three-quarters of a mile in every direction from the courthouse in the public square. Changed from town of, to city of Marietta, and corporate limits extended. That the second section of said Act be amended as follows: By inserting the words Clerk of Council and Marshal immediately after the word Council, in the seventh line of said Act, so that said section shall read as follows: Section 2 amended as to clerk of council and marshal. And be it enacted by the authority aforesaid, That within twenty days after the passage of this Act, and by giving ten days' notice, and on the second Monday in January thereafter, all citizens residing in said city who shall be entitled to vote for members of the Legislature, shall be entitled to vote for Mayor, six members of Council, Clerk of Council and Marshal; and that any person, or persons, legally entitled to vote at said elections, shall be eligible to any of said offices, at which election one Justice of the Peace shall preside, together with two freeholders, neither of whom being a candidate; and the persons receiving the highest number of votes shall be declared duly elected. That the managers of such election shall give certificates to that effect, which shall be evidence of their election and their authority to act, and be recorded by the Clerk of Council, in a book to be kept for that purpose, which record shall be held and esteemed as the highest evidence of such election.

Page 261

That said Act be further amended by striking out the entire sixth section of said Act, and by inserting in lieu thereof the following section, which shall be known as the sixth section of said Act; and be it further enacted by the authority aforesaid, that the Mayor and members of Council, shall at their first regular meeting after their election proceed to elect by ballot a Treasurer, who shall remain in office (unless removed) until his successor is elected and qualified, and the salary of said Treasurer shall not exceed fifty dollars per annum. And that said Act be further amended by repealing the entire seventh section of said Act, and inserting in lieu thereof the following section, which shall be known as the seventh section of said Act: and be it further enacted by the authority aforesaid, that as soon as convenient, after the election, and before entering upon his official duties, the Mayor shall, before a Judge of the Superior Court, Ordinary, Judge of the County Court, or an acting Justice of the Peace, or other judicial officer of this State, take and subscribe the following oath: I , do solemly swear, that I will, to the best of my ability, discharge the duties of Mayor for the city of Marietta during my continuance in office, so help me God. And the Mayor after having been so qualified, shall have full power and authority to administer the same oath to each member of Council, and to every officer of said city. Section 6, stricken and another inserted in lieu thereof, as to election of treasurer, etc. Section 7, repealed, and another inserted, as to oath of mayor. That the ninth section of said Act be amended as follows: by striking out all of said ninth section after the words by due course of law, so that said section will read as follows: And be it enacted by the authority aforesaid, that the Mayor and four members of Council shall form a quorum to transact all business, and a majority of the votes shall determine all questions and elections before the Council; the Mayor to give the casting vote in case of a tie; and the Mayor and each member of Council shall be to all intents and purposes a Justice of the Peace, so far as to him or any of them, to issue warrants for offenses committed within the limits of said city, which warrants shall be excuted by the Marshal or acting deputy Marshal; and to commit to the common jail of Cobb county, or admit to bail, offenders, for their appearance before the next Superior Court thereafter, for the county of Cobb, to await his, her or their trial; and it shall be the duty of the Jailor of said county, to receive all persons so committed, and safely to keep the same until discharged by due course of law. Section 9. amended. That said Act be further amended by repealing and striking from said Act, the entire thirteenth section of said Act, and by enacting in lieu thereof the following section, which shall be known as the thirteenth section of said Act: Be it further enacted by the authority aforesaid, That the Mayor and Council shall have power to make and pass all by-laws necessary for the government, good order,

Page 262

and well-being of the city, remove pests and nuisances, and perform all other acts necessary and proper to carry out the provisions of this Act, not incompatible with the laws of Georgia and of the United States; they shall have power to make such contracts as they may deem necessary for the welfare of said city; to levy a tax not exceeding the State tax, upon all persons and property, within the limits of said city, of whatever kind, both real and personal, which is subject to taxation by the laws of the State, which tax shall be received and collected by the Clerk of Council, and which taxes shall be collected at such times and in such manner as the Mayor and Council in their by laws and ordinances shall direct; and the Clerk of Council shall pay over to the Treasurer the taxes so collected, and all other money collected by him, for and on account of the city, on or before the first day of the month next after the collection so made; the Mayor and Council shall empower the Marshal, or acting deputy Marshal, to remove or abate all nuisances within the limits of the city, and require him to prosecute before the Superior Court, all offenders against the statute laws of the State; and for this purpose the Marshal or acting deputy Marshal shall have power and authority to examine all places where he suspects a violation of the laws of the State, or ordinances of the city is being carried on, and shall have full power and authority to call to his aid, any and all the male citizens of said city, capable of bearing arms, and shall report all offenders against the laws of this State, to the Mayor or some member of council, whose duty it shall be upon such report, to issue a warrant or warrants, and commit such offenders to jail, or bind him or them over to appear before the proper tribunal to answer such charge. Section 13, repealed, and another inserted as to powers of mayor and council. That the sixteenth section of said Act be amended as follows: After the word taxes, in the fourth line of said section, add the following: or by labor on the streets or public works within the city, or by confinement in the calaboose, or guard house, at the discretion of the Mayor, the terms of labor or confinement, in no case, to exceed thirty days; so that said sixteenth section of said Act, so amended, shall read as follows: Section 16 amended, in reference to penalty. And be it further enacted by the authority aforesaid, That the payment of all fines imposed in pursuance of the preceding section shall be enforced in the same manner as is provided for the collection of taxes, or by labor on the streets or public works within the city, or by confinement in the calaboose or guard-house, at the discretion of the Mayor, the term of labor or confinement, in no case, to exceed thirty days. That the twentieth section of said Act be amended as follows: By striking out the word exceeding, immediately after the word not, in the sixth line of said section, and inserting the words, less than; so that said twentieth section, when so amended, will read as follows: Section 20 amended, in reference to license. And be it further enacted by the authority aforesaid, That said

Page 263

Mayor and Council shall have power and authority to license a vendue-master or masters, first paying to the Mayor and Council, in the manner prescribed by the laws of this State regulating vendues, a sum not less than fifty dollars, each, for said license, and giving bond and security to the Mayor and Council; and if any person, or persons, shall sell any goods, wares, and merchandise, or any other property whatsoever, as a vendue-master, or at auction, or at public outcry, within said city, without first having obtained a license from the Mayor and City Council, he, or they, shall forfeit and pay, for every such sale, a sum not exceeding five hundred dollars, to be recovered in any court having competent jurisdiction, and to be applied, one-half to the use of the city, and the other half to the person giving information: Provided, always, that nothing in this section shall be construed to extend to any sale made by lawful officers under executions issued from the proper authority, or to sales made by, or under, the authority of executors, administrators or guardians, or to prohibit resident citizens of said city from vending at auction their own property. Proviso. Approved October 20, 1879. POWERS OF CITY OF DARIEN ENLARGED. No. 351. An Act to empower the authorities of the city of Darien, in this State, to compel wharf owners to keep their wharves in good order, and owners of improved lots in said city to construct and keep in repan suitable pavements in front of the same; and to adopt and enforce certain other sanitary measures on the recommendation of the City Board of Health. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the authorities of the city of Darien in this State, shall have full power to compel owners of wharves in the limits of said city, by suitable ordinances, to keep their wharves in good order, and to require all owners of improved lots within said city limits to construct and keep in repair, at their own expense, sufficient pavements, in front of their respective lots, of stone or brick, from Walker's store, at the head of Bay street, to Epping's old office, on both sides of the street, and of plank for the other places and streets in the city, and to prescribe such penalties for the non-compliance with such ordinances as are now allowed by the charter of said city, and by the several Acts amendatory thereof. Darien authorities of empowered to compel owners to repair their wharves, etc.

Page 264

SEC. II. Be it further enacted by the authority aforesaid, That in addition to such penalties as may be prescribed under the preceding section, it shall be lawful for the city authorities aforesaid, upon the failure, or refusal, of any wharf owner to keep his wharf, or wharves, in good order, or on like failure or refusal of the owner of any improved city lot or lots to construct, and keep in repair, suitable pavements in front of such lot or lots, of the character provided for in the first section of this Act, to give, through their Marshal, thirty days notice in writing to all such delinquent wharf or lot owners, requiring him, or them, to put in order his or their wharf or wharves, or to pave in front of his, or their, improved lots, as the case may be, which notice shall be served personally, or if such service shall be impossible by reason of the non-residence of the person or persons to whom the same is directed, then, by publishing the same for thirty days in the newspaper in which the city advertising is done; and, after the expiration of such notice, and upon the continued failure or refusal of any wharf owner, or owner of improved lot or lots, to comply with the requirements of such notice, then it shall be lawful for the authorities of said city to enter upon and put in order, or to pave and put in repair, the property of such delinquent wharf or lot owner, in the maner hereinafter authorized, at his or their expense; and the actual cost of all work done under the provisions of this section, by the city authorities, shall constitute a lien of the highest dignity (except liens for taxes) upon the wharves or lots so improved, which liens may be enforced by suit in the name of said city authorities against the owner or owners of the property so repaired or improved. In what cases authorities to have work done at expense of lot-owner SEC. III. Be it further enacted by the authority aforesaid, That the authorities of said city of Darien shall have full power upon the recommendation of the City Board of Health to adopt and enforce such ordinances as they may deem necessary, to secure the removal of all garbage, rubbish, filth, weeds, and undergrowth from unoccupied lots, within the limits of said city, at the expense of the owner or owners of such lots. And any owner of such unoccupied lot or lots, who shall fail or refuse, after ten days' notice, from the authorities aforesaid, to comply with the terms of such ordinance, shall be subject to such penalties as may be lawfully prescribed for the same. Authorities, upon recommendation of board of health, to remove garbage, etc., at expense of lot-owners. SEC. IV. Be it further enacted by the authority aforesaid, That the authorities of said city shall also have power, upon the recommendation of the City Board of Health, to prohibit the planting of rice, or the prosecution of any other business within the limits of said city, whereby the said may be overflowed, or water soaked, or drainage of said city obstructed; and such rice planting, or other injurious occupation may be abated as a nuisance, in the manner prescribed by law. City authorities, upon recommendation, to prohibit the [Illegible Text] of rice within the limits, etc. SEC. V. Be it further enacted by the authority aforesaid, That all

Page 265

laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved October 20th, 1879. CHARTER OF THOMASVILLE AMENDED. No. 245. An Act to amend an Act entitled an Act to amend an Act entitled an Act incorporating the town of Thomasville, and to grant certain privileges to the same, and to define its limits, approved March 3, 1874. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That section 1 of said Act, shall be amended by inserting in said section 1, after the words within the jurisdictional limits of said town, in the second line from the last of said section 1, the following: And to sell, convey, exchange, or lease the same, or any part thereof, or to donate, or apply the same, or any part thereof to any public educational, literary, or charitable association or purpose: Provided, that no property now belonging to said town, or which may be hereafter acquired by it, shall be sold, leased or donated, except with the concurrence of two-thirds of the town council, and the publication of such intention to sell, lease, or donate, with the description of the property to be sold, leased, or donated, and the consideration or purpose for which such sale, lease, or donation is to be made, for at least fifteen days before the consummation of the same. Section 1, Act recited in caption amended. SEC. II. Be it further enacted by the authority aforesaid, That said Act shall be amended by adding at the end of section 16: And shall have full power and authority to define and grant license to hucksters, auctioneers, peddlers, itinerant dealers or traders in goods, wares or merchandise, or chattles of any kind or description, who sell or offer to sell the same, in said town. Said Mayor and Council shall have full power and authority to punish all violations of ordinances made, and to be made, in pursuance of the authority herein granted, by fine. Section 16 of said Act, amended. SEC. III. Be it further enacted by the authority aforesaid, That section 21 of said Act, shall be amended by adding at the end of said section the following: And said Mayor and Council shall have full power and authority to levy and collect a tax not exceeding one per cent on the gross sales of live stock in said town, and they are hereby authorized to pass such ordinances as may be necessary for the assessment and collection of said tax. Section 21 of said Act, amended.

Page 266

SEC. IV. 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 they are hereby, repealed. Approved October 13, 1879. TOWN OF BELLTON INCORPORATED. No. 200. An Act to incorporate the town of Bellton, in the counties of Hall and Banks, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the town of Bellton, in the counties of Hall and Banks, be, and the same is hereby, incorporated as a town, under the name of the town of Bellton. Bellton incorporated. SEC. II. 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 depot of the Air-Line railroad, in said town. Corporate extent and limit. SEC. III. Be it further enacted by the authority of the same, That John B. King be, and he is hereby, appointed Mayor; and L. C. Carter, J. J. Bruce, J. B. Hughes, H. A. Sumner and E. S. V. Briant, be, and they are hereby, appointed Councilmen of said town of Bellton, to hold their offices until the first annual election, as hereinafter provided. Names of mayor and councilmen SEC. IV. Be it further enacted, That on the second Tuesday in December, 1879, and annually thereafter, on the same day, an election shall be held in the Council chamber, in said town, for a Mayor and five Councilmen, who shall hold their offices for one year, and until their successors are elected and qualified; but no one shall vote for, or be eligible to, the office of Mayor or Councilman of said town, who does not reside within the corporate limits thereof, and 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 county officers in this State, and the certificate of the managers shall be sufficient authority to the persons elected to enter on the discharge of the duties of the offices to which they have been elected. Elections for mayor and council, when to be held. Who eligible to vote or hold said offices. Elections, how held and results certified. SEC. V. Be it further enacted, That before entering on the discharge of their duties, the Mayor and each Councilman shall subscribe the following oath, which may be administered by any person authorized by the laws of this State to administer oaths: I do solemnly swear, that I will faithfully discharge all the duties devolving on me, as Mayor (or Councilman, as the case be) of the town of Bellton, according to the best of my ability, and understanding: So help me God.

Page 267

SEC. VI. Be it further enacted, That said Mayor and Councilmen shall have power and authority to elect such Marshals, Clerks and other subordinate officers as they may deem necessary, for carrying into effect the powers herein conferred upon them; to prescribe the fees and duties of such subordinate officers and require such bonds for the faithful performance of their duties, as they may deem necessary and proper. SEC. VII. Be it further enacted, That the Mayor and each of said Councilmen shall be ex officio a Justice of the Peace, and shall have full authority to issue warrants for any offense committed within the corporate limits of said town, and shall have power to compel the attendance of witnesses; to examine them under oath; to admit any offender to bail, or commit him to jail, for violation of the laws of the State, and to admit to bail, or commit to the guard-house, for violation of the ordinances of said town. Mayor and each councilman to be ex officio Justice of Peace. Powers and jurisdiction of. SEC. VIII. Be it further enacted, That said Mayor and Councilmen shall have power and authority to pass all ordinances and bylaws that they may deem necessary for the government of said town: Provided, They be not repugnant to the Constitution and laws of this State, nor of the United States. Powers of mayor and council defined. SEC. IX. Be it further enacted, That said Mayor and Councilmen shall have power to levy and collect a tax of not exceeding three-tenths of one per cent. upon all property, both real and personal, within the corporate limits of said town. They shall also have power to require all persons within said corporate limits, 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. To levy and collect tax. Regulate work on streets, etc. SEC. X. Be it further enacted, That the said Mayor and Councilmen shall have exclusive power to regulate the sale of intoxicating liquors in said town; to [Illegible Text] licenses or withhold them; to fix the fee for the same when granted, and to impose penalties upon any person selling liquors in said town without license. May regulate sale of liquor. SEC. XI. Be it further enacted, That the Mayor of said town, and in his absence, the Mayor pro tem., (who shall be elected by the Councilmen from their own number) shall be the chief executive officer of said town. He shall see that ordinances, by-laws, rules and orders of the Council, are faithfully executed. He shall have control of the police of said town, and may appoint special police, whenever he may deem it necessary; and it shall be his duty, especially, to see that the peace and good order of the town are preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all riotous and disorderly persons in said town. He shall have power to issue execution for all fines, penalties and costs imposed by him, or he may require the immediate payment thereof, and in default of immediate payment he may imprison the offender in the guardhouse of said town not exceeding thirty days. Mayor shall see to the execution of laws of said town. May issue executions, etc.

Page 268

SEC. XII. 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 in board how filled. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 2, 1879. CHARTER OF OXFORD AMENDED. No. 312. An Act to amend the Act incorporating the town of Oxford, in Newton county, approved December 23, 1839, and other Acts amendatory thereof, so as to empower the Commisioners of said town to enforce the collection of Street tax assessed, and fines imposed by said Commissioners, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatatives of the State of Georgia, That the Commissioners of the town of Oxford, in the county of Newton, shall have full power and authority to place upon the public works of said town, any person or persons convicted of a violation of the ordinances of said town, when said parties refuse or fail to pay a fine: provided said punishment shall not exceed ten days. Street tax and fines. SEC. II. Be it further enacted, That said Commissioners shall have full power and authority to enforce the collection of street tax by compelling persons to labor upon the streets or public works of said town. SEC. III. That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 18, 1879.

Page 269

CHARTER OF FORSYTH AMENDED. No. 247. An Act to amend an Act to consolidate, amend and codify the various Acts incorporating the city of Forsyth, in the county of Monroe, and the various Acts amendatory thereof, approved March 5, 1875, so as to allow the Mayor and Aldermen to levy and collect a tax on all professions, businesses and callings carried on in said city, and to separate the offices of Clerk and Treasurer of said city. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Mayor and Aldermen of the said city of Forsyth shall have authority, in addition to the ad valorem and specific taxes provided for by said Act, to make such assessments and levv such taxes on the inhabitants of said city, who transact of offer to transact business therein, and on such persons as live without the limits of said city, but who transact or attempt to transact business within the limits of the same, as said Mayor and Aldermen may deem expedient for the safety, benefit, convenience and advantage of said city. Authorities of Forsyth may levy and collect a specific tax on business, etc. SEC. II. Be it further enacted by the authority aforesaid, That if any person or persons shall fail or refuse to pay the tax imposed according to this Act, the said Mayor and Aldermen shall have authority to proceed to collect said tax, in the manner and by the means pointed out in the original Act, of which this Act is amendatory. Specific tax. SEC. III. Be it further enacted by the authority aforesaid, That the Council of said city of Forsyth may separate the offices of the Clerk and Treasurer, and elect different persons to the same, if in their discretion they deem it best for said city. Officers clerk and treasurer. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved October 13, 1879.

Page 270

CHARTER OF RIDDLEVILLE AMENDED. No. 310. An Act to amend an Act chartering the Board of Trustees of Mt. Vernon Institute, and incorporating the town of Riddleville, in Washington county, Ga., approved December 17, 1859, and creating a new Board of Commissioners, giving them certain privileges, etc., and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, that section 2, of an Act incorporating the town of Riddleville, approved December 17, 1859, be so amended as to take the municipal government of said town out of the control of the resident trustees, and invest the same in five Commissioners, to be elected by the legal voters of said town, which Commissioners are hereby invested with all the rights, powers and privileges conferred upon them by the provisions of this Act. Town authority vested in five elective Commissioners. SEC. II. Be it further enacted, That the first election for Commissioners under this Act, shall be at the Institute building in said town of Riddleville, on the first Saturday in November next after the passage of this Act; and the Commissioners so elected shall hold their office till the first Saturday in February, 1880, on which day, and annually thereafter, on the first Saturday in February, there shall be held an election for five Commissioners of said town, who, when elected, shall hold their office for one year, or until their successors are elected and qualified; at said election, all citizens qualified to vote for members of the State Legislature, who shall have paid all taxes required of them by the town authorities, and who shall have resided one month next preceding the day of election, within the corporate limits of said town, shall be entitled to vote, and none others. The superintendents at said election shall be such as are now required by law in elections for State and County officers. It shall be the duty of the Commissioners elect, to attend at the Council room in said town, within ten days after their election, and be sworn by some officer qualified to administer oaths, to faithfully perform their duties as Commissioners of the town of Riddleville, and shall at once enter upon their duties as such. They shall elect from their own body a Chairman and a Secretary, who shall be ex-officio Treasurer; and they shall elect a Marshal not of their own body, and may pay their Treasurer and Marshal a reasonable compensation for their services. And in case of a vacancy in said Board of Commissioners, the Chairman shall advertise, at least ten days, an election to fill said vacancy. In case of malpractice, or abuse of power in any one of the Commissioners,

Page 271

or officers, of said town, he or they shall be subject to indictment by the Superior Court of Washington county, and on conviction, shall be fined in a sum not more than fifty dollars. Term of office. Annual elections. Qualified voters. Commissioners to elect chairman and secretary. SEC. III. Be it further enacted, That this Board shall have power to levy and have collected, taxes on every species of property, situated, owned, and being within the limits of said town, real and personal, sufficient to pay the current expenses of the municipal government thereof; said tax not to exceed one-half of one per centum on the ad valorem value of said property. They shall also have power to tax shows, circuses and exhibitions. Commissioners may levy and collect taxes SEC. IV. Be it further enacted, That the Board of Commissioners of said town of Riddleville shall have full power and authority to remove, or cause to be removed, any building, porch, fence, or other obstruction or nuisance, which is or may hereafter be made in the streets or side-walks of said town, as also to remove, or have removed, any shop, forge, store, engine, chimney, or anything else which may be deemed a nuisance. Obstruction to streets or sidewalks. SEC. V. Be it further enacted, That the Commissioners shall have power to establish and regulate a town police, and the said police or Marshal of said town shall be authorized to arrest all disorderly persons within said town without a warrant to arrest. May establish police force. SEC. VI. Be it further enacted, That when arrests are made by the Marshal, it shall be the duty of the chairman of the Commissioners to call a meeting of the council and try the offender, if the crime committed be a violation of the ordinances of said town. Offenders, how, when and by whom tried. SEC. VII. Be it further enacted, That the Commissioners of the town of Riddleville, or a majority of them, be, and they are hereby, vested with the power to punish violators of their ordinances by fine and imprisonment, or either of them; the fine imposed by them not to exceed fifty dollars, and the imprisonment not to exceed ten days. Commissioners may punish for violation of ordinance. SEC. VIII. The fines imposed under the foregoing section shall be collected by the Marshal of the town, or by any lawful officer of the county of Washington, in the same manner as money is collected by the Sheriff of said county. Fines, how collected. SEC. IX. The imprisonment imposed by the foregoing section 7, shall be in the guard-house in said town, if any; if there is no guard house, then in the common Jail of the county. The Commissioners paying to the Jailor the usual fees paid by the county, no expense shall ever, in any case, be a charge on the county Treasury. Offenders, where imprisoned. SEC. X. Be it further enacted, That Commissioners shall have full authority to open the streets that are now enclosed by the citizens of said town, or sell the land belonging to these streets, and the money arising from said sale shall be for the use of the town. Commissioners may open enclosed streets or sell land. SEC. XI. That the Commissioners have full power to open or close any street belonging to said town, which is now in use or

Page 272

has been in use since the town was incorporated, December 17, 1859. May open or close streets of town. SEC. XII. And be it further enacted, That the corporate limits of the town of Riddleville shall be one-half mile in every direction from the crossing of Broad and Taylor streets, and the jurisdiction of the Commissioners shall extend over the whole area embraced within that distance. They are hereby authorized to take charge of, and keep in good repair, all streets and public roads which are in the incorporation, and for this purpose they shall have the power to levy an extra tax, not exceeding two dollars a year, on all persons residing in the corporate limits, subject by the laws of this State to work on roads, or as often as neccessary to call out such persons to work on the roads and streets, as the by-laws and ordinances may direct. Corporate extent defined. SEC. XIII, Be it further enacted, That all persons [Illegible Text] within the limits of said incorporation shall be exempt from other road duty under the State laws. Residents exempt from road duty. SEC. XIV. And be it further enacted, That nothing in this Act shall apply directly or indirectly, or be so construed, as to in any way whatever interfere with the Acts of December 17, 1859, and December 6, 1866, regulating the sale of spirituous liquors, and the obtaining of license for the sale of it in the area of a circle, within the radius of three miles from the Mount Vernon Institute building. Not to affect the Act of Dec., 17, 1859, or the Act of Dec. 6, 1866. SEC. XV. Be it further enacted, That the Commissioners shall have full power to establish any ordinance for the government of the town not in conflict with any section of this law, and which does not conflict with the Constitution of the State of Georgia and power to impose the same. SEC. XVI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. CHARTER OF ROME AMENDED. No. 303. An Act to Amend an Act incorporating the city of Rome, and the several Acts amendatory thereof, so as to extend the provisions of the same over the City Park located north of said city, and to alter the limits of the town of Forestville, so as to include a part thereof, within the corporate authority of the city of Rome. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That the Act incorporating the city of Rome, in this

Page 273

State, and the several Acts amendatory thereof be, and are hereby amended so as to extend the provisions of the same, and the corporate authorities of the city of Rome over the City Park to be located north of said city on grounds conveyed, or to be conveyed, by William H. Mitchel land others to said city, or city authorities, for that purpose, and to so alter the limits of the town of Forestville, as to take from Forestville and include within the corporate authority of the city of Rome so much of the ground now within the corporate limits of Forestville, as may be included within the limits of said City Park, and that the Act incorporating said city, and Acts amendatory thereof, and the corporate authority of said city of Rome are in like manner extended over, and made to include, the public street or highway, as now, and heretofore, laid out and used as such from the north end of Broad street in said city to the said City Park. Act [Illegible Text] in title, so amended as to extend its provisions over the city park. Jurisdiction of city of Rome extended over a certain street. SEC. II. 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 October 18, 1879. CHARTER OF SENOIA AMENDED. No. 223. An Act to consolidate, amend and supersede the several Acts incorporating the town of Senoia, in the county of Coweta; to repeal conflicting laws; to provide for a Mayor and Council, prescribe their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act the following shall be the charter of the town of Senoia, in the county of Coweta: Declared to be charter of Senoia. SEC. II. Be it further enacted, That the corporate limits of said town shall extend one-half mile in every direction from a point where Barnes' Avenue touches the Savannah, Griffin and North Alabama Railroad, and known as the center of said town as first located. Limits of said town declared and defined. SEC. III. Be it further enacted, That the government of said town shall be vested in a Mayor and four Councilmen, and until the expiration of the term of office for which the President of Commissioners and Commissioners for said town, now in office, said President shall be Mayor, and said Commissioners shall be Councilmen; after which the Mayor and Councilmen shall be elected on the first Saturday in January each year, and hold their respective offices for the term of one year next thereafter, and until their successors are elected and qualified. Said

Page 274

election shall be held under the same rules and regulations, so far as applicable, that govern elections for county officers; but the returns thereof shall be made to the Ordinary of said county, and all contests concerning the same shall be before said Ordinary, and determined by him, as in other cases of contest, but no such contest shall be allowed or heard by him unless begun within five days after the election, and the managers of such elections shall issue certificates of election to such persons as shall receive the highest number of votes. But no person shall be eligible to either of said offices, nor qualified to vote at such elections who shall not, at the time he is elected, or offers to vote, have been a bona fide citizen of said town thirty days next prior thereto, and shall have paid all taxes and lawful fines due by him to the authorities of said town, and performed all street work which shall have been lawfully required of him, and who shall be qualified to, vote for members of the General Assembly of this State. Government of said town how vested. Returns made to Ordinary. Certificates of election by whom issued. SEC. IV. Be it further enacted, That before entering upon their official duties, said Mayor and Councilmen shall each be sworn faithfully and impartially to discharge the duties of his office to the best of his ability, and they shall constitute a body corporate, with power to sue and be sued in the courts of this State; to purchase, hold and convey property, and to contract and be contracted with, so far as may be necessary for the proper management of the affairs of said town, and may make all needful 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; may establish, open, change and abolish streets in said town as the public interest may require, and shall keep in good order, and repair the streets and sidewalks of said town, and may require and compel the persons residing in said town subject by law to road duty, to work on said streets and walks, not to exceed fifteen days in each year, but may receive in lieu thereof, to be expended upon said streets, a commutation fee from such persons, not to exceed three dollars; but such persons shall not be liable to road duty out of said town. Said Mayor and Councilmen shall have power to levy and collect, not exceeding fifty per cent. of the State tax on all property in said town subject to State tax, and may levy and collect a tax on shows and exhibitions for gain, peddlers, itinerant traders, drays, livery or sale stables, horses, or vehicles for hire, or transportation, in said town, warehouses and weighing of cotton, auctioneers, market houses, billiard tables, pool tables, bagatelle tables, ten-pin alleys, and other establishments for amusem*nt and gain; also the sale of spirituous or malt liquors, and the license fee for the sale of spirituous liquors shall not be less than one hundred and fifty dollars per year, and all laws heretofore passed prohibiting the sale thereof in said town are hereby repealed. They may also collect a tax, not to exceed one per cent. on the gross sales of commercial fertilizers, by principal or agent,

Page 275

in said town. Said Mayor may hold police courts, try offenders for violation of all lawful rules and regulations prescribed for the government of said town, and may punish violations of the same, by such fine and imprisonment, or work on the streets of said town, or either, as may be prescribed by said Mayor and Councilment, not to exceed in fine thirty dollars, or work or imprisonment thirty days, and when sitting as a court may fine for contempt not exceeding five dollars, or imprison, during such court, not exceeding a day for each contempt, but from all decisions of such Mayor, imposing penalties for violations of such rules and regulations, there may be an appeal to the Mayor and Councilmen. Oath of office. Appeals allowed from mayor to mayor and councilmen. SEC. V. Be it further enacted, That said Mayor and Councilmen may appoint a Secretary, Treasurer and Marshal, and prescribe their duties, not inconsistent with this Act and the laws of this State, and require and take such bonds or bond as they may deem proper of such officers, or either of them, and fix their compensation. Secretary, treasury and marshal, how appointed. SEC. VI. Be it further enacted, That said Mayor and Councilmen shall keep, or cause to be kept, open to the inspection of the citizens of said town, a record of its proceedings in full, and a full and itemized statement and account of all moneys received from every source, and paid out or expended for any purpose, and showing amount on hand. Mayor and council shall keep record of proceedings subject to inspection. SEC. VII. Be it further enacted, That in the event of the absence or sickness of the Mayor, or when for other reason he cannot act, said Councilmen may select one of their number Mayor pro tem. May elect mayor pro tem. SEC. VIII. Be it further enacted, That said Marshal, Secretary or Treasurer may be removed by said Mayor and Councilmen for neglect of duty or for official misconduct. Removal from office. SEC. IX. Be it further enacted, That vacancies in the office of Mayor or Council may be filled by the remaining Councilmen until an election shall be held on such day as may be designated by the Mayor and Councilmen, of which they shall give twenty days' notice, by posting notices thereof at not less than three public places in said town. Vacancieshow filled. SEC. X. Be it further enacted, That said Mayor and Councilmen may impose fines not to exceed those allowed by the Code of this State in similar cases for neglect of strict duty, after reasonable notice, and may collect the same, and also collect lawful taxes by executions to be issued by said Mayor and enforced by the Marshal. Power of mayor and council as to collection of fines and taxes. SEC. XI. Be it further enacted, That before said Mayor and Councilmen shall grant license to any one to sell spirituous or malt liquors in said town, they shall require each person to give bond and take oath, as is required by the laws of this State in such cases. Oath and bond required. SEC. XII. Be it further enacted, That said Treasurer, Secretary

Page 276

and Marshal shall each make quarterly reports of all their actings and doings to said Mayor and Councilmen, which shall be subject to the inspection of the citizens of said town. SEC. XIII. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. To make quarterly reports. Approved October 8, 1879. CORPORATE LIMITS OF FORESTVILLE DIMINISHED. No. 333. An Act to amend an Act incorporating the town of Forestville, in the county of Floyd, so as to limit and diminish the boundaries of said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be so amended as to limit the corporate line of Forestville, in the county of Floyd, on the south side of said town, so as to commence at a point on the Calhoun road, where the land of J. M. Elliott corners, and making the east and west line of said Elliott the corporate line on that side of the town. Corporate limits of Forestville how limited and [Illegible Text] SEC. II. Be it further enacted, That by the authority aforesaid, all laws in conflict with this Act are hereby repealed. Approved October 18, 1879. CITY LIMITS OF SAVANNAH EXTENDED. No. 331. An Act to extend the corporate limits of the city of Savannah. SECTION I. 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 corporate limits of the city of Savannah shall be extended as follows: The present western limits of the city shall be extended west along the river bank twenty-five hundred feet; thence south from the river bank three hundred feet; thence east to intercept the line of the present western corporate limits of the city; and that the present eastern limits of the city of Savannah shall be extended east along the river bank nine hundred and fifty-eight feet, and thence south from the river bank three hundred feet, and thence west to intercept the line of the present eastern corporate limits of said city. Corporate limits of Savannahhow extended.

Page 277

SEC. II. Be it further 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 October 18, 1879. CHARTER OF SOCIAL CIRCLE AMENDED. No. 186. An Act to amend an Act entitled an Act to incorporate the town of Social Circle, in the county of Walton, and to appoint Commissioners for the same, and to point out the mode of electing Commissioners, etc., and for other purposes, approved March 18, 1869, wherein the taxing power conferred by said Act, incorporating said town, shall be enlarged; and further incorporate powers and privileges, herein named, may be exercised by said town. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 2 of said Act, which reads as follows; That A. M. Colton, C. H. Shipp, J. T. Eckles, DeKalb Reynolds and G. W. Garrett be, and they are hereby, appointed Commissioners of said town, who shall at their first meeting elect from their body a President, Treasurer and Clerk, and appoint a Marshal and all other officers that they may think proper to carry this Act into full execution, and the said Commissioners and President, and their successors in office, are hereby declared to be a body corporate and politic, under the name and title of the Commissioners of the town of Social Circle, and by that name be empowered to sue and be sued, implead and be impleaded in any of the Courts of this State, and the said Commissioners, 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, or of the United States; shall be amended so as to read after the words Commissioners and President in the seventh line: any one of whom may act as the President of said body and hold a Commissioner's Court, impose fines or penalties, and from whose decision or judgment, the right of an appeal may be taken to the full Board, consisting of five Councilmen, etc. Social Circle, Act of incorporation amended, and Commissioners Court established. SEC. II. Be it enacted, etc., That section 3 of said Act, which reads as followsThat the said Commissioners, appointed as aforesaid, shall hold their office until the first day of January, 1870, and until their successors are elected and qualified; said election

Page 278

shall be held on the first Monday in April, 1870, and annually thereafter, and all persons within said corporate limits, who are by law entitled to vote for members of the General Assembly, shall be entitled to vote for said Commissioners. Said election shall be conducted by two free-holders, who reside within the said corporate limits, and if, from any cause, said election shall not be held at the time herein specified, then it shall be lawful to hold it on any other day the Commissioners, or a majority of them, may direct; and in case of a vacancy by death, resignation or otherwise, said Commissioners shall have power to order an election to fill said vacancy; said election shall be conducted as herein-before specified, ten days' notice being first givenshall be amended so as to read after the words as aforesaid in the first line, who shall hold their offices until the first Wednesday in December, 1879, and until their successors are elected and qualified. Said election shall be held on the first Wednesday in December, annually, thereafter, etc. Commissioners, term of office, election, etc. SEC. III. Be it enacted, etc., That section 4 of said Act, which reads as followsThat the said Commissioners shall have power to levy a tax annually of not more than twenty dollars upon each grocery or retail liquor shop, ball alley, billiard table, or any other table of like character, which may be set up in said incorporation. They shall also have power to levy a tax, not exceeding twenty-five dollars, on all shows that may be exhibited within said incorporationshall be so amended as to read after the words not more than, in the second line, fifty dollars upon each grocery or retail liquor shop, and upon all ball alleys, ten pin alleys, billiard tables, or any other table of like character, that may be set up in said corporation for profit, not more than twenty nor less than ten dollars. They shall also have power to levy a tax, not exceeding twenty-five dollars, on all shows that may be exhibited within said incorporation; and shall have the further power to levy a tax, not exceeding ten dollars on all draymen, and upon all itinerant peddlers. Commissioners powers of, to levy certain taxes. SEC. IV. Be it enacted, etc., That section 5 of said Act, which reads as follows: That the said Commissioners shall have power, by their Clerk, to issue execution or enforce the payment of all taxes, fines, debts due to said incorporation in their corporate capacity, bearing test in the name of their President, and be directed to the Marshal, whose duty it shall be to levy said execution on any of the property belonging to the defendants that may be found in Walton county, shall be amended by adding the following: The Clerk shall be the receiver of all taxes fines, debts, and costs due said incorporation; and the Marshal shall be the collecting officer of said incorporation. Taxes, etc., how collected. SEC. V. Be it enacted., etc, That section 6 of said Act, which reads as follows: That all moneys that may be collected by said corporation, by virtue of this Act, (except their fees hereinafter

Page 279

mentioned) shall be paid into the hands of the Treasurer, to be applied by him as the Commissioners may direct, for the benefit of the citizens of said corporation, shall be amended by adding the following: Provided, the Clerk's fees shall not exceed the costs allowed by law to Justices of the Peace for like services, and the sum of one dollar for all license issued by said officer, including the bond and oath of applicant; and the Marshal shall be allowed the same fees which the Bailiffs are allowed by law for like services only when said officer is required to levy and sell real estate then to his costs shall be taxed the advertising fee. How expended. Clerk and marshal, fees of. SEC. VI. Be it enacted, etc., That section 7 of said Act, which reads as follows: That the said Commissioners shall be allowed the same fees as Justices of the Peace for the like services, and the Marshal shall be allowed the same fees which the Sheriff is allowed by law for like services, shall be entirely repealed. Act of incorporation repealed. SEC. VII. Be it enacted, etc., That section 8 of said Act, which reads as follows: That said Commissioners, and all officers appointed by them, shall before entering upon the duties of their office, take and subscribe the following oath: That I will to the best of my ability, discharge the duties of a for the town of Social Circle, during my continuance in office, and that I will support and defend the Constitution of the State, and of the United States. So help me God: shall be amended by adding the following: That each officer shall within twenty days after his election or appointment, and before entering upon the duties of his office, take and subscribe said oath of office as set forth in said section, before any person authorized by law to administer oaths, which oath shall be filed with the Clerk of said town. Oath of Officers. SEC. VIII. Be it enacted, etc., That section 9 of said Act, which reads as follows: That said Commissioners 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 ordinances of said corporation: Provided, That the said fine shall at no time exceed the sum of five dollars and that the term of imprisonment shall not exceed five days, shall be amended so as to read in lieu of the words, five dollars: from one to twenty-five dollars, and in lieu of the words five days: from one to ten days; and that either Commissioner, acting as President, may impose said fine or penalty, with right of appeal fully secured to the accused, as hereinbefore provided. Fines and penalty: SEC. IX. Be it enacted, etc., That section 11 of said Act, which reads as follows: That said Commissioners shall have power to levy a capitation tax of not more than two dollars on every person within the limits of said corporation, who is subject to road duties, which tax shall be in lieu of said duties, and have such power to levy such tax on real property (not exceeding one-third of the State tax) as they may think necessary to advance the interest and promote the welfare of the citizens within said incorporation, shall

Page 280

be repealed, and the following enacted in lieu thereof: That every male resident of said town not under sixteen, nor over fifty years of age, shall, if required by the said Commissioners, work not exceeding fifteen days by himself, or an accepted substitute, on the roads, streets and alleys of said town under the direction of the said Commissioners; or may be released from such work upon payment of such sum as may be fixed by the said Commissioners: provided, the amount so assessed shall not exceed the sum of two dollars for every day's neglect or refusal to work, and the money so paid shall be used in the improvement of the roads, streets and alleys of said town; and the said Commissioners of said town shall cause to be annually made up and entered upon its journal an accurate estimate of all sums which are or may be lawfully chargable on said town, and which ought to be paid within one year; and shall order a levy of so much as may in its opinion be necessary to pay the same, the levy so ordered shall be upon all dogs in said town, and upon all the personal and real property therein, subject to State and county tax: provided, the tax so levied shall not exceeed one-third of one per centum of the value thereof, and fifty cents on each dog. Section 11 of said Act repealed. Street tax. General tax. Proviso. SEC. X. And be it further enacted, etc., That the Marshal whenever required to sell real property, shall sell the same in said town under the law governing Sheriff's sales: provided, he shall have advertised the same for sale, in a newspaper published in said town, if any, and if none, then in the gazette in which the official business of said county is advertised; but when said Marshal shall be required to sell personal property he shall levy and sell under the law governing sales of personalty by Constables. property, how made. SEC. XI. Be it further enacted, etc., That the Marshal, Clerk and Treasurer, each of whom, when appointed, shall enter into a bond, with sufficient sureties, approved of by the President, in such penalty as the said Commissioners shall prescribe, payable to the corporation, conditioned faithfully to collect and pay over, as required by the said Commissioners, all taxes, fines, forfeitures, and other incomes of said corporation, reserving their costs only; which said bonds shall be filed with the Clerk of said town. Marshal, clerk and treasurer, bond of, etc. SEC. XII. Be it further enacted, etc., That the Marshal of said town shall receive such compensation for his services as may be fixed by the said Commissioners, which shall not be increased or diminished during his term of office; only he shall be allowed his costs; and the Clerk of said town shall be allowed his costs. Commissioners to fix marshal's compensation, clerk's costs. SEC. XIII. Be it further enacted, etc., That whenever said Commissioners shall deem it prudent, wise, expedient, and for the best interest of said town, to open, alter, or increase the streets and alleys of said town, they may submit the same to the vote of said town, and whenever a majority vote shall approve the same, they may order the same opened, altered, or increased, as the case may be: Provided, the said Commissioners shall have first submitted

Page 281

the question of damage, or damages, to three disinterested citizens, residen within the said incorporate limits, who shall fix and determine the amount due by said corporation to the citizen, or citizens, to be affected by such street or alley; and in choosing the persons to whom the question of damage shall be submitted, the Commissioners of said town may select one, and the party or parties affected select another, and the two referees, so selected, shall name a third; and their decision shall be final and conclusive. Streets and allys, opening of, vote to be submitted to the town, etc. SEC. XIV. Be it further enacted, etc., That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 30, 1879. SALARY OF JUDGE OF CITY COURT OF ATLANTA. No. 233. An Act to amend an Act entitled an Act to establish a City Court in the city of Atlanta, approved December 15, 1871, approved December 15, 1874, so as to provide that the Judge of said Court shall receive a salary of two thousand dollars per annum. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section 4 of an Act to amend an Act entitled an Act, to establish a City Court in the city of Atlanta, approved December 15, 1871, approved February 25, 1874, approved March 4, 1875, fixing the salary of the Judge of the City Court, of Atlanta, be so amended as that hereafter the Judge of said city Court, shall receive a salary of two thousand dollars and no more. Act recited in caption so amended as to increase the salary of Judge of City Court, of Atlanta, to $2000 per annum. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 8, 1879. CITY OF ATHENS MAY BUILD CISTERNS. No. 106. An Act to authorize the Mayor and Council of the City of Athens, to use the money paid by the Southern Mutual Insurance Company, of Athens, Ga., as taxes and gross preminums for the year 1879, for the purpose of building cisterns in the city of Athens. SECTION I. The General Assembly of the State of Georgia enacts, That the Mayor and Council of the city of Athens, shall have

Page 282

power to use the tax paid on gross premiums by the Southern Mutual Insurance Company, of Athens, Ga., to the city of Athens for the year eighteen hundred and seventy-nine, for the purpose of building cisterns in said city of Athens. City of Athens may build cisterns. SEC. II. Be it further enacted by the authority aforesaid, That all laws conflicting with this Act are hereby repealed. Approved September 8, 1879. MAYOR AND COUNCIL OF MACON MAY ISSUE BONDS. No. 48. An Act to authorize the issue of interest bearing bonds by the Mayor and Council of the city of Macon, for refunding the present bonded debt, and funding that part of the floating debt of the city of Macon, herein specified, to provide for the sale and exchange of said bonds, through a commission, to redeem and pay off said bonded and floating debt; to provide for the levy and collection of a tax for the payment of the principal and interest of said bonds; and to prescribe the manner in which said bonds shall be issued and paid off, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the Mayor and Council of the city of Macon are hereby authorized for the purposes herein specified to issue the bonds of the city of Macon under the said corporate name, not exceeding in all the amount of seven hundred and fifty thousand dollars. May issue bonds not exceeding $750,000. SEC. II. That said bonds shall be of such denominations, not less than one hundred dollars, as the said Mayor and Council may determine; shall run for the period of thirty years from the first day of January eighteen hundred and eighty, and shall bear interest at the rate of six per centum per annum, payable quarterly, upon interest coupons, or warrants. Said bonds shall be executed by the official signatures of the Mayor and Treasurer of the city Macon, and by having affixed the corporate seal of the said city of Macon. The coupons or interest warrants shall be signed by the Treasurer of the city, and each coupon or interest warrant shall indicate the bond to which it belongs. The Board of Commissioners shall keep a record of the numbers and denominations of all the bonds issued, and shall cause each of said bonds to be countersigned by the President of said Board before the same is negotiated. Bonds not to be less than $100. Record of bonds. SEC. III. The said bonds herein authorized to be issued shall be used exclusively for refunding the principal of the present bonded debt of the city of Macon, and for funding that part of the

Page 283

principal of the floating debt of the city of Macon, existing prior to the fifth day of December, eighteen hundred and seventy-seven. Issued to fund bonded and floating debt. SEC. IV. To pay the interest which shall accrue on said bonds issued under the provisions of this Act, and to provide a sinking fund which shall be expended as herein directed, the Mayor and Council of the city of Macon shall levy and collect annually, during the full term of thirty years, a tax of three-fourths of one per centum upon all the property real and personal in the city of Macon, which said tax shall be separately levied and separately collected for the specific purpose, herein designated, and shall be used or applied to no other purpose whatever. Tax to be levied. SEC. V. The principal of said bonds, when they shall become due, and the coupons, or interest warrants of the same, when they shall become due, shall be receivable by the city of Macon in payment of all dues to the city of Macon; and said bonds shall be non-taxable, directly or indirectly, by the city of Macon. Bonds and coupons are non-taxable. SEC. VI. To enable the Mayor and Council of the city of Macon to levy and collect annually the said tax of three-fourths of one per centum, herein authorized, in addition thereto the said Mayor and Council are hereby authorized to levy and collect a tax of one half of one per centum upon the real and personal property in said city, so that the entire tax for all purposes, upon the real and personal property in said city, shall not exceed one and one-quarter per centum per annum; of which total ad valorum tax, the tax of three-fourths of one per centum shall be separately levied and collected, for the purposes herein provided. After the year eighteen hundred and seventy-nine, the entire amount levied and collected by the Mayor and Council of the city of Macon, as business and license tax, shall not exceed a total of fifteen thousand dollars per annum. Tax on property, how levied and collected. Business and license tax limited to $15,000 per annum. SEC. VII. That for the purpose of disposing of the bonds herein authorized to be issued, and of paying out the money arising from said tax of three-fourths of one per centum, there is hereby created a Board of Commissioners, to be known as the Commissioners of the bonded debt of the city of Macon. The Commission shall be composed of nine citizens of Macon, who shall be tax payers, and who shall serve during good behavior and residence in the city. John E. Jones, Asher Ayres, John W. Burke, Richard F. Lawton, John P. Ford, Henry L. Jewett, I. C. Plant, William H. Ross, and J. F. Hanson, are hereby appointed said Commissioners. All vacancies among said Commissioners shall be filled by election by the said Board of Commissioners. In addition to the nine members of said Commission, the Mayor of the city of Macon, and the Chairman of the Finance Committee of the Council for the time being, shall be ex officio Commissioners on said Board of Commissioners, but shall have no vote in the filling of any vacancy among the members of said Board of Commissioners. Any member of said Commission, who shall be at any time elected to the office

Page 284

of Mayor or Alderman of the city of Macon, other than said ex-officio members, shall, ipso facto cease to be a member of said Board of Commissioners. The decision of any question by said Board, except the filling of vacancies in said Board, shall require the concurrence of a majority of the whole of said Board. Board of commissioners. Vacancies in board, how filled. Mayor and chairman of finance committee ex-officio commissioners. SEC. VIII. The said Commissioners shall elect from their number a President of said Board, who shall hold his office for the term of two years, and until his successor is elected. The Clerk of the Council of the city of Macon, 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 Macon, shall keep correct accounts of the receipts and disbursem*nts of said Board of Commissioners. Said records and accounts shall be kept in books separate from the of the city, and shall at all times be open to examination and inspection by the public. President of board to be elected for term of two years. Books to be open for inspection of citizens. SEC. IX. That the Treasurer of the city of Macon shall, upon the official books of the city, open an account with said Commissioners, and shall, so soon as received, pass to their credit all of the money collected under said three-fourths of one per centum tax herein provided for, and [Illegible Text] 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 President of said Board of Commissioners. Duties of city treasurer. SEC. X. Said bonds, when executed as herein provided, shall be delivered by the Mayor of the city of Macon to the said Board of Commissioners. The said Commissioners shall dispose of said bonds, or so much thereof as may be necessary, in the following manner: They are hereby authorized to exchange at par the said bonds for the principal of any other bonds heretofore issued by the Mayor and Council of the city of Macon, whether the same are due, or have not matured. Said bonds heretofore issued by the Mayor and Council of the city of Macon, and thus received by the said Commissioners in exchange for bonds herein authorized to be issued, and said bonds heretofore issued, which may be purchased by said Commissioners, shall be canceled by said Commissioners and delivered to the Mayor and Council. The said Commissioners are further authorized to issue and bonds at par in settlement of the floating debt of the city of Macon, existing prior to the 5th day of December, 1877, to the holders of said debts, provided said debts shall be first approved by the Mayor and Council of the city of Macon. The said Commissioners shall be further authorized to sell said new bonds and to purchase with the proceeds of said sale, old bonds of the city, in their discretion as they may deem most for the interest of the city: Provided, that in no event, shall the principal of the bonded debt of the city of Macon be increased by such sale and purchase. Any and all profits which may arise out of the sale of any of the new

Page 285

six per cent bonds, and the purchase of the old seven per cent bonds, shall first be applied to such adjustment of the claims of parties who may hold past due bonds of the city of Macon, as may be regarded by the Commission as just and equitable, and any balance which may remain, shall be added to the sinking fund. Mayor to deliver bonds to board of commissioners. Cancellation of bonds. Principal of bonded debt of city in no event to be increased by transactions of commissioners. SEC. XI. That the said tax of three-fourths of one per centum shall be paid and collected only in lawful money of the United States, and in the said six per cent. bonds, issued under this Act. when matured, and in the coupons or interest warrants of said six per cent. bonds; and so much, as may be necesary, of the tax received in the collection of said tax of three fourths of one per centum, shall be used by the said Commissioners in the payment, each quarter, of the maturing interest coupons, or warrants of the said six per cent. bonds herein authorized to be issued; and the remainder of the money so received from the collection of said tax, which shall remain each quarter after the payment of said maturing interest warrants or coupons, shall be held by said Commissioners as a sinking fund for the payment of the principal of the said six per cent. bonds of the city of Macon, herein authorized to be issued, which said sinking fund shall be managed and disbursed by said Commissioners as herein provided. Tax payable only in lawful money of the United States, and said 6 per cent bonds or coupons. Sinking fund. SEC. XII. That the money belonging to said sinking fund shall, from time to time, as said Commissioners shall deem best, be invested in the purchase of said six per cent. bonds issued under this Act, and the same shall not be otherwise invested. Each of said bonds so purchased by the Commissioners, shall be registered on the books of the Treasurer of the city of Macon, in the name of said Commissioners, and shall have plainly entered on the same, to be signed by the President of said Board of Commissioners, the following, viz: This bond is the property of the Commissioners of the bonded debt of the city of Macon, and has been so entered on the books of the Treasurer of said city, and is not transferable. Sinking fund, how invested by commissioners. SEC. XIII. That the Mayor and Council of the city of Macon, shall continue to pay to the said Commissioners, out of the money received from said tax of three-fourths of one per centum, the interest coupons, or warrants of the said bonds so purchased, and held by them, until the expiration of the thirty years mentioned in the second section of this Act, which money so received by said Commissioners in payment of interest accruing on the said bonds thus purchased and held by them, shall constitute a part of said sinking fund, and be used and disbursed as provided in the eleventh and twelfth sections of this Act. At the expiration of the said thirty years, the said six per cent. bonds so purchased, and any part of said fund not disposed of, shall be delivered and paid by the said Commissioners, to the Mayor and Council of the city of Macon, who shall cancel and destroy said bonds, and appropriate said uninvested fund to the payment of the principal and interest of any of said six per cent. bonds which shall then remain unpaid.

Page 286

SEC. XIV. That said Commissioners shall on the first day of November of each year, make to the Mayor and Council of the city of Macon, a report in writing of their actings and doings under this Act, as said Commissioners, including an account of their receipts and disbursem*nts of money received. Commissioners shall make report to the mayor and council. SEC. XV. The terms of this Act shall constitute an inviolable contract, between the Mayor and Council of the city of Macon, and every purchaser and holder of any bond authorized and issued by and under this Act. Terms of this Act. SEC. XVI. This Act shall be printed in full upon the back of each bond herein authorized to be issued. SEC. XVII. That all laws and parts of laws militating against this Act be, and the same are hereby repealed. Approved August 15, 1879. PUBLIC SCHOOLS OF THE CITY OF WEST POINT. No. 43. An Act to amend an Act entitled an Act to authorize the city of West Point, in Troup county, to organize a Public School System independent of the Public School System of the State of Georgia, by changing the number of Commissioners from seven to nine, to fix their terms, of office, and to prescribe for the manner by which elections for Commissioners may be provided for, and to provide for elections to fill vacancies occurring in said Board. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section second of the above recited Act be so amended as to read as follows: That the word seven in the fourth line of said section be stricken out, and the word nine be inserted in lieu therof, so as to read nine members instead of seven members, and that said nine members when elected, and at their first meeting after the next [Illegible Text] election, shall decide by lot what three of the members so elected shall hold their office for only one year, and what three shall hold their office for two years, and what three shall hold their office for three years; and their respective terms of office shall be for those terms, respectively. School commissioners, for West Point. SEC. II. Be it further enacted by the authority aforesaid, That said CityCouncil of said city of West Point shall provide for the annual election of three members of said Board thereafter, and should any vacancy occur by death, removal, resignation or [Illegible Text] the said City Council are hereby empowered to order an election to fill said vacancy. Annual elections.

Page 287

SEC. III. Be it further enacted, That the third section of the above recited Act, shall be so amended that the words (and shall) be placed between the words to, and [Illegible Text] in the third line of said section, so as to make said third line read: are hereby empowered to, and shall annually, levy and collect a tax, etc. Section 3 of Act, amended. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved August 9, 1879. PUBLIC SCHOOLS OF CITY OF CARTERSVILLE. No. 189. An Act to establish a system of Public Schools for the city of Cartersville, and to provide for the support and maintenance thereof, and for other purposes. WHEREAS, The Mayor and Alderman of the city of Cartersville, in this State, by resolution, have recommended the establishment and maintenance of Public Schools in the limits of said city by local [Illegible Text] therefore, SECTION I. The General Assembly of the State of Georgia, do enact, That there shall be an election held at the court-house in the city of Cartersville, on the first Wednesday in March, 1880, which election shall be held and conducted, and returns thereof made, in the same manner as elections are held and conducted for Mayor and Aldermen of said city, and the qualifications for voters at said election shall be the same as required by law at elections for Mayor and Aldermen. All persons voting at said election shall have written or printed on their ballots the words, For Public Schools, or the words Against Public Schools, and if it should appear to the Mayor and Aldermen that two-thirds of the qualified voters residing in said city have voted For Public Schools then, in that event, said Mayor and Aldermen are hereby authorized to establish a system of Public Schools in and for said city as hereinafter prescribed. Public schools established. SEC. II. And be it further enacted, That in the event the necessary majority of votes shall be cast at said election for Public Schools, that J. R. Wikle, Abda Johnson, A. T. Akerman, Theo. E. Smith, F. M. Johnson, R. B. Headden, A. R. Hudgins, Martin Collins, A. M. Foute, G. S. Tumlin, D. W. Curry, J. W. Harris, Jr., and John W. Akin be, and they are hereby, appointed Trustees of said schools, and they and their successors shall constitute

Page 288

a Board of Education for the city of Cartersville, and shall have power and authority to fill all vacancies which may occur in their body by death, resignation, removal from said city, or otherwise. Board of education, who to constitute. SEC. III. And be it further enacted by the authority aforesaid, That said Board of Education of the city of Cartersville shall have perpetual succession, and shall be authorized to [Illegible Text], design and adopt a plan of public instruction in the city of Cartersville, and to modify the same from time to time, and shall have the management and control of education of children of said city, and shall establish such school or schools as they see proper, prescribe the different grades thereof, and the branches to be taught therein, and to appoint a superintendent and teachers for said schools, and to suspend or remove such superintendent or teachers, and fix the compensation thereof, to provide by rent, purchase or erection, school-houses, furniture, apparatus, etc., for the use of said schools, and to make and hold titles to the same, and to make such by-laws, rules and regulations as they may see proper for their own government, or the government of the officers of said Board, or the superintendent, teachers and pupils of said schools, not contrary to the laws of this State. Powers and duties of board of education. SEC. IV. And be it further enacted by the authority aforesaid, That the officers of said Board of Education shall consist of a President, Vice-President, Secretary and Treasurer. The President and Vice-President shall be elected from their own body by them; the Secretary may or may not, as they see proper, and they may require the duties of that office to be performed by the Treasurer or Superintendent of the schools, but no member of said Board shall be Superintendent or [Illegible Text], and said Board shall fix the compensation of the Treasurer, and shall require of him a bond with good securities to [Illegible Text] judged of by them, for the faithful performance of his duties, and may compel him, on pain of removal, to give additional bond and security, if they shall deem it necessary for the protection of funds going into his hands. All the officers of said Board shall hold their offices at the pleasure thereof. Election of President and other officers, of said Board, their duties, etc. SEC. V. And be it further enacted by the authority aforesaid, That said Board of Education shall keep regular minutes of its proceedings, and shall furnish from time to time to the Mayor and Aldermen an estimate of the funds required for the establishment and maintenance of public schools in said city, and shall make a semi-annual report of their receipts and expenditures to said Mayor and Aldermen, as well as a report of the condition of said schools, which report shall be published at least once in all the papers published in said city. Semi-an'ual report to be made to mayor and aldermen, etc. SEC. VI. And be it further enacted by the authority aforesaid, That the said Board of Education of the city of Cartersville be, and they are hereby, made capable in law of taking, receiving, holding

Page 289

and applying any gift, grant, donation or gratuity, whether of money or property, made by any person or corporation for the benefit of said schools, and may at any time so alter their by-laws, rules and regulations as to conform to any conditions required for the acceptance thereof, provided they are not contrary to the laws of this State. Capabilities of said board, their power to alter by-laws and rules. SEC. VII. And be it further enacted, by the authority aforesaid, That for the purpose of enabling said Board of Education to buy suitable real estate, and to purchase or build suitable school houses and to supply the [Illegible Text] with furniture, apparatus, etc., the Mayor and Aldermen of the city of Cartersville are hereby authorized to issue bonds of said city, not exceeding in amount the sum of fifteen thousand dollars, to run for not exceding twenty years, bearing interest at the rate of six per cent per annum, payable semi-annually, at such time as said Mayor and Aldermen may determine. Said bonds shall be issued in the sum of [Illegible Text] hundred dollars, and shall be signed by the Mayor and countersigned by the Treasurer; shall bear the corporate seal of the city; shall have interest warrants attached to them for each installment of interest, which warrant, or coupon, shall be signed by the City Treasurer, and the principal and said interest warrants shall be payable at maturity on presentation to the City Treasurer. Said bonds shall recite on their face that they are school bonds, issued under the provisions of this Act, and that the faith of the city is [Illegible Text] for their redemption. Said bonds, when so issued, shall not be sold for less than par, and only so much of the same shall be sold or negotiated, as the said Board of Education may require for the purpose specified in this section, and said Mayor and Aldermen may deem necessary. Bonds, mayor and alderman authorized to issue, for benefit of said school. SEC. VIII. And be it further enacted by the authority aforesaid, That for the purpose of providing for the payment of the interest on the bonds so issued, and negotiated as well as to provide for the payment of the principal when the same shall become due, said Mayor and Aldermen shall set apart annually from the funds raised by taxation, as hereinafter mentioned, a sufficient amount to meet the interest falling due upon the school bonds then outstanding, and shall also set apart in addition to the sum so set apart to meet the interest annually, an amount equal to one twentieth of the principal of the bonds so issued, to provide for the payment of said principal, the sum so set apart for the payment of the principal shall be invested by the city Treasurer in said school bonds, and the bonds so purchased shall be cancelled. If said school bonds cannot be purchased at par, said sum shall then be invested in bonds of the State of Georgia, or such other State or city bonds as the Mayor and Aldermen may direct, and said securities, together with the additions and income thereof, shall be held by said Treasurer as a fund for the payment of said school bonds at their maturity. Said Mayor and Aldermen may change said investment

Page 290

at any time, and they are hereby required to do so upon maturity of said bonds, or whenever they can be purchased at par. Provision for the payment of interest on bonds issued. Investment changed, in what case? SEC. IX. And be it further enacted by the authority aforesaid, That the Mayor and Aldermen of said city of Cartersville, be, and they are hereby, authorized and required to levy, impose and collect such tax upon the taxable property in said city, as will be necessary to carry out the provisions of this Act, but said tax shall not exceed one per cent. per annum upon said taxable property, nor shall the sum to be so raised ever be less than the amount required by the preceding section of this Act. Mayor and aldermen authorized to levy a certain tax. SEC. X. And be it further enacted, by the authority aforesaid, That all sums raised for educational purposes under this Act, except the funds set apart for the payment of the principal and interest of the bonds aforesaid, shall be turned over to the Board of Education of said city, and said Board shall also be entitled to receive of the State authorities their pro rata share of the Public School fund of the State, to be expended by them in establishing and maintaining Public Schools in said city. All sums of money raised, to be turned over to board of education. SEC. XI. And be it further enacted, by the authority aforesaid, That whenever Public Schools are established and organized under the provisions of this Act, the property of the citizens of Cartersville shall be [Illegible Text] from taxation for the support of Public Schools in Bartow county outside of said city, and this exemption shall continue so long as such Public Schools are kept up. Citizens of Cartersville not taxed for support of county schools, SEC. XII. Be it further enacted by the authority aforesaid, That the Board of Education of said city be, and they are hereby, authorized and required to provide separate schools for the white and colored children of said city, and said schools shall be kept open and free for ten scholastic months in each year, and all children in said city between the ages of six and eighteen years, shall be entitled to the benefits thereof. And said Board of Education may also provide for the admission of children residing out of said city, or students and pupils not within the foregoing ages, upon the payment of reasonable rates of tution to be prescribed by said Board of Education. White and colored schools to be separate. SEC. XIII. Be it further enacted, by the authority aforesaid, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 1, 1879.

Page 291

CITY COURT OF CLARKE COUNTY. No. 109. An Act to establish a City Court in the county of Clarke, and to provide for the appointment of a Judge and Solicitor thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That a City Court be, and the same is hereby, created and established in the city of Athens, with jurisdiction over the whole county of Clarke concurrent with the Superior Court, to try and dispose of all civil cases, of whatsoever nature, above the jurisdiction of the Justices of the Peace, and not exceeding one thousand dollars in amount involved, exclusive of interest, except those over which the Constitution of this State has given the Superior Courts exclusive jurisdiction, and with criminal jurisdiction, to try and dispose of all offenses below the grade of felony, committed in the county of Clarke. City court of Athens. SEC. II. There shall be a Judge of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall hold his office for the term of four years, and all vacancies in the office of Judge shall be filled by appointment by the Governor for the balance of the unexpired term; but should a vacancy occur when the Senate shall not be in session, the Governor shall appoint to fill said vacancy, and submit said appointment to the Senate when it shall next thereafter convene. The Judge of said City Court shall receive a salary of one thousand dollars per annum, which shall not be increased nor diminished during his continuance in office, except to apply to a subsequent term, and shall be paid monthly out of the Treasury of the county of Clarke, out of any fund, not otherwise specifically appropriated by some general law; and it shall be the duty of the Ordinary of Clarke county, or other proper officer of said county, to make provision, annually, in levying taxes for this purpose. The said City Judge shall receive no other compensation than the salary herein provided. Judge appointed by governor. Salary of judge $1000 per annum. SEC. III. Before entering upon the duties of his office, the Judge of the said City Court shall take and subscribe the oath required of all civil officers, and in addition thereto, the following, viz.: I swear that I will administer justice without respect to persons, and do equal right to the poor and the rich; and that I will faithfully and impartially discharge and perform all the duties incumbent on me as Judge of the City Court of the county of Clarke, of this State, according to the best of my ability and understanding, and agreeable to the laws and Constitution of this State, and the Constitution of the United States. So help me God. No person

Page 292

shall be appointed Judge of said Court, unless at the time of his appointment he shall have attained the age of twenty-five years, and been a resident of said State and county four years, and shall be a lawyer, and have practiced law, or presided as Judge of some Superior, City, or County Court for four years, next preceding his appointment. Oath of judge. Qualification of judge. SEC. IV. There shall be a Solicitor of said City Court, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold his office for the term of four years. Vacancies shall be filled in the same manner as is herein prescribed for filling vacancies in the office of the Judge of said City Court. It shall be the duty of said Solicitor to represent the State of Georgia in all cases in said City Court, in which the State shall be a party, and in the Supreme Court, upon writs of error from said City Court. He shall, for his services, receive the following fees as compensation, viz.: For every accusation drawn by him in a case in said City Court, upon which the case is disposed of without indictment, $5.00; for every bill of indictment, or presentment, sent down from the Superior Court, and tried in said City Court, or in which a plea of guilty is filed in the City Court, $5.00; for every warrant, in cases in City Court, 50 cents; for every proceeding to enforce a recognizance in said City Court, $5.00; for every amount collected on such proceedings, five per cent.; for drawing a capias against each defaulting juror, 50 cents; for entering a nolle prosequi, 25 cents; for attending Judge's chamber to take the affidavit of any person, in felonies, $1.00; for prosecuting every felony before the City Judge, or other judicial officer, sitting as a committing court, $4.00; for every peace warrant, tried and disposed of by said City Court Judge, $5.00; for plain collection, for State, five per cent.; for litigated collections, for State, ten per cent.; for every case argued in Supreme Court, $15.00. The fees of said Solicitor, for services rendered in the Supreme Court, shall be paid by the State, on the warrant of the Governor, in all cases, when the said Solicitor shall present the certificate of the Clerk of the Supreme Court as to services, and of the Clerk of said City Court to the fact that the defendant was acquitted, or was unable to pay the costs, or when the Supreme Court reverses judgment of the City Court. Solicitor of said court appointed by the governor and confirmed by the senate. Fees of solicitor. Fees of Solicitor for services in Supreme Court. SEC. V. The Clerk and Sheriff, and their deputies, of the Superior Court of Clarke county, shall be ex-officio Clerk, Sheriff, and deputies, of said City Court, and for services rendered in said City Court, shall be entitled to the same fees as are allowed them, by law, in the Superior Court, and shall discharge the same duties, and be subject to the same obligations and penalties. Ex-officio clerk and sheriff. SEC. VI. All persons liable to serve as grand and petit jurors in the Superior Court of said county, shall be liable to serve as petit jurors in the City Court, and it shall be the duty of the Clerk of the said City Court to copy into a book, to be provided at the

Page 293

public expense, the lists of all names of persons liable to serve as grand and petit jurors, in the said Superior Court, to be taken from the lists of said Superior Court, under the supervision of the Judge of said City Court, and to make a new list as often as said Superior Court jury lists are revised; to conform to said revision, which said book containing the list of persons so liable to serve as jurors in said City Court, as above directed, shall be alphabetically arranged, and shall be kept in the office of the Clerk of said City Court. The said Clerk shall also make out tickets, equal in number to the number of names on said lists, and write upon each the name of one of said persons, and deposit the same in a box, to be provided at the public expense, and numbered one, until there shall be a ticket in said box bearing the name of each person on said list. Jurors in said city court. SEC. VII. During the session of said City Court, at each term, in open court, the Judge shall draw from said box number one, twenty-four names of persons to serve as jurors, at the next term of said City Court, and shall cause the Clerk to record said names, so drawn, and then deposit the tickets in another box, to be provided at the public expense, and numbered two. These boxes shall be so constructed as to be kept under one seal and lock, and shall be kept sealed, and shall not be opened by any person except the Judge of the said City Court, or the Judge of the Superior Court, when presiding in his place, for the purpose of drawing juries in open court, except in cases when, from failure to draw a jury in term time, or from other cause, it may be necessary to draw a jury for said City Court, in vacation. If from any cause it should become necessary to draw a jury for said City Court in vacation, either the Judge of said City Court, or a Judge of the Superior Courts, may, at any time twenty days before the next term of said City Court, in the presence of the Clerk and Sheriff of said City Court, proceed to draw juries in the manner above prescribed. The Clerk shall keep said jury-boxes, and the Sheriff shall keep the key, and it shall be the duty of the Clerk of said Court, within five days after the appointment of the Judge of said Court, to prepare said jury lists and boxes, as hereinbefore provided, and after said boxes are prepared, the jury to serve at the first quarterly term of said Court shall be drawn as above provided for drawing juries in vacation. Jury boxes. Juries, how drawn. SEC. VIII. The Clerk shall make out a precept, containing the names of the persons drawn, as above directed, and a summons for each juror, and deliver the same to the Sheriff, fifteen days before the next term of said City Court, who shall serve each of said persons by handing him a summons personally, or leaving the same at his most notorious place of abode, at least ten days before the term of the said City Court, at which he is required to attend. Jurors, how and by whom summoned. Panel No. 1 and 2. SEC. IX. All laws in reference to the qualifications, relations,

Page 294

drawings, summonings, and empaneling jurors, and of challenging, 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 where said general laws are inconsistent with the provisions of this Act, or any amendments thereof, hereafter made. SEC. X. From said panel of twenty-four jurors, drawn and summoned as above directed, the Judge of said City Court shall cause to be made up two juries, of twelve jurors each, which shall be known and distinguished as juries numbers one and two, and all cases and issues to be tried by jury, at that term in said City Court, civil or criminal, shall be tried by one of these, or by a jury stricken from both, as hereinafter provided. In case, from any cause, said panel should be reduced below twenty-four, the Judge presiding in said City Court shall have power to fill it, by causing talesmen to be summoned instanter. Panel No. 1 and 2. SEC. XI. In criminal cases, the defendant shall be entitled to seven peremptory challenges, and the State five, and in civil cases, the plaintiff and defendant shall be each entitled to six, and all laws and rules, both civil and criminal, regulating the selection of juries in the Superior Courts, shall apply to said City Court, except where they are inconsistent with the provisions of this Act, and the amendments hereafter made. Challenges allowed to both parties in criminal and civil cases. SEC. XII. In all matters pertaining to pleading and practice, the laws and rules governing the Superior Courts, where not inconsistent with the express provisions of this Act, shall apply to and govern the said City Court pleading and practice in every particular, so far as the same may be applicable. Rules that obtain in Superior Court to be observed in City Court. SEC. XIII. In all civil cases, to the declaration the Clerk shall annex a process (unless the same be waived), signed by the Clerk or his deputy, and bearing test in the name of the Judge of said City Court, and directed to the Sheriff of said City Court and his deputy, which shall bear date at least twenty days before the term of the Court to which it is returnable, and be served upon the defendant at least fifteen days before the said term, in the same manner as in the Superior Court. Appearance and pleading shall be a waiver of all irregularities of process, or the absence or service thereof. Process, how directed. SEC. XIV. Garnishment proceedings in said Court shall be conformable to the laws of the State on that subject in the Superior Court, provided the garnishee shall reside in the county of Clarke, but when the garnishee shall reside in any other county in this State, the same law shall be also applicable to said City Court, with this proviso, that the papers shall be returnable to the Superior Court of the county of the garnishee's residence, and all subsequent proceedings be had therein. Proceedings in garnishment cases. SEC. XV. Scire facias to make parties in any cause in the said City Court, shall be had as in the Superior Court, and said scire

Page 295

facias shall run throughout the State, and be served by any Sheriff thereof. Scire facias. SEC. XVI. The general law of this State, with regard to the commencement of suits in the Superior Courts, defenses, and witnesses, and their attendance, interrogatories, sets-off, affidavits of illegality, arbitration, claims to personalty, examination of parties to suits, or witnesses, by interrogatories, or under subp[oelig]nas, or other matters of a judicial nature, within the jurisdiction of said City Court, shall be applicable to said City Court. Practice as in Superior Courts. SEC. XVII. The Judge of said City Court shall have power to cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony, within his jurisdiction, in all cases, according to the general laws of the State; and the Judge, and all other officers of the said City Court, shall have power, respectively, to administer all oaths pertaining to their respective offices, as the Judge and other officers of the Superior Court may, in like cases, do so; and said Judge shall also have power to attest deeds, and other papers, and administer affidavits in all cases, anywhere in the State, in which, by existing laws, 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 powers 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 to, and governing, the Judges of the Superior Courts, shall apply to the Judge of said City Court, so far as the same may be applicable, except as herein provided. Testimony to perpetuatehow taken. Judge may attest deeds and other papers. SEC. XVIII. All Acts, and parts of Acts, already or hereafter passed, upon the subject of attachment, or garnishment, or legislating as to any matter whatever, in the Superior Courts of this State, shall apply to said City Court, as if named with the Superior Courts in said Acts, so far as the nature of said City Court will admit. The Judge of said City Court, or any Justice of the Peace, or Notary Public, or other officer authorized by law to do so, may issue attachments and garnishments, returnable to the said City Court, under the same laws governing attachments or garnishments returnable to the Superior Courts of this State. Practice in case of attachment and garishment. SEC. XIX. Said Court shall be a Court of record, and shall have a seal, and the minutes, records, orders, and other books and files that are required by law, and rules to be kept for the Superior Courts of this State, shall be kept in and for said City Court, and in the same manner, and all laws applicable to the duties of the Clerk and Sheriff in said Superior Courts, shall apply to them in said City Court, except where they conflict with the provisions of this Act. The same methods of procedure as govern in the Superior Courts, shall be followed in said City Court, in every respect, unless inconsistent with the nature of said Court. City court shall be a court record. Duties of clerk and sheriff. SEC. XX. All claims to realty, levied by virtue of any execution

Page 296

issued from said City Court, shall be returned to the Superior Court of the county where the land lies, and shall be put in, tried and determined, as other claim cases returned to said Superior Court. SEC. XXI. There shall be four regular quarterly terms of said City Court in each year, which shall be held on the second Mondays in January, April, July and October, in the Court House of Clarke county, in Athens, Georgia, for the transaction of civil and criminal business, and juries shall be drawn for each of these terms, as hereinbefore directed. The Judge of said City Court shall, in his discretion, hold his Court at the same place, at any other time, for the transaction of criminal business, which does not require a jury, as speedily as possible, consistent with the interest of the State and the accused, and may also, if necessary, hold adjourned terms of the regular quarterly terms, for which adjourned terms he may either draw new juries, or require the same to serve as, in his discretion, may seem best. Four terms of said court per annum. Extra trial of criminal cases. SEC. XXII. In all civil cases, in said City Court, where the damages, or the amount claimed in actions ex contractu, exclusive of interest, do not exceed two hundred dollars, and in all actions upon a tort, when damages laid do not exceed that amount, and in all other cases, when the amount involved in the suit, in value of property sued for, or otherwise, does not exceed that amount, the second term after the declaration is filed shall be the regular trial term of the case, but in all other civil cases, the third term after the declaration is filed shall be the regular trial term, but in all cases where a continuance is granted, it shall be not longer than the next regular quarterly term. Trial term. SEC. XXIII. All judgments obtained in said City Court, shall be a lien upon all property of the defendants, throughout the State, and all executions shall bear test in the name of the Judge of said City Court; be issued and signed by the Clerk of said City Court, and be directed to the Sheriff, or his deputy, of said City Court, and all and singular, the Sheriffs, or their deputies, of this State, and may be levied on any of the property of the defendants to be found in this State. Lien of judgments. Executions, how issued, etc. SEC. XXIV. In case of the absence of the said City Judge, from any cause, at any term of said Court, it shall be the duty of the Clerk, or the Sheriff of said county, to adjourn the Court to such day as the said Judge may, in writing, direct. If judge be absent, court to be adjourned by clerk or sheriff. SEC. XXV. The said City Court is empowered to compel the production of books, papers, and writings, in the same manner, and under the same rules and regulations, as are provided by law for the production of the same in the Superior Courts. Court may compel production of books, papers, etc. SEC. XXVI. The Judge of said City Court shall have power and authority to hear and determine all civil cases over which said Court had jurisdiction, and to give judgment and award execution thereon without the intervention of a jury: provided, always, that either party, in any such case, shall be entitled to demand and have a

Page 297

jury to try said case, which demand shall be in writing, and signed by himself or his counsel, and may be entered at any time prior to the introduction of any evidence upon the trial of the case. In the event of a new trial being granted, in any case, either by the Judge of said City Court, or by the Supreme Court, either party shall have the right to demand a jury, and have a trial by jury of said case, upon the same terms, no matter whether a jury had been demanded upon the previous trial, or trials, or not. Judge may try and determine all civil cases without a jury unless a jury should be demanded. SEC. XXVII. The Judge of said City Court shall have power to try all criminal cases within the jurisdiction of said City Court, and dispose of the same without a jury in all cases in which the defendant shall not demand a jury to try his case, in such case the defendant may demand and have a jury to try his case, provided he shall do so in writing, signed by himself or his counsel, before the introduction of any evidence in the case, and such defendant shall have the same right in case new trials are granted, that is herein-before allowed to parties in civil cases as to a jury trial: provided, that when trial by jury is demanded, in either civil or criminal cases at the quarterly terms of said Court, such demand shall be entered before the jury for that term is discharged, otherwise the parties shall be held to have waived the right to trial before a jury. Judge may try all criminal cases without a jury, within his jurisdiction if accused does not demand a jury. SEC. XXVIII. The Judge of the Superior Court, and the Judge of said City Court, may preside in the Court of each other in said county in cases where the Judge of either Court is disqualified to preside from any cause. Judges of City and Superior Courts may alternate. SEC. XXIX. In any civil case in said City Court, in which said City Judge shall be from any cause disqualified, the parties may agree, either themselves or by counsel, upon some attorney to preside in that case in his place, and said City Judge shall have an order to that effect placed upon the minutes of said City Court. Judge disqualified, an attorney may be agreed upon to preside. SEC. XXX. The Judge of the Superior Court may send down from the Superior Court of Clarke county all presentments, and bills of indictments, for offenses below a felony, to the said City Court for trial; the order, or orders, so transmitting such cases from the said Superior Court to said City Court for trial, shall be entered upon the minutes of both of said Courts. Judge of Superior court may transfer bills of indictment for offenses below felony to City Court. SEC. XXXI. It shall be the duty of all the Justices of the Peace and Notaries Public of this State to bind over all persons charged with offenses committed within the limits of Clarke county, over which the said City Court has jurisdiction, to appear before said City Court to answer for said offenses. Justices and Notaries Public to [Illegible Text] all offenders below grade of [Illegible Text] to city court. SEC. XXXII. Defendants in criminal causes, when the prosecution originates in said City Court, or when such defendants are bound over to said City Court by any Justice of the Peace, [Illegible Text] Notary Public, shall be tried on written accusations setting forth plainly the offense charged, founded on affidavit, containing the name of the accuser, and signed by the Solicitor of said City Court. The proceedings, after accusation, shall conform to the rules governing

Page 298

in the Superior Court, except there shall be no jury trial unless demanded, as hereinbefore provided, by the accused. In all cases tried upon accusation, the offense shall be therein charged with the same particularity, both as to matters of form and substance, as is required by the laws and rules of criminal pleading to be observed in bills of indictment in the Superior Courts. Written accusation against parties [Illegible Text] with [Illegible Text] [Illegible Text] SEC. XXXIII. A writ of error shall lie direct from the said City Court to the Supreme Court of this State upon a bill of exceptions filed under the same rules and regulations as govern and [Illegible Text] the issuing of writs of error and filing of bills of exceptions in the Superior Courts of this State. Writs of error, etc. SEC. XXXIV. All laws regulating the enforcement of the judgments of the Superior Courts, whether civil or criminal, shall apply to said City Court, and execution shall issue and be levied, and sales be had, under the same rules and laws regulating same in the Superior Court. Judgments of Superior Courts to apply to City Courts. SEC. XXXV. The Judge of said City Court shall have the same power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments, as is vested by law in the Judges of the Superior Courts of this State. Judge to have authority to enforce his own orders. SEC. XXXVI. All moneys arising from jury fines, fines imposed for violation of penal laws, and other fines, and collected from forfeited recognizances in said City Court, shall be subject to the payment of the fees of the Solicitor, Clerk, Sheriff, and other officers of said City Court in criminal cases: provided, that in every case of presentment or bill of indictment, sent down from the Superior Court, in which costs, or fine and costs, are collected out of the defendant in the City Court, that the costs of the Solicitor General of the Western Circuit, and the Clerk and Sheriff of the Superior Court, in such case, shall be first paid out of said costs in the case, but for their insolvent costs the officers of the said City Court above referred to shall have a lien upon the fines and forfeitures above mentioned, raised in the City Court, superior to the lien of the officers of the Superior Court for their insolvent costs. The officers of said City Court, in office at the time any money is brought in, which is subject to insolvent costs, shall be paid all their insolvent costs, before any predecessor in their respective offices, can claim anything out of said amount thus brought in for insolvent costs, due any such predecessor. Fine and forfeitures, how and to what purposes applied. Insolvent costs. SEC. XXXVII. It shall be the duty of the Clerk of said City Court to send up to the Superior Court, at each term thereof, a statement of the amount of insolvent costs due to the officers of the Superior Court, and uncollected, upon cases transmitted from the Superior Court to said City Court for trial, which have been finally disposed of in said City Court, which amount shall be first paid from any balance of fines and forfeitures in said City Court that may at any time remain after full payment of the insolvent costs of the officers of said City Court, as hereinbefore provided, and should any balance remain of such fines and forfeitures, after full

Page 299

payment in the order provided, of all insolvent costs due both the officers of said City Court and the officers of the Superior Court, such balance shall be paid into the Treasury of the county of Clarke: provided, that nothing herein contained as to the payment of such insolvent costs due the officers of the Superior Court shall prohibit the payment of same from any fines and forfeitures in the Superior Court, whenever the costs in any case transmitted from the Superior to the City Court, are paid in the latter Court, it shall be the duty of the Clerk thereof to retain and pay over to the officers of the Superior Court their costs in that case. Report by clerk. Costs in cases transferred from Superior to City Court, etc. SEC. XXXVIII. In any case where it may be necessary to attach the Clerk of said Court, it shall be lawful for the Judge of said Court to call in the services of the Clerk of the City Council of Athens, and the Chief of Police of said city of Athens, shall be competent to enforce any attachment by said Judge against the Sheriff of said City Court. And the Sheriff and Clerk of said City Court may sue and be sued in said Court, but when the Clerk may be defendant in any action, the process shall be signed by the Judge, and said Clerk shall be required to copy the petition and annex the process thereto, and the Clerk shall also be required to make out final process in any case in which he may be interested, as in other cases which shall be signed by the Judge and executed as in other cases; and in all cases before said Court, in which the Sheriff thereof shall be plaintiff, or defendant, the process shall be directed to the Chief of Police and all and singular the policemen of the city of Athens, and may be served by any one of them, and subsequent proceedings thereon shall be as in other cases, the said Chief or other policeman taking the place of the Sheriff. Attachment vs. Clerk of said city court. Clerk and sheriff may sue and be sued in City Court. SEC. XXXIX. In all cases in this Court the same powers and rights of parties as to waivers in pleading or procedure, or other matters pertaining to the same, shall be allowed and upheld, as in the Superior Courts are allowed by the laws and rules governing the same. Powers as to waivers in pleading, etc. SEC. XL. All cases, civil or criminal, now pending and undisposed of in the County Court of Clarke county, shall be, and are hereby, transferred to said City Court, and the same shall be placed upon the proper dockets in said Courts, and shall be tried and disposed of as other cases in said City Court. All final and other processes now in the hands of the Sheriff, Bailiff, or other officer, which are made returnable to the County Court, shall be by them returned to this Court instead of said County Court. The Judge and other officers of the City Court shall have power and authority to issue and enforce, in the name of said City Court, any and all processes in any cases from the County Court necessary to the final disposition of the same which, from any cause, have not been issued and enforced by the officers of the County Court; and all cases now pending, and not finally disposed of in the County Court, within the jurisdiction of Justices of the Peace, shall be transferred to the Justice

Page 300

Courts having jurisdiction of the same, who shall have the same power to finally dispose of the same that the County Judge would have had. Cases pending in county court of Clarke county to be transferred to city court. Officers of city court may issue and enforce all processes, etc. SEC. XLI. The Judge of the City Court may practice law in any of the Courts of this State, or the United States, except the City Court and the Supreme Court, on writs of error from the City Court. Judge may practice law in any court of this State, etc. SEC. XLII. All suits against obligors, joint promisors, copartners, or joint trespassers, in which any one or more reside in the county of Clarke, may be brought in this Court when within its jurisdiction, as above defined, 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 obligors, how brought, etc. SEC. XLIII. The Judge of the City Court shall have power to grant a new trial in any case, civil or criminal, in his Court, upon the same terms, and subject to the same laws and regulations in every respect governing the granting of new trials in the Superior Court. All rules of pleading, practice, and procedure governing motions, rules nisi, and other proceedings in new trials in the Superior Court shall apply to thh same in this Court. Judge of City Court may grant new trials in civil or criminal cases. SEC. XLIV. All jurors in the City Court, whether belonging to the regular panel or talesmen, shall receive one dollar per day for their services for every day of actual attendance, and shall be paid in the same manner, and under the same regulations, as jurors in the Superior Court. Per diem of jurors. SEC. XLV. In all criminal cases within the jurisdiction of the City Court, the defendant shall have the right to demand an indictment by the grand jury of said county of Clarke, provided he makes this demand in writing, by himself or his counsel, before plea filed and filing a plea, shall itself, without more, be held to be a waiver of his right to demand an indictment. In case the defendant should demand an indictment, as above directed, the Judge shall require of him good bond and security to appear and answer to such indictment, if found, at such time and place, and before such tribunal, as the said indictment may be tried. If no such bond and security is given, then such Judge shall commit to jail, for safe keeping, the person so accused and demanding said indictment, until the proper grand jury can act upon the charge, and until the case can be legally determined, and the Clerk shall transmit to the Superior Court all the papers in the case, as required by the general law of the State in cases of commitment. Persons charged with crime in said court may demand indictment by grand jury of Clarke county. Clerk in such case transmit a statement of proceedings in said case to the Superior Court. SEC. XLVI. All laws and parts of laws in conflict with this Act are hereby repealed. Approved September 9, 1879.

Page 301

GOVERNOR MAY SELL CERTAIN STATE PROPERTY TO ATLANTA. No. 214. An Act to authorize the Governor to sell and convey to the city of Atlanta certain property of the State of Georgia, on Spring street, in the city of Atlanta, for street purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Governor be, and he is hereby, authorized to sell and convey unto the city of Atlanta so much of the lot known as the Governor's mansion lot, off the west side of said lot, as may be necessary to extend Spring street into Church street by continuing said Spring street in a direct line until it intersects with Church street, said sale to be made by the Governor for a sum not less than seven hundred and fifty dollars ($750.00). Governor authorized to convey certain property to city of Atlanta. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 8, 1879. PUBLIC SCHOOLS IN CITY OF BAINBRIDGE. No. 159. An Act to authorize the corporation of the city of Bainbridge to levy a tax for the purpose of establishing and maintaining Public Schools in and for the municipality of Bainbridge, under and in conformity to Section 4, Article 8, of the Constitution of Georgia, and to authorize the County School Commissioner of said county, to pay over to the Trustees of said City Schools, such part of the State School fund, as may be their just pro rata share thereof. SECTION I. Be it enacted by the General Assembly of the State of Georgia (the corporate authorities of the city of Bainbridge having so recommended), That the corporation of the city of Bainbridge, Decatur county, Georgia, is hereby authorized to levy a tax, annually, in addition to that now authorized by law, not to exceed fourtenths of one per cent., for the purpose of establishing and maintaining Public Schools, in and for the municipality of Bainbridge, Decatur county, Georgia: provided, the sum so raised shall be used only for the purposes as set forth in this section. Bainbridge, city of, authorized to levy a tax for public school purposes. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That no hildren shall be recipients of the benefits and advantages of said

Page 302

Public Schools, whose parents, guardians, or natural protectors, have not been actual residents of the city of Bainbridge for twelve months next preceding the time of their application for admission into said schools; but this section shall not be construed to exclude from said Public Schools the children of any parent, guardian, or natural protector, though non-resident, who is now the bona fide owner, in fee-simple, of any real estate in said city, of whatever value, so long as they may continue to own said property, or the children of any parent, guardian, or natural protector, who shall, at any time, become the bona fide owner, in fee-simple, of real estate in said city, of the value of two hundred dollars, by corporation assessment: provided, that no child, or children, shall be excluded from the benefits of said school, whose parent or guardian is a resident of said city, and has paid taxes to said corporation for the year, such benefits may be claimed. Beneflis of said school. Proviso. SEC. III. Be it further enacted by the authority aforesaid, That before this Act shall take effect and become operative, the Mayor of the city of Bainbridge shall order an election, giving at least ten days' notice, to ascertain the sense of the qualified voters under this Act, at said election, whether Public Schools shall be established or not in said municipality, and if the question should be decided affirmatively, by the necessary constitutional majority, it shall be the duty of the corporation to levy a tax, as authorized by section I of this Act; but should the said question be decided negatively at said election, or any future election, the effect shall only be to suspend the operations of this Act for one year from the date of said election. Ratification of this Act. SEC. IV. Be it further enacted by the authority aforesaid, That the first election, under this Act, shall take place on the first Wednesday of October, 1879, and if the schools shall not have been established, at the same time in any succeeding year, that any five qualified voters, under this Act, shall call upon the Mayor of said city, by written application, to order said election. Election, when held. SEC. V. Be it further enacted by the authority aforesaid, That any election, under this Act, shall be held under the same rules and regulations as govern in other city elections; and the notices required to be given by this Act, shall be by publication in the city paper, or by posting at the Court-House door, or both, in the discretion of the Mayor of said city. Election, notices of how published. SEC. VI. Be it further enacted by the authority aforesaid, That at the same time an election takes place, under this Act, to decide whether Public Schools shall be established, there shall be voted for, by the qualified voters, under this Act, five Trustees, who shall be citizens of Bainbridge, and qualified voters under this Act, two of whom shall hold their office for one year, and three for two years; and it shall be the duty of the Mayor of said city, so soon as the official count shall be made up and returned to the corporation of Bainbridge, to commission the five Trustees having the

Page 303

highest vote at said election, respectively, for the terms for which they have been elected. Trustees to be voted for, and how commissioned. SEC. VII. Be it further enacted by the authority aforesaid, That the Trustees elected under this Act shall have the power, and it shall be their duty, to employ teachers for said Public Schools, prescribe the curriculum, and make such laws and regulations for the government of said Public Schools as to them may seem necessary; and the said Board of Trustees shall further be empowered to elect their own President, and to fill any vacancy that may occur in the said Board from death, resignation, removal, or otherwise; and the person so appointed shall hold his office until the next regular election. Trustees, powers and duties of. SEC. VIII. Be it further enacted by the authority aforesaid, That the persons qualified and entitled to vote under this Act, shall be those only who are actual residents of the city of Bainbridge at the time of said election, and who own, bona fide, real estate, in fee-simple, in said city, and also such persons, actual residents, who have given in for taxation, to the city, for the year in which the election takes place, at least five hundred dollars of personal property, but this section shall not be so construed as to exclude any administrator, guardian, or trustee, representing and returning property, as set forth in this section, who are actual residents of said city, and otherwise legally qualified, from voting at said elections. Voter, who qualified and [Illegible Text] to vote. SEC. IX. Be it further enacted by the authority aforesaid, That the tax collected for Public Schools, by the corporation of Bainbridge, under this Act, shall remain a separate fund in the Treasury of said corporation, subject to be drawn for only by the Board of Trustees of said Public Schools, under such rules and regulations as the said Board may prescribe. Funds of public school subject to Board of Trustecs. SEC. X. Be it further enacted by the authority aforesaid, That the School Commissioner of the county of Decatur is hereby authorized and required to pay over to the said Board of Trustees of Public Schools, under such rules and regulations as they may prescribe, the proportion of the Common School fund arising from any source, belonging to said municipality, to be by them expended in the establishment and maintenance of said Public Schools, as authorized and directed by the Constitution and laws of this State. School commissioner of Decatur county required to pay over certain funds. SEC. XI. 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 September 26, 1879.

Page 304

SALE OF LIQUORS IN WHITESBURG, CARROLL COUNTY. No. 227. An Act to repeal an Act, entitled an Act to better prevent the sale of intoxicating liquors within the corporate limits of the towns of Carrollton, Bowden, Whitesburg, and Villa Rica, in the county of Carroll, which Act prohibits the sale, barter, or exchange of any intoxicating liquors of any kind within the corporate limits of the towns of Carrollton, Bowden, Whitesburg, and Villa Rica, in the county of Carroll, except upon the written prescription of a licensed physician, so far as relates to the town of Whitesburg. SECTION I. Be it enacted by the Senate and House of Representatives, That from and after the passage of this Act, the above recited Act be, and the same is hereby, repealed, so far as said Act relates to the town of Whitesburg, in the county of Carroll. Act repealed, etc. SEC. II. And be it further enacted by the authority aforesaid, That the Council of the town of Whitesburg, of the county of Carroll, have full control and authority to regulate the license and tax upon liquor dealers in said town, to levy and collect tax from dealers, as they may think proper. Sale of liquor in corporate limits. SEC. III. All laws and parts of laws conflicting with this Act are hereby repealed. Approved October 8, 1879. SALE OF LIQUORS IN CRAWFORDVILLE. No. 90. An Act to amend the charter of the town of Crawfordville, so as to authorize the Town Council of the town of Crawfordville to levy a special license tax on the sale of all spirituous or malt liquors. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That on and after the passage of this Act, the charter of the town of Crawfordville shall be so amended as to authorize and empower the Town Council of said incorporation to levy a special license tax on the sale of all spirituous or malt liquors within the incorporate limits of said town, said tax not to exceed one thousand dollars for each license issued: provided, nothing in this Act shall be so construed as to repeal any law restricting the sale of the above specified articles within said incorporation. Sale of spirituons or malt hquors.

Page 305

SEC. II. Be it further enacted, That all laws conflicting with this Act are hereby repealed. Approved August 29, 1879. SALE OF LIQUORS IN THOMSON. No. 100. An Act to amend an Act to incorporate the town of Thomson, in the county of Columbia, now McDuffie, approved December 16, 1859, so far as relates to increase the tax on sales of spirituous liquors, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That section four of the Act to incorporate the town of Thomson, which provides for taxing shows, and the sale of spirituous liquors, etc., be amended so that said section, as amended, shall read as follows: That said President and Commissioners shall have power to tax all shows, in said town of Thomson, performing there for the purpose of gain; to issue license to retail spirituous liquors in said town, or corporate limits, and charge for the same a sum not less that one hundred and fifty dollars, nor over one thousand dollars, and the said retailers of spirituous liquors in said town shall also comply with the law now as to bond and oath. The President and Commissioners shall have power to tax itinerant traders in said town, and they shall have power to enforce the collection, at any time, of said tax: provided, that the provisions of this section increasing the tax on sale of spirituous liquors shall not be operative so long as the Act to prohibit the sale of whisky in McDuffie county remains in full force. Authorized to tax shows, etc. Tax on sale of spirituous liquors. Limitation of this Act. SEC. II. Be it further enacted, That section fifteen of said Act, which provides for taxing ten-pin alleys, billiard tables, sporting tables of any kind, and lottery agents, be amended so that, as amended, said section shall read as follows: That said Commissioners have power to impose a tax on ten-pin alleys, billiard tables, or any other sporting tables, and lottery agents, in a sum not less than ten, nor more than fifty, dollars, also the power to tax traders, professions, and all kinds of business [Illegible Text] on in the town of Thomson, in a sum not less than one, nor more than ten dollars. Tax on tenpin alleys, billiard tables, etc. SEC. III. All laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 5, 1879.

Page 306

SALE OF LIQUORS IN SHARPSBURG. No. 160. An Act to repeal an Act entitled an Act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, in the county of Coweta, approved February 24, 1877. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to prohibit the sale of spirituous liquors in the incorporate limits of the town of Sharpsburg, in the county of Coweta, approved February 24, 1877, be, and the same is hereby, repealed. Sharpsburg. Act of 1877 as to sale of liquors, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the above recited Act be, and the same are hereby, repealed. Approved September 26, 1879. MAYOR AND ALDERMEN OF SAVANNAH MAY BUILD AQUEDUCT. No. 105. An Act to authorize the Mayor and Aldermen of the city of Savannah to build an aqueduct from said city to such point as they may select on the Savannah river, outside of the limits of said city, and to provide for the taking and paying for the right-of-way for such aqueduct. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from, and immediately after, the passage of this Act, the Mayor and Aldermen of the city of Savannah be, and they are hereby, authorized and empowered to build, or construct, an aqueduct, or conduit, for the purpose of conveying water from any point of the Savannah river, which they may select, beyond the limits of said city, to such point, in said city, as they may think proper, and for that purpose to take and use, as a right of-way for such aqueduct, or conduit, any land, not exceeding thirty feet in width, between such points: provided, that before such land shall be so taken and used, the owner, or owners, of such land, shall be notified in writing of the amount and location of the land which it is desired to use, and if such owner, or owners, and said Mayor and Aldermen, cannot, or do not, agree at once upon the terms and conditions upon which such

Page 307

land shall be taken as a right-of-way as aforesaid, the Mayor of said city shall appoint an Assessor, and the owner, or owners, of such land, shall appoint another, and the two so appointed shall appoint a third, or if they cannot, or do not agree upon a third within five days after being notified of their selection, then the Ordinary of Chatham county shall appoint such third Assessor; and if the owner, or owners, of such land, does, or do, not appoint an Assessor, as aforesaid, within five days after he, or they, is, or are, so notified, as aforesaid, the said Ordinary shall appoint two Assessors, and the three Assessors, so appointed by any of the foregoing methods, shall determine and assess the amount of money to be paid by said city for such right-of-way through the tract of land for which they are appointed, and the decision of any two of such Assessors shall be final and binding on the parties, except that in all cases there may be an appeal by either party to the Superior Court of Chatham county, under the usual rules governing appeals to that Court, and such decision shall describe the land taken as a right-of-way, and the amount of money to be paid for it, and shall be made in duplicate, and one original given to the said owner, or owners, and the other to said Mayor and Aldermen, and upon the payment, by said Mayor and Aldermen, of the sum awarded, and a receipt therefor being written of such award, such award shall convey an easem*nt in said land so awarded to the said, the Mayor and Aldermen of the city of Savannah, which shall continue so long as said land shall be used by said city for the purpose of said water-main, and no longer, the land awarded to said, the Mayor and Aldermen of the city of Savannah, in fee-simple. Mayor and aldermen of Savannah empowered to build an aqueduct. Appeals allowed by either party to Superior Court of Chatham county. SEC. II. And it is hereby further enacted by the authority of the same, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 8, 1879.

Page 308

CRIMINAL COURT OF GAINESVILLE ABOLISHED. No. 162. An Act to repeal the forty-third section of an Act entitled, an Act to amend the several Acts incorporating the city of Gainesville, in Hall county, and an Act to establish a City Court for the City of Gainesville, prescribe its powers and jurisdiction, and for other purposes, approved February 24, 1877, and the Acts amendatory thereof, so far as relates to the establishing of a Criminal Court in said city of Gainesville. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the forty-third section of the above recited Act, and an Act to establish a City Court for the city of Gainesville, prescribe its powers and jurisdiction, and for other purposes, approved February 24, 1877, and all Acts amendatory thereof, so far as they relate to the establishing of a Criminal Court in the city of Gainesville, in the county of Hall, be, and the same are hereby, repealed. Gainesvillecity court of. SEC. II. Be it further 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 September 26, 1879. CHARTER OF MILLEDGEVILLE AMENDED. No. 165. An Act to repeal section one of an Act entitled an Act to amend the charter of the city of Milledgeville, approved February 15, 1876, to confer additional power on the Mayor and Council of said city, and to change the time of holding elections for the Mayor, Aldermen and the Clerk of the same. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That section one of an Act entitled an Act to amend the charter of the city of Milledgeville, approved February 15, 1876, which prohibits the Mayor and Aldermen of the city of Milledgeville from leasing or selling any part of the town common, except for actual building and habitation purposes, and that only in

Page 309

quantities of one acre or less, be, and the same is hereby, repealed; and the Mayor and Aldermen of said city of Milledgeville are hereby authorized and empowered to lease, or sell, and convey the common belonging to said city, or any part thereof, at such time, to such persons, in such quantities and on such terms, as the Mayor and Aldermen shall deem most conducive to the interests of the inhabitants of said city. Milledgeville, city of may sell town common. SEC. II. Be it further enacted by the authority aforesaid, That the next election for Mayor, Aldermen and Clerk of the city of Milledgeville, by the inhabitants thereof, who are qualified by existing laws to vote at such elections, shall be held in said city, on the first Wednesday in December in the year 1879, and all subsequent elections for Mayor, Aldermen and Clerk of said city shall be held biennially on the first Wednesday in December thereafter. Mayor, aldermen, etc., election of when held. SEC. III. 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 September 26, 1879. TOWN OF MAYSVILLE INCORPORATED. No. 187. An Act to incorporate the town of Maysville, in the counties of Jackson and Banks, and to grant election powers and privileges to the same, and for other purposes. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia, That from and after the passage of this Act, the town of Maysville, in the counties of Jackson and Banks, shall be a body corporate, with the corporate limits of said town extending three-fourths of one mile in every direction, from the Northeastern Railroad depot, in said town; said corporation may sue and be sued, plead and be impleaded, make and publish such ordinances and by-laws as may promote the interest of the same, and do all other acts usually allowed corporations: provided, they be not in conflict with the Constitution of this State, or of the United States. Maysville incorporation of town of. SEC. II. Be it further enacted by the General Assembly of the State of Georgia, That Hugh Atkins, George E. Deadwyler, Thomas J. Carr, P. P. Casey, and Perino Boon, be, and they are hereby, appointed Commissioners of the town of Maysville, in the counties of Jackson and Banks, to serve until their successors are elected and qualified, as hereinafter provided. Commissioners, who appointed as. SEC. III. Be it further enacted, That said Commissioners shall organize

Page 310

by the election of one of their number chairman, and a majority of the same shall constitute a quorum for the transaction of business. Chairman election of. SEC. IV. That on the first Wednesday of January, 1880, and annually thereafter on the first Wednesday in January, all persons residing in the corporate limits of said town, who are qualified to vote for members of the Legislature, shall, at such place in said town as may be designated by the Commissioners, elect, by ballot, a chairman and four other Commissioners, who shall hold their office for one year, and until their successors are elected and qualified. Said election shall be conducted as other elections under the laws of this State, and the managers shall certify the result to the chairman of Council, who shall declare the five persons receiving the highest number of votes the chairman and Commissioners of said town for the next ensuring year. Commissioners, election of hereafter, their term of office, etc. SEC. V. Be it further enacted by the authority of the same, That said chairman and Commissioners shall have power to elect such Marshals, Clerks, and other officers, as they may deem necessary to carry out their ordinances and by-laws. Power of chairman and commissioners. SEC. VI. They shall have exclusive power to regulate the sale of liquors in said town, and also power to punish disorderly persons by fine or imprisonment, or both, or commit for violations of the laws of this State; to levy such taxes to support their corporate government, open and keep up their streets, and for the promotion of the growth and advancement of said town as they may deem necessary, so far as the Constitution of this State will allow: provided, said taxes shall in no case exceed one-half of one per cent. per annum on the value of all property in said town. Powers of as to sale of liquors, penalteis, levying taxes, etc. Proviso. SEC. VII. That said Commissioners, in addition to the foregoing, shall have power to tax all shows, auctioneers, vendors of patent medicines, and slight of hand performances, and to levy and collect such license tax on billiard tables and vendors of intoxicating liquors as they may deem most to the interest of said town. Power to tax shows, auctioneers, and vendors of liquors. SEC. VIII. Said chairman and Commissioners shall, before entering on their duties, take and subscribe the following oath before any person authorized to administer oaths: I do solemnly swear that I will, during my continuance in office, perform all the duties devolving on me as Commissioner of the town of Maysville, in such manner as will, in my opinion, be most to the interest of said town, so help me God. Oath of commissioners. SEC. IX. Be it further 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 September 30, 1879.

Page 311

CHARTER OF WAYCROSS AMENDED. 191. An Act to repeal an Act, approved February 19, 1876, reducing the corporate limits of the town of Waycross, in the county of Ware. SECTION I. The General Assembly of the State of Georgia do enact, That an Act approved February 19, 1876, reducing the corporate limits of the town of Waycross in the county of Ware, be, and the same is hereby, repealed. Waycross, corporate limits of. SEC. II. And be it further 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 October 2, 1879. POLICE COMMISSIONERS FOR AUGUSTA. No. 72. An Act to create a Board of Police Commissioners for the city of Augusta, in this State; to define its powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the first day of January, 1880, there shall be established a Board of Police Commissioners for the city of Augusta, in this State, consisting of five upright and intelligent citizens, who shall hold their offices for the term of two years. The first Commissioners under this Act shall be M. A. Stovall, E. J. O'Conor, John W. Clark, W. H. Barrett and John U. Meyer. Their successors shall be elected viva voce by the City Council of said city, and in such elections the persons chosen shall be, and for one year preceding shall have been, residents, of said city, and no person shall be eligible as a member of said Board, who at the time of his election holds any office of profit or trust under the National, State, County or municipal government. Before entering upon the discharge of the duties of their office, the Commissioners named in this Act, and their successors, shall take before the Mayor of said city, an oath to faithfully discharge the duties of the office of Police Commissioner of the city of Augusta. Should any of the Commissioners named in this Act fail or refuse to serve, then the remaining Commissioners shall proceed to fill such person's place by election viva voce. Board of police commissioners.

Page 312

SEC. II. Be it further enacted, That at its first meeting, said Board shall proceed to elect from their own number a President who shall preside over the meetings and be its chief executive officer. At the same time, or as soon thereafter as may be practicable, the Board shall also elect a Secretary who shall be chosen from the sergeants or privates of the police force, and who shall keep the book of Minutes provided for in this Act, and discharge such other clerical duties as may be required of him by the Board. Officers of said board. Duties of secretary prescribed. SEC. III. Be it further enacted, That said Board shall meet not less often than once every two weeks, shall have their acts and doings recorded in a book to be kept for that purpose. which book shall be open to the inspection of all citizensand shall make at least once in each year a report of their operations to the City Council of Augusta. The City Council shall furnish said Board a permanent office in the City Hall or elsewhere, and shall pay all the legitimate expenses for stationery and printing upon vouchers signed by the Secretary, and approved by the President and one other member of the Board. Board shall meet at least every two weeks. Vouchers', how authenticated. SEC. IV. Be it further enacted, That on or before the first Monday in January of each and [Illegible Text] year, the City Council of Augusta shall, by resolution or [Illegible Text] fix the compensation and the number of officers and men of the Police force of the city of Augusta for the ensuing twelve months, and shall transmit a certified account of their actions to the Board of Police Commissioners. Upon the reception of the same the Board shall proceed to elect viva voce the officers and privates provided for by the City Councilsaid officers and privates to be citizens of Augusta, to take the same oath now taken by the Police of said city, and to hold their offices for twelve months from the date of their qualification unless sooner removed by said Board. Said officers and privates shall be paid monthly by check or order upon the Mayor of said city, (said check or order to be signed by the President and Secretary of the Board) in accordance with the rate of compensation fixed by the City Council, and subject to such deductions for fines or lost time as may have been ordered by said Board. Police force and compensation. SEC. V. Be it further enacted, That the Board of Police Commissioners created by this Act, shall have full and exclusive control and management of the Police force of said city, shall have the power to elect, discharge or suspend or fine the officers and privates of said force, and to make and enforce rules and regulations for its government. Board of commissioners to have full control and management of police force. SEC. VI. Be it further enacted, That if any member of said Board shall become a candidate for, or accept or hold, any office of profit or trust, either National, State or Municipal, such act shall at once operate as a forfeiture of his membership of said Board, and the remaining members of said Board shall at once proceed to elect viva voce his successor to serve until the expiration of the term of the person so disqualified. The Board shall in like manner fill

Page 313

any vacancy occasioned by the death, resignation or disqualification of any member of said Board. Becoming a candidate for, or accepting, any office, forfeits the office of commissioner. SEC. VII. Be it further enacted, That no member of said Board shall be eligible to election to any office of honor or profit under the State, County or Municipal government, until one year after he ceases to be a member of said Board. Members of said board ineligible to any other office. SEC. VIII. Be it further enacted, That such portions of the charter of said city, and such portions of the ordinances of said city, and all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 26, 1879. MAYOR OF AUGUSTA AS RECORDER. No. 59. An Act to amend an Act to require the Mayor of the city of Augusta to discharge the duties of Recorder of said city; to limit the salary of said Mayor, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That after the expiration of the present term of office of the Mayor of the city of Augusta, the duties of the Recorder of said city shall be discharged by the officer elected, in accordance with the provisions of the ordinance creating and pertaining to said Recorder's Court, and who shall be clothed with all the power, authority and jurisdiction heretofore conferred, by law, upon said Recorder. Recorder of the city of Augusta, election of. SEC. II. Be it further enacted, That the salary of said Mayor shall not exceed twenty five hundred dollars per annum. Salary of mayor. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with the foregoing sections be, and the same are hereby, repealed. Approved August 23, 1879. REGISTERED VOTERS OF AUGUSTA TO BE PUBLISHED. No. 57. An Act to regulate the publication of the registered voters of the city of Augusta. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That it

Page 314

shall be the duty of the Registry Clerk, or other officer designated for that purpose, to arrange and publish in alphabetical order a list of the registered voters of the city of Augusta, in one of the gazettes of said city, once a month, from the time of opening until that of closing said list, and to keep a printed copy posted at the door of the court-house in Augusta, from the time of the final publication of said list, until the day of the ensuing municipal election. List of registered voters of Augusta to be published. SEC. II. Be it further 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 23, 1879. SINKING FUND OF AUGUSTA. No. 77. An Act to confirm an ordinance of the City Council of Augusta, entitled: An ordinance to create a sinking fund, passed the 10 th day of March, A. D. 18 77, as amended by an ordinance passed the sixth day of August, A. D. 18 77, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by autority of the same, That an ordinance entitled: An ordinance to create a sinking fund, passed by the City Council of Augusta on the tenth day of March, A. D. 1877, as amended by an ordinance amending the same, passed the sixth day of August, A. D. 1877, be, and the same is hereby, confirmed. Sinking fund of Augusta. SEC. II. Be it further enacted, That said City Council shall not repeal said ordinance as amended as aforesaid, until the expiration of fifteen years, as provided in the first section of said amending ordinance. Continued for 15 years. SEC. III. 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 27, 1879. BOARD OF HEALTH OF AUGUSTA. No. 64. An Act to amend an Act entitled an Act to authorize the City Council of Augusta, to create a Board of Health for said city. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

Page 315

from and [Illegible Text] the passage of this Act, the words, a majority of the in the ninth section of the above recited Act, be stricken out, and the words five, inserted in lieu thereof. Act recited in title, how amended. SEC. II. And be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved August 23, 1879. ELECTIONS IN CITY OF WEST POINT. No. 73. An Act to amend an Act entitled an Act to regulate the manner of holding Municipal Elections in the city of West Point, and to require voters to register, and to define who are legal voters in said city, approved March 2, 1874. SECTION 1. Be it enacted by the General Assembly of Georgia, That section 2 of the above recited Act be, and the same is hereby amended, by striking out after the word city in the seventh line, the words, the last thirty days, and in the State six months, and inserting in lieu thereof the words during the last six months, and in the State twelve months. Act recited in title, how amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the above Act are hereby repealed. Approved August 26, 1879. CITY GOVERNMENT OF EATONTON ESTABLISHED. No. 93. An Act to create a city government for the town of Eatonton, in Putnam county, and to confer upon the authorities thereof certain powers in lieu of the present town government, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact as follows, That from and after the first Wednesday in October, 1879, the present town of Eatonton, in the county of Putnam, shall be, and is hereby, incorporated as a city, and shall extend one mile in every direction from the court-house. Eatonton to be a city, its limits extended. SEC. II. That the municipal government of said city of Eatonton 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 Eatonton, and by that name shall have perpetual succession, in lieu of the present town government, may

Page 316

have a common seal, may sue and be sued, may have, hold, buy, sell, and receive for the use of said city, any estate, real or personal, may contract and be contracted with, in any matter relating to the welfare or improvement of said city, and shall succeed to all the rights and liabilities of the town of Eatonton. City authorities to consist of a mayor and six aldermen. SEC. III. That on said first Wednesday in October an election shall be held in the Council Chamber of said city, for a Mayor and six Aldermen, and annually thereafter on the first Wednesday in September, to serve one year, and until their successors are elected and qualified. Every citizen resident within the corporate limits of said city for six months next preceding such election, who is qualified to vote for Representatives in the General Assembly, shall be qualified to vote for Mayor and Aldermen: Provided, when offering to vote such person shall have paid all taxes legally imposed by authority of said city and then due. Elections for mayor and aldermen. SEC. IV. All elections for Mayor and Aldermen, shall be superintended by a Justice of the Peace, or Notary Public, if one can be had to serve, and by two freeholders, or by three freeholders, who at the first election shall declare the result, but after the first election they shall make returns to the Mayor and Aldermen, who shall declare the result. The polls shall be kept open from ten o'clock A. M. until three o'clock P. M., but the superintendents shall have the right to suspend the election one hour for dinner. The person having the highest number of votes for Mayor shall be declared elected. And the six persons having the highest number of votes for Aldermen shall be declared elected. The Mayor and Aldermen elected, before entering upon the discharge of their duties, shall take the following oath, to be administered by some one authorized to administer an oath: Elections for mayor and city council how held, and conducted. Highest number of votes shall elect. I do swear that I will faithfully and uprightly discharge the duties devolving upon me, during my term of office, to the best of my ability and judgment. And shall so qualify and enter upon their duties within ten days after the result of the election is declared as aforesaid. Oath taken by mayor and aldermen. SEC. V. The Mayor shall preside at all meetings of the Mayor and Aldermen, when sitting as a Board of Council, which meetings shall be at such times as may be fixed by the Board of Council, and at such other times as may be necessary under the call of the Mayor, and any meeting may be adjourned over to another day, and from time to time. Four members, counting the Mayor, shall constitute a quorum for the transaction of any business. Mayor to preside at all meetings of board. Quorum. The Mayor and Aldermen each shall be entitled to one [Illegible Text] upon any question in which there is no personal interest. In the absence of the Mayor from the Board of Council, the Aldermen present shall elect a Mayor pro tem., who shall, for the time, exercise all the functions of the Mayor, and until the Mayor shall resume his duties as such. If the Mayor, or Mayor pro tem., cannot for any reason call a special meeting, when the same may

Page 317

be necessary, then any three Aldermen may call a special meeting for the transaction of business of any kind. The Mayor and Aldermen, from one of their number, shall elect a Treasurer and Secretary, and it shall be the duty of the Secretary to keep a book of minutes of all proceedings of the Board of Council at any meeting held, and all other proceedings of the Board. The Treasurer shall keep an itemized account of all moneys received and paid out by the Board, and at the expiration of their term of office, shall publish the same by posting a copy at the court-house door. The Board of Council shall have authority to fix reasonable compensation for the Secretary and Mayor. Compensation of, how fixed. SEC. VI. At the regular elections for Mayor and Aldermen the qualified voters shall also elect a city Marshal, under the same rules, regulations and restrictions governing elections for Mayor and Aldermen, to hold his office one year, or until his successor is elected and qualified; but the Marshal so elected may be removed from office at any time by a majority of the whole Board of Council whenever in their opinion the interest of the city may require such removal. Upon the Marshal being so removed, the vacancy shall be filled by the election of some other suitable person, resident in the city, by the Board of Council, to serve until the next regular election, unless sooner removed in like manner, and a majority of the whole Board shall be necessary to a choice. The Board of Council shall define the duties and fix the compensation of the Marshal, and the Board may, if emergency require, appoint special policemen to assist the Marshal in the discharge of his duties. City marshal elected as mayor and aldermen. SEC. VII. That the Mayor and Aldermen of said city, sitting as a Board of Council, shall have power therein to lay off, vacate, close, open, alter, curb, pave, drain and keep in good order, and repair the roads, streets, sidewalks, alleys, cross-walks, drains and gutters for the use of the public, or any of the citizens thereof; to establish and regulate a market, or marketsto prescribe the time and place of holding the same; to prevent injury or annoyance to the public, or individuals from anything dangerous, offensive or unwholesome; to prevent hogs, cattle, horses, goats or other animals from going at large in said city; to protect places of divine worship, whereever held in said city; to abate at the expense of the person offending, anything which, in the opinion of a majority of the whole Board, shall be a nuisance; to regulate the keeping of gunpowder and other combustibles; to provide places for the burial of the dead, and to regulate interments therein; to protect the persons of all people while in said city, and to preserve the peace and good order therein; to adopt rules and regulations for the government of its own body; to provide a revenue for said city, and the assessment of property therein; to make regulations for guarding against danger or damage by fire, and to fix and establish fire-limits, and from time to time

Page 318

enlarge, restrict or change the same, within which fire-limits, as established, it shall not be lawful for any one to build, or cause to be built, any building other than brick or stone buildings, with tin or iron roofing, except by special permission of said Board of Council, which must be unanimous, and in case of violation of any such regulation, establishing fire-limits, the Board of Council after five days notice, shall cause any building erected, or in course of erection in violation of such regulations, to be removed at the expense of the owner or builder thereof. Mayor and aldermenpower of. May make regulations to protect against fire. In case the Board of Council and owner of any land through which any street is to be opened or enlarged, cannot agree upon the value of the land to be used, the Board of Council shall choose one citizen, and the party owning the land, or his authorized agent one, the two to choose a third and the three so chosen, shall decide the value of the land proposed to be taken, which decision shall be final. The Mayor and Aldermen sitting as such Board of Council shall make up annually, and cause to be entered upon its minutes, an estimate of all sums which are, or may be lawfully chargeable to said city, and which ought to be paid, and shall order a levy of such tax, as may, in their opinion, be necessary to pay the same. This tax may be levied annually upon all property, real and personal within said city, not to exceed one per cent. ad valorem, and for the purpose aforesaid, may also levy and collect a specific tax upon all persons dealing in malt or spirituous liquors in said city, and regulate the manner of the sale of the same, and upon all keepers of billiard or other tables, for public play, and upon all peddlers, auctioneers, vendue masters, itinerant vendors, shows and public entertainments, or exhibitions for profit, and upon all persons carrying on any agency of any bank, railroad, express, telegraph, manufacturing or insurance company, or for the sale of commercial fertilizers, and upon all other persons, exercising in said city any profession, trade, calling, or business of any nature whatever. Value of land appropriated to street purposes, how determined. SEC. VIII. The Mayor and Aldermen, sitting as a Board of Council, shall have power to require every male citizen, not under sixteen years of age, and not over fifty, to work not exceeding fifteen days in one year and not exceeding five days in one month by himself, or an acceptable substitute, on the streets, sidewalks, alleys, crossings, and bridges in said city, or he may be relieved from such work upon the payment of such commutation tax, as may be fixed by the Board of Council. May compel persons to work on streets, etc. SEC. IX. That the Mayor, as such, or the Mayor pro tem., when presiding at any meeting of the Board of Council, shall have power to punish for contempt, not exceeding five dollars, or imprisonment not exceeding twenty-four hours for each offence. Punishment for contempt. SEC. X. That the Marshal of said city, the Mayor, or any Alderman, may arrest without warrant, any person guilty of a violation of any ordinance of said city, and bring the offender before

Page 319

the Mayor for trial, and to this end may summon any of the bystanders as a posse. to assist in such arrest. When brought before the Mayor, a written or printed accusation shall be preferred against the offender in manner and form as follows: Marshal, mayor or any alderman may arrest disturber of the peace. STATE OF GEORGIA, CITY OF EATONTON. I, , Marshal of said city, in the name and behalf of the Mayor and City Council of said city, charge and accuse with the offense of (here state the offense), contrary to the laws of said city, the peace, good order and dignity thereof, this day of ; and shall be signed by the Marshal as prosecutor; and when such accusation is preferred the same shall be sufficient authority to hold the accused until the final trial of the case, but the accused may give bond and security to appear at such other time as the case may be adjourned to, and in default of such bond being given, to be judged of by the Mayor, or either of the Aldermen, the accused may be imprisoned to await trial. If such bond be taken, and the accused shall fail to appear at the time fixed for trial, the bond may be forfeited by the Board of Council, and execution issued thereon, by serving the defendant, if to be found, and his sureties with a rule nisi, at least five days before the time of hearing such rule nisi, such rule nisi to be signed by the Mayor and Secretary. Form of accusation. Failing to appear, bond forfeited, how. Any person charged with a violation of any ordinance or law of said city, may be tried and, if convicted, sentenced by the Mayor alone, or the Mayor, if he deem it necessary and proper, may, when the accused is brought before him for trial, convene the Aldermen, or such number of them as will constitute a quorum, and the Mayor and Aldermen together, as the Board of Council, may try the accused, and, if convicted, pass sentence. SEC. XI. To carry into effect the powers enumerated in this charter, and conferred upon said Mayor and Aldermen singly, or when sitting as a Board of Council, and such powers as may be conferred by any future Act of the Legislature, the Mayor and Aldermen, when sitting as a Board of Council, shall have power to make and pass all needful orders, by-laws, ordinances, resolutions, rules and regulations, not contrary to the laws of this State, or of the United States, and may make and pass all other orders, by-laws, ordinances, resolutions, rules and regulations, necessary to the welfare and proper government of said city, whether to carry into effect any specially enumerated power, or otherwise, not inconsistent with the laws of this State, or of the United States; and may prescribe reasonable fines, not exceeding one hundred dollars, and imprisonment, not exceeding ten days, or either, necessary to carry into effect such orders, by-laws, ordinances, resolutions, rules and regulations, as may for such purposes, compel wrong-doers, after conviction, to labor upon the streets, sidewalks, or other public works in said city, for a term not exceeding ten days. Mayor and aldermen may pass all needful orders.

Page 320

SEC. XII. All processes, writs, and subp[oelig]nas issued in behalf of said city, shall be directed to the Marshal of said city, and to the Sheriffs and deputy Sheriffs of said State, and signed in the same manner as executions. All executions issued in behalf of said city for the collection of any tax, or fine, or forfeiture, shall be directed to the Marshal of said city, and to the Sheriffs and deputy Sheriffs of this State, and signed by the Mayor, or Mayor pro tem., and Secretary, and all sales by the Marshal shall be advertised not less than ten days, by posting in three or more public places in said city. Whenever any property levied upon by the Marshal, Sheriff, or deputy Sheriff under such execution shall be claimed by any person not a party to the execution, such claim shall be interposed under the same rules, regulations and restrictions as regulate other claim cases, and the claim shall be returned to, and tried, if on real estate, to the next term of the Superior Court of the county having jurisdiction thereof, and if on personal property, to the county Court of Putnam county, unless the amount of the execution is for an amount exceeding the jurisdiction of the Court, in which event the claim shall be returned to Superior Court of Putnam county. And any affidavit of illegality filed to any execution so issued shall be returned for trial to the said county Court unless the amount of the execution exceeds the jurisdiction of the Court, in which event it shall be returned to the Superior Court of Putnam county for trial. Processes, writs, subpoenas, etc. Claims of property, etc. Nothing herein contained shall be construed to authorize the Marshal of said city to sell real estate under such execution, without first advertising in a public gazette, but he may levy upon and sell real estate in said city by complying with the laws regulating Sheriff's sales in this State, of real property, and all sales by any Sheriff, or his deputy, under any execution issued in behalf of said city, as aforesaid, shall be made in the manner provided for Marshal's sales herein. When any claim or illegality shall be returned to said county Court, the law regulating appeals and certioraries in other cases shall obtain. Real estate not to be sold under executions, until legally advertised. SEC. XIII. There may be a certiorari from any judgment rendered by the Mayor or said Board of Council, to the Superior Court on the same terms as govern certioraries from Justice Courts. Certioraries SEC. XIV. All ordinances, rules and regulations passed by the Board of Council shall, before becoming operative, be entered upon the Minutes of the Board of Council, and published by posting at the Court-house door in said city. Ordinances, rules and regulations. SEC. XV. All Acts heretofore passed conferring corporate authority upon the town of Eatonton, in conflict with this Act, are hereby repealed. Approved August 29, 1879.

Page 321

CHARTER OF EASTMAN AMENDED. No. 123. An Act to amend an Act to incorporate the town of Eastman, in the county of Dodge, to define the limits of the same, etc., approved December 13, 1879. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the corporate limits of the town of Eastman shall be so changed as to include the entire lots, numbers nine (9), in the fifteenth (15th) district, three hundred and nine (309) in the sixteenth (16th) district, and a strip nine hundred (900) feet wide across the southeast side of the entire lots, numbers ten, in the fifteenth district, and three hundred and ten, in the sixteenth district, of the county of Dodge, and the above described land only, except the lands of J. J. Hamilton. Corporate limits of Eastman enlarged. SEC. II. Be it further 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 September 17, 1879. CHARTER OF THE TOWN OF TALBOTTON AMENDED. No. 81. An Act to amend an Act entitled an Act to incorporate the town of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town in conflict with this Act, assented to December 20, 1860. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act assented to December 20th, 1860, entitled: an Act to incorporate the town of Talbotton, and to extend the limits of the same, and to repeal all laws in relation to said town in conflict with this Act, be so amended as to strike from the fifth section of said Act the words a Marshal. Talbottoncharter amended. SEC. II. Be it further enacted, That said Act be so amended, as to add the following to it as an additional section: That a Marshal shall be elected at the same time and place and in the same way the Mayor and Aldermen are elected. Election of marshal. SEC. III. 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 28, 1879.

Page 322

TO ENLARGE THE CORPORATE LIMITS OF ALBANY. No. 164. An Act to incorporate into the Corporate limits of the city of Albany, Ga., the grounds and premises of the Southwest Georgia Industrial Association for Park and Police purposes, and to authorize said city to keep said grounds in repair. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the grounds of the Southwest Georgia Industrial Association, adjoining the north line of the corporate limits of the city of Albany, be, and they are hereby, incorporated into the corporate limits of the city of Albany, and subject to the police regulations of said city. Corporate limits extended. SEC. II. Be it enacted by the authority aforesaid, That said grounds shall be used as a Public Park for said city: provided, said city shall not in such use of said grounds, in any manner interfere with the Fair regulations of said Association whenever held by said corporation. Public park of said grounds. SEC. III. Be it enacted by the authority aforesaid, That said city shall keep said grounds in repair; and it is hereby empowered to appropriate annually for Park and repairing purposes on said grounds, a sum not to exceed five hundred dollars: provided, nevertheless, that none of said sum shall be applied to repairing or keeping in repair, the buildings and stables of said Association. City to keep grounds in repair. SEC. IV. Be it further enacted, That this Act shall not go into effect until Article 7, section 7, of the Constitution, has been complied with, and after two-thirds of the qualified voters of said city, of Albany, Ga., shall have voted in favor of this Act at an election to be holden, conducted and returned, as in cases of election for city officers, after thirty days notice of such election given by the Mayor and Council in a newspaper published in said city of Albany, Georgia. Ratification of this [Illegible Text] SEC. V. Be it enacted by the authority aforesaid, That all laws and parts of laws militating against the foregoing Act be, and they are hereby, repealed. Approved September 26, 1879.

Page 323

TITLE II. SUPERIOR COURTS. ACTS. Terms of Fayette Superior Court changed. Terms of Houston County Superior Court changed. Terms of Superior Courts of certain counties changed. Terms of Mitchell County Superior Court changed. Terms of Clinch County Superior Court changed. Terms of Douglas County Superior Court changed. Terms of Washington County Superior Court changed. Spring Term of Milton County Superior Court changed. Terms of Henry County Superior Court changed. Fall Term Superior Court of Union and Towns counties changed. Terms of Superior Court for certain counties fixed. Fall Terms of Superior Court of Lumpkin, and Dawson Counties changed. TERMS OF FAYETTE COUNTY SUPERIOR COURT CHANGED. No. 152. An Act to change the times of holding the Superior Courts of Fayette county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the first of January next, the times of holding the Superior Courts of Fayette county shall be changed from the first Mondays in May and November to the fourth Mondays in March and September. Superior Courts of Fayette county term of. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 324

TERMS OF HOUSTON COUNTY SUPERIOR COURT CHANGED. No. 119. An Act to change the time of holding the Superior Courts in the county of Houston from the fourth Mondays in May and November to the first Mondays in April and October, and to make all proceedings in said Courts, returnable to next November term, returnable to the October term, as herein fixed. SECTION I. Be it enacted by the General Assembly, That from and after January, 1880, the time of holding the Superior Court in the county of Houston be changed from the fourth Mondays in May and November to the first Mondays in April and October. Superior Court changed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12, 1879. TERMS OF SUPERIOR COURTS OF CERTAIN COUNTIES. No. 14. An Act to fix the time for holding the Superior Courts in the counties of Webster, Lee, Pierce, Ware, Clinch, Coffee, Camden, Charlton, Glynn, Haralson, Floyd, Walton, Jackson, Gwinnett, Clarke, Rockdale, Echols, Appling, Wayne, Pike, Irwin and Gordon, and for drawing juries in certain cases, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the time for holding the Superior Courts of the several counties hereinafter mentioned, shall be so changed and fixed as to commence on the days hereafter named, to-wit: Superior Courts, terms of. Webster, on the first Mondays in April and October. Webster. Lee, the Spring term on the second Monday in March. Lee. Echols, on the second Mondays in March and September. Echols. Appling, on the third Mondays in March and September. Appling. Wayne, on the fourth Mondays in March and September. Wayne. Pierce, on the first Mondays in April and October. Pierce. Ware, on the Second Mondays in April and October. Ware. Clinch, on Tuesdays after third Mondays in April and October. Clinch. Coffee, on Tuesdays after fourth Mondays in April and October. Coffee. Camden, on Tuesdays after second Mondays in May and November. Camden. Charlton, on the third Mondays in May and November. Charton.

Page 325

Glynn, on the fourth Mondays in May and November. Glynn. Haralson, on the third Mondays in January and July. Haralson. Floyd, on the fourth Mondays in March and September. Floyd. Jackson, on the first Mondays in February and the first Mondays in August. Jackson. Walton, on the third Mondays in February and August. Walton. Gwinnett, on the first Mondays in March and September. Gwinnett. Clarke, on the second Mondays in May and November. Clarke. Rockdale, on the third Mondays in February and August. Rockdale. Pike, on the first Mondays in April and October. Pike. Irwin, on the first Mondays after the fourth Mondays in March and September. Irwin. Gordon, on the fourth Mondays in February and August. Gordon. SEC. II. Be it further enacted, That all writs, suits, processes, orders, summons, and all other proceedings returnable to said courts prior to the passage of this Act, shall be held and considered as returnable to the times as herein fixed and prescribed, and the grand, and traverse or petiti jurors, drawn for the terms of said courts, as were prescribed by law prior to the passage of this Act, shall be required to attend and serve as jurors for the terms prescribed by this Act. Writs, etc., how returned. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved December 16, 1878. TERMS OF MITCHELL COUNTY SUPERIOR COURT CHANGED. No. 69. An Act to change the time of holding the Superior Court for the county of Mitchell. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Superior Courts for the county of Mitchell, shall be held on the first Monday in March, and the fourth Monday in November of each year, instead of the fourth Mondays in May and November as heretofore. Mitchell Superior Court, when held. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 26, 1879.

Page 326

TERMS OF CLINCH COUNTY SUPERIOR COURT FIXED. No. 143. An Act to fix the time for holding the Superior Court in the county of Clinch, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the next term of the Superior Court to be held on the Tuesday after the third Monday in October, 1879, in and for said county of Clinch, the time for holding the Superior Court of said county shall be so changed and fixed as to commence on the days hereinafter named, to-wit: Spring term, on the first Monday in March; Fall term, on the first Monday in September. Time of holding Clinch Superior Court, changed. SEC. II. And be it further 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 September 24, 1879. TERMS OF DOUGLAS SUPERIOR COURT CHANGED. No. 327. An Act to change the time of holding Superior Courts of Douglas county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Superior Courts of said county shall be held on the third Monday in January and fourth Monday in July in each and every year, after the passage of this Act, and the January term of said Superior Court may continue for two weeks. Douglas Superior Court, when held. SEC. II. Be it further enacted, That all writs, processes, etc., which may have been returned to said Court, shall be legal and binding, as though this Act had not been passed. Writs legalized. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 18, 1879.

Page 327

TERMS OF SUPERIOR COURT FOR WASHINGTON COUNTY CHANGED. No. 307. An act to change the time of holding the Superior Court of the County of Washington. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, the time of holding the Superior Court in the county of Washington shall be on the fourth Mondays in May and November, instead of the first Mondays in April and September, as heretofore. Superior Court of Washington countywhen held. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 18, 1879. SPRING TERM OF MILTON SUPERIOR COURT FIXED. No. 261. An Act to change and fix the time of holding the Spring Terms of the Superior Court, in the county of Milton, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Spring Terms of the Superior Court for the county of Milton, shall commence on the first Monday in February in each year. Spring term of Milton county Superior Court. SEC. II. Be it further enacted, That all writs, suits, processes, orders, summons, and all other proceedings, returnable to the Spring Terms of said Court prior to the passage of this Act, shall be held and considered returnable to the time as herein fixed and prescribed. Writs, processes, etc. when returnable. SEC. III. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879.

Page 328

TERMS OF HENRY COUNTY SUPERIOR COURT CHANGED. No. 265. An Act to change the time of holding the Superior Court of the county of Henry, and for other purposes. SECTION I. 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, the time of holding the Superior Court of the county of Henry shall be changed from the third Mondays in April and October to the second Mondays in January and July in each year: Provided, however, that this change shall not go into effect until after the October session of the present year. Superior Court of Henry county when held. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879. FALL TERMS SUPERIOR COURT FOR UNION AND TOWNS. No. 329. An Act to fix the time for holding the Fall Terms of the Superior Courts in the counties of Union and Towns, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the time for holding the fall terms of the Superior Courts of the counties of Union and Towns, shall be so changed and fixed as to commence on the days hereafter named, to-wit: Union, on the fourth Monday in October; Towns, on the Thursday after the fourth Monday in October, but should the business of Union Court require it, the presiding Judge may, by order, adjourn the Superior Court of Towns county, to the Monday next thereafter, and to prolong the term of Union Superior Court accordingly. Superior Courts of Union and Towns counties when held. SEC. II. Be it further enacted, That all writs, suits, processes, orders, summonses, and all other proceedings returnable to said courts, prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed, and the grand and traverse jurors drawn for the terms of said courts, as were prescribed by law prior to the passage of this Act, shall be required to attend and serve as jurors for the terms prescribed by this Act, and: provided, this Act shall not go into effect until October 1st, 1880. Writs, etc., held returnable, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879.

Page 329

TERMS OF SUPERIOR COURTS OF CERTAIN COUNTIES FIXED. No. 128. An Act to prescribe the times for the holding of the Superior Courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Superior Courts shall convene as follows: Terms of Superior Courts in the counties of Chatham, Bullock. Bryan, Effingham Liberty and McIntosh. In Chatham county, on the first Mondays in March, June and December. In Bullock county, on the fourth Mondays in April and October. In Bryan county, on the first Mondays in May and November. In Effingham county, on the second Mondays in May and November. In Liberty county, on the third Mondays in May and November. In McIntosh county, on the fourth Mondays in May and November. In all of the other counties at the times now prescribed by law. SEC. II. Be it further enacted, That all writs, processes, orders, summons and other proceedings returnable to said Courts, prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed, and the grand and traverse jurors drawn for the terms as prescribed, prior to the passage of this Act, shall be required to attend and serve as such jurors at the time fixed for the terms by this Act. Writs and processes, etc. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 16, 1879. FALL TERMS OF LUMPKIN AND DAWSON SUPERIOR COURTS. No. 49. An Act to change the times of holding the Fall terms of the Superior Courts of Lumpkin and Dawson counties, of the Blue Ridge Circuit. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Fall term of Lumpkin Superior Court shall hereafter be held on the second Monday in September, instead of the first Monday in September; and the Fall term of Dawson Superior Court shall be held on the third Monday in September, instead

Page 330

of the second Monday in September, as now established by law. Fall term of Lumpkin Superior Court. SEC. II. Be it further enacted by the authority aforesaid, That all writs, processes, orders, summons, and other proceedings returnable to said Courts prior to the passage of this Act, shall be held and considered as returnable to the terms as herein fixed and prescribed, and that the grand and traverse jurors which have been drawn, or may be drawn, for the terms as prescribed prior to the passage of this Act, shall be required to attend and serve as jurors at the times fixed in this Act. Writs, processes, etc., when returnable. SEC. III. Be it further enacted by the authority aforesaid, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved August 21, 1879.

Page 331

TITLE III. COUNTY OFFICERS. ACTS. Fees of Clerk Superior Court and Sheriff of Brooks county. Clerks of superior and City Court of Chatham county. Ordinary of Fulton countyAbstract of Titles. Commissioners of Roads and Revenne for Putnam county. Commissioners of Roads and Revenue for Forsyth county. Commissioners for certain counties abolished. Tax Collector, Receiver and Treasurer of [Illegible Text] county. Commissioners for Coweta county may purchase Moore's bridge. Commissioners for Cobb, Dooly, Henry and Telfair counties. Commissioners of Bibb county [Illegible Text] election expenses. Commissioenrs of Floyd, Perrien, Effingham, and other counties. Commissioners of Bibb county may purchase property, etc. Commissioners of Gwinnett county. Ordinary of Clarke county may issue bonds. Commissioners of Decature county may issue bonds. Sheriff of Cobb countyhis powers abridged. Commissioners of Paulding county abolished. Tax Collector, Receiver and [Illegible Text] of Ciay county. Tax Collector, Receiver and School Commissioner of Forsyth county. Commissioners of Emanuel, Marion and Johnson counties. Office of Clerk Superior Court and Treasurer Paulding county separated. Ordinary of Jackson county may issue bonds. Fees of Tax Receiver and Collector of Laurens county. Fees of Tax Receiver and Collector of Cherokee county. Concerning salary of Treasurer Richmond county. Board of Education Whitfield county. Commissioners Bibb county may purchase Wiley Turnpike. Commissioners of [Illegible Text] county may assess extra tax. Panels of Grand Juries for Pulaski county reduced. Office of Treasurer of Pulaski county re-established. Acts relating to Commissioners of [Illegible Text] county amended. Commissioners of Houston county may purchase property. Commissioners of Taylor county created. Compensation of Commissioners of Mitchell county. Compensation of Ordinary of [Illegible Text] county. Ordinary of Milton county may borrow money. Consolidation of Offices in Chatham county repealed. Sheriff's Bond for Wayne county reduced. Acts relating to Commissioenrs of Crawford county amended. Commissioners of Ware county abolished.

Page 332

CLERK AND SHERIFF OF BROOKS COUNTY. No. 225. An Act to amend an Act entitled an Act to provide for the payment of the fees of the Solicitor-General of the Southern Circuit of this State, in cases of misdemeanor transferred to the County Courts in said Circuit, and for other purposes, so as to provide also for the fees of the Clerk of the Superior Court and Sheriff of the county of Brooks, in said cases. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the above recited Act, which provides that whenever an indictment for misdemeanor shall be transferred from the Superior Court to the County Court of any county in the Southern Judicial Circuit, of this State, it shall be the duty of the Judge of the County Court, to which such indictment is transferred, to pay to the Solicitor-General of said Circuit, out of fines and forfeitures arising from misdemeanors transferred as aforesaid, the sum of five dollars for each indictment so transferred, and if there be no moneys in the hands of the county Judge at the time of such transfer accruing from fines and forfeitures aforesaid, then the fee herein prescribed to be paid by the county Judge out of the first moneys collected on fines and forfeitures arising out of cases so transferred from the Superior Court, which Act was approved February 28, 1876, be amended by adding at the end of the section of the said Act, hereinbefore recited, the following words to-wit: And the fees of the Clerk of the Superior Court and Sheriff of the county of Brooks, in said circuit, which have accrued in said cases, shall be paid in the same way and upon the same terms. Act [Illegible Text] in caption, amended. Amendment added to Section quoted. SEC. II. Be it further enacted, That all laws in conflict with this Act are hereby repealed. Approved October 8, 1879.

Page 333

CLERK OF SUPERIOR AND CITY COURTS OF CHATHAM COUNTY. No. 295. An Act to authorize the Clerk of the Superior Court of Chatham county, and the Clerk of the City Court of Savannah to require a deposit for payment of costs, and for other purposes. SECTION I. 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 when any civil suit is brought in the Superior Court of chatham county, or in the City Court of Savannah, it shall be lawful for the Clerk of the Court in which said suit is brought to demand from the plaintiff in such suit, a deposit in money sufficient to cover the usual and ordinary costs of the Clerk and Sheriff in such suits, and until such deposit is made, such Clerk shall not be obliged to docket, or do any other act connected with such suit, except marking the same filed, with the date of the filing, and if the plaintiff be cast in such suit, or if the suit be dismissed or withdrawn, such Clerk shall return to plaintiff any surplus of such deposit after payment of all Clerk's and Sheriff's costs, if any there be, and if the defendant be cast, such Clerk may immediately issue execution against such defendant for all costs, and upon their collection shall return to the plaintiff the amount of such deposit, or upon a return of nulla bona upon such execution, shall pay all the costs out of such deposit, returning the surplus, if surplus there be, as when the plaintiff is cast: Provided, that this Act shall not be construed to apply to any person who, on commencing any suit, shall file with the Clerk an affidavit that he is advised by some attorney at law, and believes that he has good cause of action, and from his poverty is unable to make the deposit required by this Act, in which case his suit shall proceed as if this Act had not been passed Chatham Co., clerk of Superior and City Court, authorized to require a deposit for the payment of costs. Proviso. SEC. II. And it is further enacted by the authority of the same, That in all ex-parte and other proceedings not provided for in the first section of this Act, said Clerks may require all costs to be paid in advance, unless the person or persons liable to pay such costs shall make an affidavit of inability to do so on account of his, her or their poverty: Provided, that the provisions of this Act shall apply not to parties living outside of Chatham county. Clerks to require all costs to be paid in advance, except in case of poverty. SEC. III And be it further enacted by the authority of the same, That all laws or parts of laws conflicting with this Act be, and the same are hereby, repealed, so far as they conflict. Approved October 17, 1879.

Page 334

ORDINARY OF FULTON COUNTYABSTRACT OF TITLES. No. 121. An Act to authorize the Ordinary of Fulton county to enter into a contract with the owner of the Abstract of Title of Fulton county, to furnish said abstract book, and keep up the same for the benefit of the people of said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Ordinary of Fulton county shall have authority to enter into a contract with the owner of the Abstract of Title of Fulton county, to furnish said abstract book and keep up the same for the benefit of the people of said county: Provided, that the first grand jury empaneled in Fulton Superior Court, at the Fall term of said Court to be held in the year 1879, shall agree to the purchase of said Abstract of Title, or the use thereof, and shall also agree to the price to be paid the owner. Ordinary authorized to buy the Abstract of Title for Fulton Co. SEC. II. Be it further enacted, That the amount to be paid to said owner of the said Abstract of Title by said Ordinary, shall be paid out of the county fund of Fulton county, as other debts due by said county are paid. Purchase money to be paid out of county fund. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12, 1879. COMMISSIONERS OF ROADS AND REVENUE FOR PUTNAM COUNTY. No. 108. An Act to create a Board of Commissioners of Roads and Revenue for the county of Putnam, and to define its powers and duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That at the next regular Fall term of the Superior Court of said county, after the passage of this Act, the grand jury of said county shall elect, by ballot, three discreet and upright citizens, who are resident freeholders of said county, one of whom shall be elected for one year, and one shall be elected for two years, and the other shall be elected for three years, and each succeeding grand jury at the Fall term shall elect one Commissioner, who shall hold said office for three years, unless removed by death, resignation, or by recommendation of two-thirds of the grand jury, for incompetency or malpractic in office, or until their successors

Page 335

are elected and qualified; and they shall take the oath prescribed for civil officers of this State. Grand jury to elect free holders as board of commissioners. SEC. II. Be it further enacted by the General Assembly of the State of Georgia, That said Commissioners shall hold their meetings on the first Tuesday in every third month, at the court-house in said county, beginning on the first Tuesday after the Fall term of the Superior Court: Provided, that the regular time of meeting may be changed to some other day of the month by order on their minutes, which order shall remain of full force until rescinded: And provided further, said Commissioners may hold special sessions at any time they may see proper, or may be called together by a majority of said body. Commissioners, when and where to hold [Illegible Text] meetings. A majority may call the board together. SEC. III. Be it further enacted by the General Assembly of the State of Georgia, That a majority of said Commissioners shall constitute a quorum to transact business, or exercise any power herein delegated pertaining to the duties of said Commissioners. A majority shall constitute a quorum. SEC. IV. Be it further enacted by the General Assembly of the State of Georgia, That said Commissioners shall have power to exercise exclusive and original jurisdication over the following subject matters, to-wit: Original and exclusive jurisdiction of the commissioners. First. In directing and controlling all the property of the county, as they may deem expedient, according to law. County property. Second. In levying a general tax for general purposes, and a special tax for particular purposes, according to the provisions of the law in such cases made and provided. Taxes, general and special. Third. In establishing and changing election precincts and militia districts. Election precincts. Fourth. In examining and auditing the accounts of all officers having the care, management, keeping, collecting or disbursem*nt of money belonging to the county, or appropriated for its use and benefit, and in bringing them to a settlement. Official accounts of county officers. Fifth. In examining, settling and allowing all claims against the county. Claims against the county. Sixth. In establishing, altering, or abolishing, all roads, bridges, and ferries, in conformity to law. Roads, bridges and ferries. Seventh. In making such rules and regulations for the government of the poor-house, or paupers of the county, and for the promotion of health, as are granted by law, or are not inconsistent therewith. Poor and paupers of county. Eighth. In regulating peddling, and fixing the license therefor, and fixing the amount of the license for the sale of spirituous liquors. Peddlers and dealers. SEC. V. Be it further enacted by the General Assembly of the State of Georgia, That said Commissioners shall have the same power of appointing Road Commissioners, and enforcing the road laws, the Justices of the Inferior Court had by the Code of this State, prior to the ratification of the Constitution of eighteen hundred and sixty-eight of this State, and shall exercise such other powers

Page 336

as are granted by the Code of the State to said Justices, or said Court, or are indispensable to their jurisdiction, and shall have no jurisdiction, save and except such as pertains to county matters. Powers over road commissioners. SEC. VI. Be it further enacted by the General Assembly of the State of Georgia, That the Treasurer of the 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 and sanctioned by at least a majority of said Commissioners. Sign and sanction all orders on county treasurer. SEC. VII. Be it further enacted by the General Assembly of the State of Georgia, that the Board of Commissioners shall elect their own clerk with such pay as said Board may allow, and said clerk shall take charge of the Minutes of said Commissioners, and all books or records appertaining to said Commissioners Court, and keep the same in some safe room in the courthouse, as said Commissioners may direct. Election of clerk-compensation of. SEC. VIII. Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the Ordinary and Judge of the County Court of said county, to turn over to said Commissioners all books and papers relating to the jurisdiction and powers herein conferred, and the Ordinary and said Judge of County Court, on the election and qualification of said Board of Commissioners, shall have no power to exercise any of the powers herein conferred upon said Commissioners. Ordinary and Judge of County Court to turn over books, etc. SEC. IX. Be it further enacted by the General Assembly of the State of Georgia, That said Commissioners shall receive three dollars per day, each, while occupied at the regular or special sessions in transacting business for county purposes, to be paid by the Treasurer of the county. Commissionershow paid. SEC. X. Be it further enacted by the General Assembly of the State of Georgia, That all vacancies in said Board, shall be filled by the remaining Commissioners, until the next meeting of the grand jury. Vacancieshow filled. SEC. XI. Be it further enacted, by the General Assembly of the State of Georgia, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 8, 1879.

Page 337

COMMISSIONER OF ROADS AND REVENUE FOR FORSYTH COUNTY. No. 110. An Act to provide one Commissioner of Roads and Revenue in the county of Forsyth, and to prescribe his powers and duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, all the powers and duties of the Ordinary of Forsyth county, so far as relate to roads, bridges, ferries, public buildings and other property, management of the county jail, and its fees, the care and maintenance of paupers, assessing and collecting taxes, disbursing public money for county purposes, and the execution of all laws in reference thereto, and so far as the same relate to all other county matters over which the Inferior Court had jurisdiction at the time it was abolished, are hereby conferred upon one Commissioner of Roads and Revenue for said county of Forsyth, to be elected and commissioned as hereinafter set out. Jurisdiction of Ordinary, etc. SEC. II. Be it further enacted by the authority aforesaid, That said Commissioners shall be elected on the first Wednesday in October, 1879, and thereafter at the regular time for holding elections for county officers, and shall qualify and be commissioned by the Governor as other county officers, and shall, before entering upon the discharge of his duties, file in the Ordinary's office of the county of Forsyth, good and sufficient bond and security, in the sum of two thousand dollars for the faithful discharge of his duties as such Commissioner, which bond shall be approved by the Ordinary. First election for commissionerswhen to be held. SEC. III. Be it further enacted by the authority aforesaid, That any vacancy occurring in said office shall be filled as vacancies in county offices are filled, and the Ordinary shall perform the duties of County Commissioner until the person elected to fill such vacancy shall be duly elected and qualified. Vacancieshow filled. SEC. IV. Be it further enacted by the authority aforesaid, That said Commissioner shall [Illegible Text] from the County Treasurer, annually, the sum of two hundred and twenty-five dollars. Commissioner's annual salary. SEC. V. 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 September 18, 1879.

Page 338

COMMISSIONERS OF CERTAIN COUNTIES ABOLISHED. No. 151. An Act to repeal the several Acts establishing Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch and Heard, respectively, and the county of Lumpkin. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the several Acts establishing Boards of Commissioners of Roads and Revenues in the counties of Jones, Chattahoochee, Douglas, Bulloch, and Heard, respectively, and the county of Lumpkin, be, and the same are hereby, repealed; Provided, That nothing herein contained shall be construed to, in any way, effect, or abolish a certain suit now pending in Douglas Superior Court, by mandamus, in favor of Ezekial Polk, S. P. Abercrombie and Andrew J. Richards, the Board of Commissioners of roads and revenue, of Douglas county, against William A. Magouirk, Ephraim Tray, J. H. Winn, John C. Bowdon, and John M. James, former Ordinary of Douglas county, but the same may proceed in the name of the plaintiff for the use and benefit of the county of Douglas, as if this Act had not passed. Road commissioners, Acts establishing boards of for certain counties, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879. COMMISSIONERS FOR COWETA COUNTY MAY PURCHASE MOORE'S BRIDGE. No. 174. An Act to authorize and empower the County Commissioners for the county of Coweta in this State to purchase the bridge at Moore's ferry, on the Chattahoochee river, or to erect one at or near that point on said river, and to make the same a free bridge; and to require the Ordinary of said county to submit the question of said purchase or erection to the legal voters of Coweta county, for their approval or disapproval, and for other purposes herein mentioned. SECTION I. Be it enacted by the Senate and House of Representatives of Georgia, in General Assembly met, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the County Commissioners of Coweta county be, and they are hereby, empowered and authorized to purchase the bridge at

Page 339

Moore's ferry, on the Chattahoochee river, or to erect one at or near Moore's ferry on said river, and make the same a free bridge, in compliance with the requirements hereinafter set forth. Coweta Co., commissioners of authorized to purchase bridge, etc. SEC. II. Be it enacted by the authority aforesaid, That the Ordinary of said county is hereby required to submit the question of purchase or erection of such bridge to the legal voters of said county, by ordering an election on the first Saturday in January, 1880, after giving notice of said election for thirty days prior to the same in the public gazettes of the county; and at said election all persons qualified to vote for members of the General Assembly shall be allowed to vote. Said voters shall endorse upon their ballots, when favoring the purchase or erection of said bridge, free bridge, and if opposed to the same, they shall endorse on their ballots No bridge. Said election shall be held at the places and under the same rules and regulations that now govern elections for county officers in this State, and the returns of said election shall be made to the Ordinary of said county; who is hereby empowered to open, examine and consolidate the vote. And if a two-thirds majority of the lawful voters of said county have endorsed on them Free bridge, said Ordinary shall declare the result, and report the same to the County Commissioners of said county, under seal of his office, at their next regular meeting after said consolidation. The returns from the several precincts shall be handed to the Ordinary by 5 o'clock P. M. of the Monday after said election. Submission of question to the legal voters, election of, how held, etc. SEC. III. Be it enacted further, by the authority aforesaid, That so soon as said report be made to the said County Commissioners they may proceed at once, or so soon as they think expedient, during said year, to purchase the bridge at Moore's ferry, if the same may be done at a fair valuation, in their discretion. And if they do not make said purchase, then they may proceed to erect or build a good and substantial, bridge at or near Moore's ferry, across said Chattahoochee river, which shall be a free bridge: Provided, the right to erect said bridge may be obtained from owners of land on which the same shall be erected, without too much expense, in the discretion of said Commissioners. The costs of the purchase, or the erection, of said bridge may be paid out of the Treasury of said county, on an order of the Commissioners, from any money not otherwise appropriated. Or, if necessary, said County Commissioners may assess and levy a tax, as other county taxes, to pay the expense of purchase or erection of said bridgewhich said tax shall not exceed one-fifth of one percentum on the taxable property of the county. Commissioners to erect bridgein what case. Proviso. SEC. IV. Be it further 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 September 29, 1879.

Page 340

TAX COLLECTOR, RECEIVER AND TREASURER OF CALHOUN. No. 155. Act Act to repeal an Act entitled an Act to regulate the Compensation of Tax Collector and Tax Receiver for collecting and assessing the State and county tax for the county of Calhoun, and to fix the salary of County Treasurer for said county, approved February 27, 1877, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly, approved the 27th day of February, 1877, fixing and regulating the compensation of Tax Receiver, Tax Collector and County Treasurer of the county of Calhoun be, and the same is hereby, repealed. Act of 1877, repealed. SEC. II. Be it further enacted, That this Act shall not take effect until January 1st, 1881. When to take effect. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879. COMMISSIONERS FOR COBB, DOOLY, HENRY AND TELFAIR. No. 175. An Act to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Cobb, Dooly, Henry and Telfair, in this State, to prescribe their powers and duties, and to fix their compensation, and the pay of the officers employed by them. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That an election for five Commissioners of Roads and Revenue, for each of the counties of Cobb, Dooly, Henry and Telfair, in this State, shall be held in said counties on the first Tuesday in November, of the year 1879, in the manner now provided by general law for the election of county officers in this State. Creation of board of commissioners, etc. SEC. II. Be it further enacted, by the authority aforesaid, That the qualifications of voters at said election, and the manner of making returns thereof, shall be the same as are prescribed by the general laws of this State for elections of other county officers. Qualification of voters. SEC. III. Be it further enacted by the authority aforesaid, That of the five Commississtoners to be first elected under this Act in

Page 341

each of said counties on the first Tuesday in November, 1879, three shall be elected and commissioned by the Governor to serve until the general election of county officers, to be held in said counties on the first Wednesday in January of the year 1883; and two of the Commissioners to be chosen on said first Tuesday in November, 1879, shall be elected and commissioned by the Governor to serve until the general election for county officers to be held in said counties for the year 1881; and the successors of the three Commissioners whose election is first above provided for, shall be chosen at the general election of county officers in said counties, to be held in the year 1883, and quadrennially thereafter; and the successors of the two Commissioners whose terms will expire in 1881, shall be chosen at the general election of county officers, to he held in said counties in the year 1881, and quadrennially thereafter; but vacancies occurring in said Boards shall be filled by the remaining members of the Board in which such vacancy occurs, and Commissioners so appointed to fill vacancies, shall be commissioned by the Governor for the unexpired term for which they are appointed. Commissioners, elected, commissioned, etc. SEC. IV. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Commissioner under this Act, who has not at the date of his election attained the age of twenty-five years; and who has not been a resident freeholder of the county in which he is to serve, for at least two years, next preceding the date of such election; and said Commissioners shall be liable to be removed from office at any time, upon indictment and conviction for malpractice to corruption in office, in the same manner as Justices of the Peace may be removed from office under existing law. When eligible, and liable to be removed. SEC. V. Be it further enacted by the authority aforesaid, That said Boards shall meet in regular session, once in each month, at the county sites of their respective counties, for the transaction of county business; bnt may meet in extraordinary session whenever public necessity may require; and said Board shall at their first meeting after their organization under this Act, appoint some suitable person to serve as clerk of their respective Boards, whose term of office shall be four years, unless sooner removed by said Boards, for incompetencey or malpractice in office; and whose compensation shall be fixed by said Boards at their first meeting each year. And the Commissioners shall, when fixing the yearly salary of the clerk, fix their own compensation, which shall, in no case exceed the sum of two dollars for each member for every days attendance on the regular monthly meetings of their respective Boards; the compensation herein provided for Commissioners and clerks to be paid out of the county Treasuries of their respective counties, on orders signed by the chairmen of said several Boards. It shall be the duty of the clerks to attend on

Page 342

all meetings of their respective Boards, and to keep in well bound books, to be provided at the expense of the several counties, full and accurate records and minutes of all transactions of the Boards; to file, in the order of their date, all original orders and other papers belonging to said Boards; to arrange and keep in the order of their filing, all petitions, applications, and other papers addressed to the Boards; and to record in a separate book all orders made or approved by said Boards, for the payment of money by the county Treasurers of their respective counties; and all books, files and records by this Act required to be used and kept, shall be always open at the several county sites for the inspection of all tax-payers of said counties. Meeting of boards, and appointment of clerks. Clerks of boards, duties of. SEC. VI. Be it further enacted by the authority aforesaid, That said Boards shall at their first meeting in each year, choose one of their number chairman, whose duty it shall be to preside at all meetings of their respective Boards; to approve and sign the minutes of each meeting; and to sign as chairman all orders and processes of said Boards. Three members of each of said Boards shall constitute a quorum for the transaction of business, and the concurrence of a like number shall be necessary for the making or approval of all contracts and orders, on the County Treasurers of their respective counties; and said Boards, shall in their respective counties, have exclusive jurisdiction over the following subject matter, to-wit: To provide for the control, management, preservation and repair of county buildings, and other public property; to levy general taxes for general purposes, and special taxes for special purposes; to establish, alter, and abolish roads, bridges and ferries; to lay out and establish new militia districts and election precincts; to change polling places, and to alter the lines of militia districts; to examine and approve the bonds of all county officers; to examine, audit and provide for the settlement of the accounts of all persons charged with the collection, care or disbursem*nt of public money of their respective counties; to provide for the management and support of paupers; to approve and direct the payment of all orders on County Treasurers for the payment of public money; to fix the license for peddling, and to exercise under the general laws of this State, such powers as were, prior to the adoption of the constitution of 1868, exercised by the Inferior Courts over county matters in this State. Chairman of boards to be chosen, duties of. Said board to have [Illegible Text] over certain subjects matter. SEC. VII. Be it further enacted by the authority aforesaid, That said Commissioners shall, before entering on their duties, each take and subscribe before the Ordinaries of their respective counties, the oath now prescribed by law to be taken by county officers: which oath shall be filed in the offices of said Ordinaries; and said Board shall through their respective chairmen, at least once in each year, prepare and submit to the grand juries of their respective counties, complete statements in writing, of the condition of the county property, paupers, and finances: and shall, whenever called

Page 343

on by said grand juries, furnish them full and distinct information concerning the public business of their respective counties. Said Boards shall, when sitting for county purposes, have the same power to punished for contempt, as is now exercised by Ordinaries; and shall also have power to enforce by subp[oelig]na and attachment, the attendance of witnesses, and to require the Sheriffs of their respective counties to attend all sittings of the Boards, and to serve all processes and notices issued thereby, for which service the Sheriffs shall receive the same compensation as they are allowed by law for like service in the Superior Court. Oath and duties of commissioners. Power of said boards to punish for contempt, etc. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 29, 1879. COMMISSIONERS OF BIBB COUNTY AND ELECTION EXPENSES. No. 176. An Act to repeal an Act, approved February 26, 1877, authorizing and requiring the County Commissioners of Bibb county, to pay all necessary and proper expenses incurred in conducting elections in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and immediately after the passage of this Act, the Act approved February 26, 1877, authorizing and requiring the County Commissioners of the county of Bibb, to pay out of the County Treasury, all necessary and proper expenses incurred in conducting the elections in said county, and in investigating contested elections in said county, be, and the same is hereby, repealed. Act of 1877 as to county [Illegible Text] repealed. SEC. II. Be it further enacted, That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved September 30, 1879.

Page 344

COMMISSIONERS OF FLOYD, BERRIEN, EFFINGHAM AND OTHER COUNTIES. No. 178. An Act to amend an Act to create a Board of Commissionere of Roads and Revenue in the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, so far as the same relates to the county of Sumter. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That the Act of the General Assembly, approved December 11, 1871, entitled: An act to create a Board of Commissioners of Roads and Revenue for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, be, and the same is hereby, amended, so far as relates to the county of Sumter, so as to authorize said Board of Commissioners for the county of Sumter to pay to the clerk of said Board an annual salary not exceeding two hundred dollars. Act of 1871 as to clerk of county commissioners, amended. SEC. II. When said salary shall be fixed, it shall be paid out of any funds of the county Treasury of Sumter county on the warrant of the Commissioners. Salary, how paid. SEC. III. Be it further 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 September 29, 1879. COMMISSIONERS OF BIBB COUNTY MAY PURCHASE PROPERTY. No. 188. An Act to authorize the County Commissioner of Bibb county to purchase property put up for sale for State and county taxes due in said county, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That whenever, at any sale under and by virtue of a fi. f a. issued by the Tax Collector of Bibb county for State and county taxes, no one present shall bid for the property put up to be sold the amount of the taxes for which it is proposed to sell the same, and costs, then, after the property shall have been cried a reasonable time, it shall be lawful for the Board of County Commissioners for said county, by their clerk, or other authorized agent, to bid

Page 345

off such property for the county, bidding therefor the amount of State and county tax for which the same is sold, together with accrued costs. Bibb countycommissioners of, authorized to bid for property in certain cases. SEC. II. Be it further enacted by the authority aforesaid, That when such property is so bid off, it shall be the duty of the Sheriff, or other officer making the sale, to make and deliver to said Board of Commissioners a deed to the property sold, and to put said Board or their authorized agent in possession under such deed; and said Board of Commissioners shall have power to rent, sell or otherwise dispose of property so purchased, subject, nevertheless, to the former owner's right of redemption within the time prescribed by law; and the title, rights and powers of said Board under such deed shall be, in all respects, the same as those of an individual purchasing at tax sales. Sheriff to make deed of property. SEC. III. Be it further enacted, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 30, 1879. COMMISSIONERS OF GWINNETT COUNTY. No. 80. An Act to so alter and amend section 6, of an Act entitled an Act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 26, 1872, so as to authorize said Commissioners to appoint or employ their own clerk (who may be one of their own body) and to fix his compensation at a sum not to exceed one hundred dollars per year, and to pay the Sheriff two dollars per day for attending the sittings of said Board, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, section 6 of an Act to create a Board of Commissioners for the county of Gwinnett, and to prescribe and define the powers and duties thereof, approved August 26, 1872, be so altered and amended as to read as follows: That said Commissioners shall have authority to appoint or employ their own clerk (who may be one of their own body) whose duty it shall be to keep a minute of the proceedings of said Board of Commissioners, in a well bound book, to be provided at the expense of the county, and shall receive as compensation, for his services, a sum not exceeding one hundred dollars per year to be fixed by said Commissioners; and it shall be the duty of the Sheriff when required to do so, to attend the sittings of said Board,

Page 346

for which services he shall be allowed the sum of two dollars per day. Board of commissioners may employ clerk. Clerk may be one of the board. SEC. II. Be it further 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 28, 1879. ORDINARY OF CLARKECOUNTY. No. 120. An Act to authorise the Ordinary of Clarke county to issue four per cent bonds, to substitute for county bonds now outstanding. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly Convened. That from and after the passage of this Act, the Ordinary of Clarke county, or such other officer of said county as may be hereafter invested with the control of the county business of said county, shall be, and he is hereby, authorized, to issue bonds of such size and denomination as he may deem proper to run twenty years, and bearing not exceeding four per centum interest per annum, or if he should find it necessary, five per centum, payable quarterly, semi-annually, or annually, and to sell the same for not less than par value, the proceeds of such sales to be used for the redemption of Clarke county bonds past due, or which can legally be called in at any time before falling due: Provided, that the amount of bonds issued at any time under this Act, shall not exceed the amount of bonds past due, or the amount of bonds for which a call has been made conformably to law, and the terms of said outstanding bonds. Ordinary may issue bonds. Amount of bonds limited. SEC. II. Be it further enacted, That the above mentioned bonds may be issued from time to time, as may be necessary: Provided, that the total amount of bonds issued under this Act, shall not exceed the amount of Bonds of said county outstanding at the time any installment of these bonds are issued. Bonds may be issued from time to time as may be necessary. SEC. III. Be it further enacted, That at any time before bonds not due, or called in, bearing seven per cent or more interest, shall become due, or be called in, the Ordinary may, in his discretion, exchange bonds issued under this Act, for such bonds upon presentation by the holders, or their agents, allowing such holdersnot exceeding three months interest on the bonds offered for exchange. Bonds issued under this Act may be exchanged for present bonds of county. SEC. IV. Be it further enacted, That at any time the Ordinary may direct the Treasurer of the county to invest not exceeding three-fourths of the county funds in his hands, in the bonds issued under this Act, the proceeds to be used in accordance with section

Page 347

1, of this Act; and that after such investment by the Treasurer, said Treasurer may re-sell said bonds at not less than par value for the purpose of raising money to pay current demands against the county, where the parties presenting orders on the Treasurer will not receive these bonds in payment therefor. Treasurer may invest in said bonds under Ordinary's order. SEC. V. Be it further enacted, That all laws conflicting with this Act be, and the same are hereby, repealed. Approved September 12, 1879. COMMISSIONERS OF DECATUR COUNTY MAY ISSUE BONDS. No. 116. An Act to authorize the Board of County Commissioners for Decatur county, to issue bonds not to exceed the sum of ten thousand dollars, and bearing interest not exceeding the rate of seven per cent. per annum, for the purpose of building a bridge across the Flint river, at or near Bainbridge, Decatur county, Georgia; and to provide for the payment of the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the County Board of Commissioners for the county of Decatur, are hereby authorized to issue coupon bonds of said county, for a sum not exceeding ten thousand dollars of such denomination as may be deemed advisable, to be payable as follows: the said ten thousand dollars of bonds to be divided into equal installments and payable at such times as the said Board may fix: Provided, no installment shall be payable at a further time than the first day of January, 1890. All of said bonds, principal and interest, to be payable at such place as may be named in the bonds, and to bear interest at the rate of not more than seven per cent. per annum, payable semi annually. Coupon bonds of Decatur county not exceeding $10,000 of any denomination divided into equal installments. SEC. II. Be it further enacted by the authority aforesaid, That said Board shall provide for the prompt payment of the principal and interest of said bonds as the same may become due; and for this purpose are hereby authorized to levy such additional tax to that now allowed by law for the county of Decatur, as will raise the sum of not more than one thousand dollars per annum, until the said bonds are fully paid off and discharged. Prompt payment of principal and interest of bonds at maturity. SEC. III. Be it further enacted by the authority aforesaid, That the said bonds shall be signed by at least three of the County Commissioners, and the coupons shall be signed by the Treasurer of said county, and said bonds shall be entered on the minutes of the Board of County Commissioners by the clerk of said Board. Bonds signed by at least three of county commissioners, etc.

Page 348

SEC. IV. Be it further enacted by the authority aforesaid, That the money realized from the sale of the bonds authorized to be issued by this Act, shall be issued for no other purpose than to build a bridge over the Flint river at or near Bainbridge, Decatur county, Georgia; and the bonds authorized by this Act shall not be sold for less than ninety cents on the dollar. Money arising from sale of bonds, how applied. SEC. V. Be it further enacted, That before this Act shall take effect, said Board of Commissioners of Decatur county shall first obtain the assent thereto of two-thirds of the qualified voters of said county, at an election for that purpose to be held as follows, to-wit: at such places in said county, and under such regulations as govern the election of members of the General Assembly, and on such day as said Board may select, notice of such election to be given by them once a week for four weeks next preceding such day, by publication in some newspaper published in said county, and at such election each voter shall have written or printed on his ballot, the words, In favor of creating the debt, or the words, Against creating the debt; the returns of said election shall be made to the Ordinary of said county, who shall canvass and consolidate the same and declare the result; and if it appear from said result that two-thirds of the qualified voters of said county have voted ballots having endorsed on them the words, In favor of creating the debt, then this Act shall become of full force and effect, said Board being hereby authorized to decide whether said result declared by the Ordinary, shows the assent of two thirds of the qualified voters of said county. This Acthow ratified. Returns, how made. SEC. VI. Be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 10, 1879. SHERIFF OF COBB COUNTYHIS POWERS ABRIDGED. No. 114. An Act to repeal an Act entitled an Act, to make and constitute the Sheriff of the county of Cobb, ex-officio Tax Collector of said county, to prescribe his duties as such, to fix his compensation therefor, and for other purposes therein mentioned; approved February 28, 1876. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That the above recited Act be, and the same is hereby, repealed from and after the first day of January, 1881. Act making sheriff of Cobb Co. tax collector, amended. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 10, 1879.

Page 349

COMMISSIONERS OF PAULDING ABOLISHED. No. 148. An Act to repeal an Act creating a Board of County Commissioners of Roads and Revenues for the county of Paulding, approved December 13, 1871. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act, creating a Board of County Commissioners of Roads and Revenues for the county of Paulding be, and the same is hereby, repealed. Commissioners of Paulding Co., Act creating, repealed. SEC. II. Be it further 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 September 26, 1879. TAX COLLECTOR, RECEIVER, AND COUNTY TREASURER OF CLAY. No. 213. An Act to repeal an Act entitled an Act to reduce the Commissions of the Tax Collector and Tax Receiver for collecting the county tax for the county of Clay; and to repeal an Act entitled an Act to reduce the Commissions of the county Treasurer for said county, both of which Acts were approved February 28, 1876. SEC. I. Be it enacted by the Senate and House of Representatives of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the above recited Acts, approved February 28, 1876 be, and they are hereby, repealed. Acts recited in caption repealed. SEC. II. 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 October 8, 1879.

Page 350

TAX RECEIVER, COLLECTOR AND SCHOOL COMMISSIONER OF FORSYTH COUNTY. No. 139. An Act to repeal an Act entitled `an Act to reduce the salaries of Tax Receiver, Tax Collector and School Commissioner, for the county of Forsyth, State of Georgia, approved February 27, 1877. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, an Act to reduce the salaries of Tax Receiver, Tax Collector and School Commissioner for the county of Forsyth, in this State, approved February 27, 1877, which Act fixed the salary of Tax Receiver at the sum of two hundred dollars; the salary of Tax Collector at three hundred dollars, the salary of county School Commissioner at one hundred dollars per annum be, and the same is hereby, repealed. Salaries. SEC. II. 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 September 24, 1879. COMMISSIONERS OF EMANUEL, MARION AND JOHNSON COUNTIES. No. 145. An Act to provide for the creation of Boards of Commissioners of Roads and Revenue in the counties of Emanuel, Marion and Johnson, in this State, to prescribe their powers and duties, and to limit the compensation of the officers employed by them. SECTION I. Be enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That an election for five Commissioners of Roads and Revenue for each of the counties of Emanuel, Johnson and Marion, in this State, shall be held in said counties on the first Tuesday in November, of the year 1879, in the manner now provided by general law for the election of county officers in this State. County commissionerselection of. SEC. II. Be it further enacted, by the authority aforesaid, That the qualification of voters at said election, and the regulations for making returns thereof shall be the same as are prescribed by the laws of this State for elections of other county officers. Qualification of voters, etc. SEC. III. Be it further enacted by the authority aforesaid, That of the five Commissioners to be first elected under this Act in each

Page 351

of said counties on the first Tuesday in November, 1879, three shall be elected and commissioned by the Governor to serve until the general election for county officers to be held in said counties on the first Wednesday in January, of the year 1883, and two of the Commissioners to be chosen on said first Tuesday in November, 1879, shall be elected and commissioned by the Governor to serve until the general election for county officers to be held in said county for the year 1881, and the successors of the three Commissioners whose election is first above provided for, shall be chosen at the general election of county officers in said counties, to be held in the year 1883, and quadrennially thereafter, and the successors of the two Commissioners whose terms will expire in 1881, shall be chosen at the general election of county officers, to be held in said counties in the year 1881, and quadrennially thereafter; but vacancies occurring in said Boards shall be filled by the remaining members of the Board in which such vacancy occurs, and Commissioners so appointed to fill vacancies shall be commissioned by the Governor for the unexpired term for which they are appointed. To be commissioned by the governor. Vacancies. SEC. IV. Be it further enacted by the authority aforesaid, That no person shall be eligible to the office of Commissioner under this Act, who has not, at the date of his election, attained the age of twenty five years, and who has not been a resident freeholder of the county in which he is to serve for at least two years, next preceding the date of such election; and said Commissioners shall be liable to be removed from office at any time, upon indictment and conviction for malpractice or corruption in office, in the same manner as Justices of the Peace may be removed from office under existing law. Who eligible to the office of commissioner. SEC. V. Be it further enacted by the authority aforesaid, That said Boards shall meet in regular session, once in each month, at the county sites of their respective counties, for the transaction of county business, but may meet in extraordinary session whenever public necessity may require; and said Boards shall, at their first meeting after their organization under this Act, appoint some suitable person to serve as clerk of their respective Boards, whose terms of office shall be four years, unless sooner removed by said Boards for incompetence or malpractice in office, and whose compensation shall be fixed by said Boards at their first meeting in each year, at any sum not exceeding twenty-five dollars per annum; the compensation so allowed such clerk, to be paid out of the county Treasuries of their respective counties, on orders signed by the chairman of said several Boards. It shall be the duty of the clerks to attend on all meetings of their respective Boards, and to keep in well bound books, to be provided at the expense of the several counties, full and accurate records and minutes of all the transactions of the Boards; to file in the order of their date, all original orders and other papers belonging to said Boards; to arrange and keep in the order of their filing, all petitions,

Page 352

applications, and other papers addressed to the Board; and to record in a separate book all orders made by, or asked of, said Boards for the payment of money by the county Treasurers of their respective counties; and all books, files, and records, by this Act required to be used and kept, shall be always open at the several county sites for the inspection of all tax payers of said counties. When and where board shall meet. Compensation to be fixed by board, not exceeding $25 per annum. SEC. VI. Be it further enacted by the authority aforesaid, That said Boards shall, at their first meeting in each year, choose one of their number chairman, whose duty it shall be to preside at all meetings of their respective Boards, to approve and sign the minutes of each meeting, and to sign, as chairman, all orders and processes of said Boards. Three members of each of said Boards shall constitute a quorum for the transaction of business, and the concurrence of a like number shall be necessary for the making or approval of all contracts and orders on the County Treasurer of their respective counties, and said Boards shall in their respective counties have exclusive jurisdiction over the following subjects, to-wit: to provide for the control, management, preservation and repair of county buildings, and other public property; to levy general taxes for general purposes, and special taxes for special purposes; to establish, alter and abolish roads, bridges and ferries; to lay out and establish new militia districts and election precincts; to change polling places, and to alter the lines of militia districts; to examine and approve the bonds of all county officers; to examine, audit and provide for the settlement of accounts of all persons charged with the collection, care or disbursem*nt of public money of the respective counties; to provide for the management and support of paupers; to approve and direct the payment of all orders on the County Treasurer, for the payment of public money; to fix the license for peddling, and to exercise, under the general laws of this State, such powers as were prior to the adoption of the Constitution of 1868, exercised by the Inferior Courts over county matters in this State. Chairman, when and how chosen Three members to constitute a quorum. SEC. VII. Be it further enacted by the authority aforesaid, That said Commissioners shall, before entering on their duties, each take and subscribe before the Ordinaries of their respective counties, the oath now prescribed by law to be taken by county officers: which oath shall be filed in the offices of said Ordinaries; and said Boards shall, through their respective chairmen, at least once in each year, prepare and submit to the grand juries of their respective counties complete statements in writing of the condition of the county property, paupers, and finances; and shall, whenever called on by said grand juries, furnish them full and distinct information concerning the public business of their respective counties. Said Boards shall, when sitting for county purposes, have the power to punish for contempt as is now exercised by Ordinaries; and shall also have power to enforce by subp[oelig]na and attachment, the attendance

Page 353

of witnesses; and to require the Sheriffs of their respective counties to attend all sittings of the Boards, and to serve all processes and notices issued thereby, for which service the Sheriff shall receive the same compensation as they are allowed by law for like services in the Superior Court. Oath. Report to grand jury. May compel attendance of witnesses, etc. SEC. VIII. 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 September 25, 1879. OFFICE CLERK OF SUPERIOR COURT AND TREASURER OF PAULDING COUNTY SEPARATED. No. 71. An Act to repeal an Act consolidating the offices of Clerk of the Superior Court and county Treasurer of Paulding county, approved February 22, 1877. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act consolidating the offices of Clerk of the Superior Court and county Treasurer of Paulding county, approved February 22, 1877 be, and the same is hereby, repealed. Act repealed. SEC. II. Be it further 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 26, 1879. ORDINARY OF JACKSON COUNTY. No. 56. An Act to authorize the Ordinary of Jackson county to issue County Bonds to build a Court-House in said county, and to provide for the redemption of the same, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Ordinary of Jackson county is hereby authorized and empowered, for the purpose of building a court-house, purchasing a lot, and for such improvements thereon as said Ordinary may deem necessary, to issue and sell, or negotiate bonds of said county, at not less than par value, not to exceed the amount

Page 354

of fifteen thousand dollars, or such less sum as said Ordinary may deem necessary and proper. Ordinary may issue bond to build court-houses. SEC. II. Be it further enacted by the authority aforesaid, That said bonds shall be of denomination not less than one hundred dollars, nor greater than five hundred dollars each, and shall run for a period not to exceed twenty years, and shall be redeemable at the option of the county at any time after three years, by giving thirty days' notice in the public gazette doing the county printing. Shall run for not more than 20 years. SEC. III. Be it further enacted by the authority aforesaid, That the bonds authorized by the first section of this Act shall be issued and signed by the Ordinary of said county, and the county Treasurer of said county shall countersign the bonds, and sign each coupon; said bonds shall be registered by the Ordinary of said county in a book kept for that purpose; they shall bear interest at the rate of seven per cent. per annum, to be paid by the county Treasurer semi-annually in gold coin, or its equivalent in currency, and the faith and credit of said county of Jackson are hereby pledged for their payment. Bonds to be signed by the Ordinary, etc. SEC. IV. Be it further enacted by the authority aforesaid, That said Ordinary shall provide for the prompt payment of the principal and interest of said bonds, as the same may become due, and said Ordinary shall call in and take up an amount of said bonds in a sum of at least five hundred dollars per annum, after three years have elapsed from the date of the issuance of said bonds, and for this purpose said Ordinary is hereby authorized to levy such additional tax to that now allowed by law as will raise such sums as may be necessary to fulfill the requirements of this Act, until the said bonds are fully paid off and discharged. Ordinary shall provide for prompt payment of principal and interest SEC. V. Be it further enacted by the authority aforesaid, That before this Act shall take effect, said Ordinary of Jackson county shall first obtain the assent thereto of two-thirds of the qualified voters of said county, at an election for that purpose, to be held as follows, to-wit: at such places, in said county, and under such regulations, as govern the election of members of the General Assembly, and on such day as said Ordinary may select, notice of such election to be given by him once a week for four weeks next preceding such day by publication in some newspaper published in said county, and at such election each voter shall have written or printed on his ballot the words, In favor of issuing bonds, or the words, Against issuing the bonds. The return of said election shall be made to the Ordinary of said county, who shall canvass and consolidate the same, and declare the result, and if it appears from said result that two-thirds of the qualified voters of said county have voted ballots having written on them the words, In favor of issuing bonds, then this Act shall become of full force and effect. Said Ordinary is hereby authorized to decide whether said result is in favor of issuing the bonds aforesaid. Ratification of this Act. SEC. VI. Be it further enacted by the authority aforesaid, That all

Page 355

laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved August 23, 1879. FEES OF TAX RECEIVER AND COLLECTOR OF LAURENS COUNTY. No. 75. An Act to amend an Act to fix the pay of Tax Receiver and Collector of Laurens county, and to consolidate the office of County Treasurer and Clerk of the Superior Court of said county, and for other purposes, approved February 27, 1877. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, section first (1st) of the above recited Act, which fixed the pay of Tax Receiver and Collector of Laurens county, and consolidated the offices of County Treasurer and Clerk of the Superior Court, be so amended as to read as follows: The Tax Receiver and Collector of Laurens county shall receive: the former, two and a half per cent., and the latter three per cent. in full compensation for receiving and collecting the county taxes of said county, and said compensation shall be allowed from the amount of county tax received in said county. Tax receiver and collectorfees of. SEC. II. Be it further enacted by authority of the same, That said officers be allowed the same fees for receiving and collecting the State tax as are allowed other officers for receiving and collecting the same in other counties. Same fees as other counties. SEC. III. Be it further 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 27, 1879. FEES OF TAX RECEIVER AND COLLECTOR OF CHEROKEE COUNTY. No. 142. An Act to repeal an Act to fix the compensation of the Tax Receiver and Collector of Cherokee county, and for other purposes, approved February 25, 1875, and Acts amendatory thereto, approved February 19, 1876, and to [Illegible Text] the compensation of the Tax Receiver and Collector of said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That

Page 356

from and after the passage of this Act, an Act entitled an Act to fix the compensation of the Tax Receiver and Collector of Cherokee county, and for other purposes, approved February 25, 1875, and an Act amendatory thereto, approved February 19, 1876, which fixes the compensation of said officers in said county at the sum of three hundred dollars, be, and the same are hereby, repealed. Tax receiver and collectorcompensation of. SEC. II. Be it further 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 September 24, 1879. TREASURER OF RICHMOND COUNTY. No. 58. An Act to amend an Act entitled an Act to provide that the Treasurer of Richmond county shall be allowed a salary, and to fix the amount thereof, and for other purposes, approved February 2, 1876. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the Treasurer of Richmond county shall be allowed, in lieu of the compensation now allowed by law, a salary of twelve hundred dollars per annum. Treasurer of Richmond countysalary of. SEC. II. Be it further enacted by the authority aforesaid, That this Act shall take effect upon the expiration of the present incumbent's term of office. Act, when to take effect. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with the foregoing sections be, and the same are hereby, repealed. Approved August 23, 1879. BOARD OF EDUCATION OF WHITFIELD COUNTY. No. 74. An Act to authorize the Board of Education of Whitfield county to order the payment of one hundred and three dollars of the common school fundsa balance due the County School Commissioners for services rendered, and expenses incurred, in the year 1871. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Board of Education of Whitfield county be, and

Page 357

they are hereby, authorized to order the payment, out of the common school funds of said county, the sum of one hundred and three dollarsa balance due the County School Commissioners for services rendered, and expenses incurred, in the year 1871. Board of education to pay school commissioners. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved August 26, 1879. COUNTY COMMISSIONERS OF BIBB. No. 50. An Act to authorize the County Commissioners of Bibb county to purchase the Wiley Turnpike in said county, and make the same a free crossing; to levy a tax for the purchase money, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the County Board of Commissioners for the county of Bibb be, and they are hereby, authorized and empowered, to purchase and open to the public, free of toll, the turnpike across Tobesofkee swamp, in Bibb county and known as the Wiley Turnpike, together with all the rights, franchises and appurtenances thereunto in anywise belonging. Said Board of Commissioners are also hereby authorized and empowered to purchase such width of land on either side of said turnpike for right-of-way as may, in their judgement, seem proper; also, one or more acres of land adjoining said turnpike from which to obtain dirt and gravel for keeping the same in repair. And said Board of Commissioners, and their successors in office, are hereby authorized to levy a tax for the purposes enumerated in this Act. Commissioners authorized to purchase and open to free passage the Wiley Turnpike. SEC. II. Be it further enacted, That all laws and parts of laws militating against the provisions of this Act be, and the same are hereby, repealed. Approved August 18, 1879.

Page 358

COMMISSIONERS OF NEWTON COUNTY MAY ASSESS EXTRA TAX. No. 125. An Act to allow the Board of Commissioners of Newton county to assess an additional tax, over and above the amount now allowed by law, for the year 1879, and so many years thereafter as the Board may think proper, for the purpose of raising additional revenue to reduce the indebtedness of the county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That for the purpose of raising an additional revenue, to reduce the present indebtedness of the county of Newton, the Board of Commissioners for said county shall have power and authority to levy and collect an extra tax, over and above the whole amount now allowed to be levied, not exceeding twelve and one-half per centum thereof, for the year 1879, and for so many years thereafter as said Commissioners may think necessary and proper for the purpose aforesaid. Board of commissioners authorized to levy and collect an extra tax for 1879. SEC. II. All laws in conflict with this be, and the same are hereby, repealed. Approved September 17, 1879. PANELS OF GRAND JURORS OF PULASKI COUNTY REDUCED. No. 134. An Act to change so much of the law in relation to Grand Jurors in Pulaski county, as provides for two panels of Grand Jurors, so as to reduce the same to one. SECTION I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, but one panel of grand jurors shall be drawn and summoned for the Superior Courts of Pulaski county, but that the panel drawn and summoned to attend the first week of Pulaski Superior Courts, shall be qualified and competent to serve during the second week of said Courts, should the business of said Courts demand and require the service of such grand jurors during the second week thereof. Only one panel of grand jurors to be drawn. SEC. II. Be it further enacted by the authority aforesaid, That all laws in conflict herewith be, and the same are hereby, repealed. Approved September 24, 1879.

Page 359

OFFICE OF TREASURER OF PULASKI COUNTY RE-ESTABLISHED. No. 135. An Act to repeal an Act entitled an Act to abolish the office of Treasurer of the county of Pulaski, to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4, 1875, and to provide for the discharge of the duties of County Treasurer until an election shall be had for saidoffice. SEC. I. The General Assembly of the State of Georgia do enact, That from and after the passage of this Act, an Act entitled an Act to abolish the office of Treasurer of the county of Pulaski, to vest the duties of said office in the Judge of the County Court, and for other purposes, approved February 4, 1875, be, and the same is hereby, repealed. Treasurer of Pulaski county, Act abolishing, repealed. SEC. II. Be it further enacted by the authority aforesaid, That nothing contained in this Act shall be so construed as to relieve or discharge the County Judge from the duties of the office of County Treasurer until the said office of County Treasurer for the county of Pulaski is filled in the manner prescribed by law, but that said County Judge of the county of Pulaski shall continue to do and perform the duties of County Treasurer of the county aforesaid, until under an election for County Treasurer of said county, under the election laws of said State, a County Treasurer shall be elected and qualified. County judge to continue to serve as treasurer until election of county treasurer. SEC. III. 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 September 24, 1879. ACTS RELATING TO THE COMMISSIONERS OF MONROE COUNTY AMENDED. No. 83. An Act to amend an Act, approved February 21, 1876, which amended an Act approved August 27, 1872, to create a Board of Commissioners of roads, public buildings, public property, and finances, for the county of [Illegible Text], and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That an Act approved February 21, 1876, which amends an Act approved August 27, 1872, to create a Board of Commissioners of

Page 360

roads, public property, public buildings, and finances, for the county of Monroe, be amended by striking out the word five, in the fifteenth line of said section, and inserting in lieu thereof the word three, so that the chairman of the Board of Commissioners shall receive three hundred dollars instead of five hundred dollars for his annual salary: provided, this Act shall not take effect until after the first day of January, 1880. Chairman of board to receive $300 instead of $500 per annum as salary. SEC. II. Be it further enacted by the authority aforesaid, That the clerk elected by said Board to discharge the duties prescribed by said Board, may receive such compensation, to be paid out of the county Treasury, upon the order of said Board of Commissioners, as they may see proper to give said clerk; said compensation, however, shall not exceed three hundred dollars per annum. Salary of clerk. SEC. III. Be it further 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 28, 1879. COMMISSIONERS OF HOUSTON COUNTY MAY PURCHASE PROPERTY. No. 85. An Act to authorize and empower the County Commissioners of Houston county to purchase property whenever and wherever put up for sale in said county, or elsewhere, under executions for State and county taxes, or under any legal process in which said county is plaintiff, or is otherwise interested, either directly or collaterally, and for other purposes therein named. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the County Commissioners of the county of Houston be, and they are hereby, authorized and empowered, to purchase real or personal property whenever and wherever the same may be put up for sale in said county, or elsewhere, under executions for State and county taxes, issued by the Tax Collector of said county, or under legal process in which said county is plaintiff, or is otherwise interested, either directly or collaterally County commissioners authorized to purchase property. SEC. II. Be it further enacted, That said County Commissioners are hereby further authorized to sell, in such manner and on such terms as they may deem for the best interest of said county, all such property so purchased by them as above provided, making to their vendee good and sufficient titles thereto. Said commissioners may sell property so purchased. SEC. III. Be it further enacted, That nothing contained in this Act shall affect the right of the owner of property sold under tax executions to redeem the same as allowed by law.

Page 361

SEC. IV. Be it further enacted, That all laws and parts of laws, whether local or general, in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved August 28, 1879. COMMISSIONERS FOR TAYLOR COUNTY CREATED. No. 353. An act to create a Board of Commissioners of Roads and Revenue for the county of Taylor, define their powers and duties, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That there shall be established in the county of Taylor, in this State, a Board of Commissioners of Roads and Revenues. Commissioners creation of. SEC. II. Be it further enacted by the authority aforesaid, That the grand jury, at the October term of Taylor Superior Court, for the year 1879, shall determine of how many members said Board of Commissioners of Roads and Revenues shall consist: Provided, however, that said number shall not be more than seven nor less than five. What number board to consist of. SEC. III. Be it further enacted by the authority aforesaid, That as soon as the number of Commissioners has been determined on, as provided for under section second of this Act, it shall be the duty of the Ordinary of Taylor county, in this State, to order an election to be held at the several precincts in said county of Taylor, on a day to be specified by said Ordinary in the order for said election, for the election of said Board of Commissioners for said county; said election to be managed and conducted in the same manner as elections for other county officers. Election of commissionerswhen and how held. SEC. IV. Be it enacted by the authority aforesaid, That the Board of Commissioners elected as provided for in the preceding section shall be commissioned by the Governor of this State, and shall serve until their successors are elected and qualified as hereinafter provided. Commissioned by governor. SEC. V. Be it further enacted by the authority aforesaid, That the successors of the Commissioners provided for in the preceding sections of this Act, shall be elected by the voters of said county, on the first Wednesday in January, eighteen hundred and eighty-one, and every four years thereafter, and shall hold their office for four years, and until their successors are elected and qualified, and shall be commissioned by the Governor, and any vacancy occurring in the Board of said Commissioners elected under the provisions of this Act, shall be filled by the remaining Commissioners; and the person chosen to fill such vacancy shall hold his office only

Page 362

for the unexpired term of such out-going Commissioners, and no person shall be eligible as a Commissioner under this Act, who has not been a resident of said county for at least one year next preceding his election. Successors, election of, etc. SEC. VI. Be it further enacted by the authority aforesaid, That said Commissioners shall meet at the court-house in the county of Taylor, on the first Tuesday in January, March, May, July, September and November, in each year, or on such other days or day as it may determine, and that it shall keep a full and complete record of all its actings and doings. A majority of such Commissioners shall be necessary to constitute a quorum of said Board, and concurrence of such majority shall be necessary to pass any order or decree. Meetings of commissionerswhen held. SEC. VII. Be it further enacted by the authority aforesaid, That said Board shall have exclusive jurisdiction, when sitting for county purposes, over all matters concerning county property, county taxes, general and special, and allowing insolvent list of State taxes, general and special, in establishing and changing militia districts and election precincts; in examining, auditing, and allowing all claims against the county; in examining, auditing and settling the accounts of all officers having the care, management, collection, keeping and disbursem*nt of money belonging to the county, or appropriated to its use and benefit; in making rules and regulations for the support of the poor of the county in establishing, altering and abolishing roads, bridges and ferries: provided, that in all cases where bridges and buildings, necessary for the public safety and convenience are to be built in said county, and which the county is required to buildsuch bridges and buildings shall be advertised and contract for building same awarded to the lowest bidder, under such rules and regulations as may be determined upon by said Board of Commissioners, in the appointment of Road Commissioners, and enforcement of road laws except in the incorporate towns. Powers and duties of said board. SEC. VIII. Be it further enacted by the authority aforesaid, That the authority to grant license for the sale of spirituous or malt liquors in the county of Taylor, shall be vested in said Board of Commissioners exclusively. License for sale of spirituous liquors. SEC. IX. Be it further enacted by the authority aforesaid, That all tax executions issued, or hereafter to be issued, by the Tax Collector, for the collection of any tax, or taxes due the county or State, required by law to be collected in the county of Taylor, shall be returnable to said Board of Commissioners. Executions to be returnable to board of commissioners. SEC. X. Be it further enacted by the authority aforesaid, That said Board of Commissioners shall have full power to rule any county officer who may be in possession of funds belonging to the county of Taylor, and who fails or refuses to account for same, as Sheriffs are ruled in the Superior Court. Powers of board. SEC. XI. Be it further enacted by the authority aforesaid, That

Page 363

the Treasurer of said county, shall not pay out or disburse any of the funds in the County Treasury, or pay any order, unless same shall have been countersigned by a majority of said Commissioners. County treasurers not to pay out funds, etc. SEC. XII. Be it further enacted by the authority aforesaid, That said Board of Commissioners, shall elect a chairman from their number, whose duty it shall be to preside at the meetings of said Board, and shall appoint the Ordinary of the county as clerk of said Board, whose duty it will be to keep all the books necessary to be kept by said Commissioners, and for his services shall receive the sum of fifty dollars per annum. Said Board is authorized to buy books and stationery for their use, to be paid for by the County Treasurer, on order of said Commissioners. Election of chairman, etc. SEC. XIII. Be it further enacted by the authority aforesaid, That said Commissioners shall be exempt from all road and jury duties, and shall before entering upon the duties of their officein addition to the oath usually administered to all county officerstake and subscribe an oath, truly, faithfully, and impartially, to discharge their duties during their term of office, which said oath shall be taken before the Ordinary of said county, and be by him entered on his minutes. Exemptions of commissionerstheir oath of office. SEC. XIV. That said Board sitting for county purposes, shall have same power to punish for contempt, as Judges of the Superior Courts of this State now have. Power to punish for contempt. SEC. XV. 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 October 20, 1879. COMPENSATION OF COMMISSIONERS OF MITCHELL COUNTY. No. 243. An Act to provide compensation for the Commissioners of Roads and Revenues for the county of Mitchell, and the manner of paying the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, a reasonable compensation shall be allowed and paid to the Commissioners of Roads and Revenues for the county of Mitchell, out of the Treasury of said county for their services as such Commissioners, which compensation, not to exceed two dollars per day, for each of said Commissioners, for every day of actual service performed, shall be fixed and assessed by the first grand jury that may be impaneled after the passage of this Act. Commissioners allowed compensation. Not to exceed $2 per day.

Page 364

SEC. II. Be it further enacted, That the grand juries for the Spring terms of the Superior Court of said county may, from year to year, either diminish or increase the amount of this compensation as fixed by the first grand jury impaneled in said county after the passage of this Act, as heretofore provided, which change or changes shall take effect only from the date of such change: Provided, however, that the amount of compensation shall not exceed two dollars per day for each of said Commissioners for every day of actual service performed. Grand juries to fix said compensation. SEC. III. Be it further enacted, That all laws in conflict with this Act be, and same are hereby, repealed. Approved October 14, 1879. ORDINARY OF WASHINGTON COUNTY.. No. 264. An Act to provide for the compensation of the Ordinary of Washington county. WHEREAS, the General Assembly, in the year 1877, passed an Act abolishing the Commissioners of Washington county; and whereas, by reason of such abolition of said County Commissioners, a large amount of work formerly performed by said County Commissioners was, by operation of said Act of 1877, devolved upon the Ordinary of Washington county; and whereas, the Commissioners of said county and their clerk received five hundred dollars per annum for said services performed by said Ordinary without any compensation whatever; therefore, Preamble. SECTION I. Be it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Ordinary of Washington county shall receive from the Treasury of said county the sum of four hundred dollars per annum for services formerly discharged by said County Commissioners, and now devolving upon said Ordinary. Salary of Ordinary for certain service. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 14, 1879.

Page 365

ORDINARY OF MILTON COUNTY MAY BORROW MONEY. No. 220. An Act to authorize the Ordinary of Milton county, Ga., to borrow money for the purpose of paying for the building of the court house in said county, and to provide for the payment of the said borrowed money, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Ordinary of the county of Milton be, and he is hereby, authorized and empowered to borrow the sum of fourteen hundred dollars, or so much thereof as may be necessary, for the purpose of completing the court-house, now under contract in said county. That said sum, when borrowed, shall be paid over by said Ordinary to the Board of Commissioners of said county, who shall expend the same for the completion of the said court-house, and for no other purpose; and the said Ordinary shall not be authorized to contract for the payment of a larger rate of interest on said sum than seven per cent. per annum. Ordinary authorized to borrow money to complete court-house. SEC. II. Be it further enacted by the authority aforesaid, That the Ordinary of said county, and Board of Commissioners of said county be, and they are hereby, authorized and directed to levy a tax on the taxable property in said county, which shall be sufficient to pay the principal and interest of said sum, borrowed by authority of the preceding section, within the term of two years. May levy a tax on property, etc. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 8, 1879. CONSOLIDATION OF OFFICES IN CALHOUN COUNTY REPEALED. 219. An Act to repeal an Act entitled an Act to consolidate the offices of Sheriff and Tax Collector, of Clerk of the Superior Court and Tax Receiver, and of Ordinary and Treasurer, in the county of Calhoun, approved February 25, 1875, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly, approved February 25, 1875, consolidating the offices of Sheriff and Tax Collector,

Page 366

of Clerk of the Superior Court and Tax Receiver, and of Ordinary and Treasurer, in the county of Calhoun, and fixing the compensation of the Sheriff, Clerk and Ordinary, for performing the additional duties imposed upon them by that Act be, and the same is hereby, repealed. Act recited in caption, repealed. SEC. II. Be it further enacted, That this Act shall not take effect until January 1st, 1881. When to take effect. SEC. III. And be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 8, 1879. SHERIFF'S BOND FOR WAYNE COUNTY REDUCED. 250. An Act to reduce the bond of the Sheriff of Wayne county in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That in future, commencing with the successor of the present Sheriff of Wayne county, in this State, the bond of the Sheriff of Wayne county, in this State, shall be five thousand dollars and no more; any law, usage or custom, to the contrary notwithstanding. Bond of sheriff reduced to $5,000. SEC. II. Be it enacted, etc., That all laws and parts of laws in conflict with the provisious of this Act be, and the same are hereby, repealed. Approved October 13, 1879. ACT RELATING TO COMMISSIONERS OF CRAWFORD COUNTY AMENDED. No. 207. An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Crawford, approved March 2, 1874. SECTION I. The General Assembly of Georgia do enact, That an Act of the General Assembly, approved March 2, 1874, forming and creating a Board of Commissioners of Roads and Revenues for the county of Crawford, and defining their powers and duties be, and the same is hereby, amended by striking out all of section second of said Act, and inserting in lieu thereof the following:

Page 367

That said Board shall consist of three persons, and any two (2) of them shall constitute a quorum to transact business. Act recited in caption amended. SEC. II. Be it further enacted, That the said Act be, and the same is hereby, further amended by striking out all of section 3 thereof, and inserting in lieu therof the following: That at the regular elections for Ordinary of said county, three Commissioners above provided for, shall also be elected, and their term of office shall be equal with that of the Ordinary; and said three Commissioners shall discharge all the duties in said Act prescribed; and, in the event of the death, resignation, or disability of either of said Commissioners, the Ordinary shall give notice thereof to the Governor, who shall at once order an election to fill such unexpired term. Said Act further amended. SEC. III. Be it further enacted, That said Act be, and the same is hereby, further amended, by inserting after the words jury duty, in the second line of the sixth section thereof, the words and shall receive the sum of three dollars per day for every day in which they are actually engaged in the performance of the duties herein imposed. Further amended. SEC. IV. Be it further enacted, That this Act shall not take effect until the term of the Commissioners now in office shall expire, and the first election under this Act shall take place at the next regular election for Ordinary in said county. When this Act to take effect. Approved October 3, 1879. COMMISSIONERS OF WARE COUNTY ABOLISHED. No. 318. An Act to repeal an Act, approved February 26, 1877, creating a Board of Commissioners for the county of Ware. SECTION I. The General Assembly of Georgia, do enact, That from and after the passage of this Act, an Act approved February 26, 1877, creating a Board of County Commissioners for the county of Ware, be, and the same is hereby, repealed. Act recited incaption repealed. SEC. II. Be it further 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 October 8, 1879.

Page 368

TITLE IV. COUNTY COURTS. ACTS. County Courts of Bartow and Washington counties abolished. County CourtJustices and Bailiffs-Coweta county. Appointment of Solicitor for Pulaski county. Election of Judge for [Illegible Text] county. To abolish certain County Courts. County Court of Dodge county re-established. COUNTY COURTS OF BARTOW AND WASHINGTON ABOLISHED. No. 239. An Act to repeal the Acts creating and organizing County Criminal Courts for the counties of Bartow and Washington, and to provide for the transfer of the business pending in said Courts. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the Acts creating, organizing and establishing County Criminal Courts for the counties of Bartow and Washington in this State, be, and they are hereby, repealed, and said Courts are respectively abolished, to-wit: The Act to organize a Criminal Court for the county of Bartow, and to define its jurisdiction, and for other purposes, approved February 21, 1877, and, the Act to organize and establish a County Criminal Court for the county of Washington, approved February 22, 1877. Act recited in caption, repealed. SEC. II. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act, the Judges of said County Criminal Courts, shall transfer all business before said courts to the Superior Courts of their respective counties. Transfer of pending business to Superior Court. SEC. III. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and they are hereby, repealed. Approved October 13, 1879.

Page 369

COUNTY COURT, JUSTICES AND BAILIFFSCOWETA COUNTY. No. 337. An Act to amend an Act entitled an Act to amend an Act entitled an Act to establish a county Court in Coweta county, approved March 2, 1874. which amendatory Act was approved February 16, 1876. SECTION I. Be it enacted by the General Assembly of Georgia, That the above recited Act which provides for a county Court in Coweta county, and defines its jurisdiction and practice, be so amended as to make Justices of the Peace and Constables of said county, officers of the county Court so they may share pro rata in the fines, forfeitures and chain-gang money as to insolvent costs accruing to them in cases finally disposed of in the county Court. The money arising from the hire of convicts shall be first applied to the payment of cost of officers of said Court of the case in which it accrued. The county Judge shall hire out all persons sentenced by him to work in the chain-gang. Said hiring to be governed by existing law as far as applicable. Justices of the Peace and constables. County judge to hire out convicts. SEC. II. Be it further enacted by the authority aforesaid, That the county Commissioners for said county, and when no Commissioners, the Ordinary, of said county, shall fix for the county Judge and county Solictor, within thirty days from the approval of this Act, a salary for each of not less than three nor more than six hundred dollars per annum, to be paid by the Treasurer of the county quarterly, and these salaries shall be fixed each year by said Commissioners or Ordinary. When the Judge gets a salary his fees in criminal cases shall be paid into the Treasury. Salary of judge and solicitorby whom fixed. SEC. III. Be it further enacted, That the county Solicitor shall receive five dollars for each accusation drawn by him. And the first quarterly term of said Court as it is provided by the General County Court Act passed at this session of the General Assembly, shall be held on the third Monday in January 1880. The jurors now selected for the December term of said Court shall serve at the January term. And all writs, processes, and other proceedings returnable to the December term, 1879, are hereby made returnable to said January term. Fee of solicitor. Writs. processes, etc., returnable to January term. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 20, 1879.

Page 370

APPOINTMENT OF SOLICITOR FOR PULASKI COUNTY. No. 157. An Act to provide for the appointment of a County Solicitor for the county of Pulaski, and to define his duties. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Governor of the State of Georgia shall appoint a suitable person, residing in Pulaski county, and being an attorney at law, to act as County Solicitor in all State cases in the County Court in and for said county. Appointment of solicitor. SEC. II. Be it further enacted, by authority aforesaid, That said County Solicitor, when so appointed, shall, before entering upon the duties of his office, give bond and security in the sum of five hundred dollars, payable and approved, as is the bond of the County Judge, and take an oath, as other county officers, faithfully and impartially to discharge the duties of his office. Bond of county sollictor. SEC. III. Be it further enacted, by authority aforesaid, That it shall be the duty of the County Solicitor to represent the State in all cases in the County Court of said county, and to assist the Solicitor General in all cases taken up from said County Court to the Superior Court of said county; and to perform such other duties as are, or may be, required by law, or which necessarily appertain to his office. His duties. SEC. IV. Be it further enacted, by authority aforesaid, That the County Solicitor shall receive for each person prosecuted in the County Court the sum of five dollars. Fee of. SEC. V. Be it further enacted, by authority aforesaid, That the costs of the County Solicitor shall be paid by the prosecutor, or the accused, as shall be determined by the County Court; but in cases where there is no prosecutor, or where the party adjudged to be liable is insolvent, said costs shall be paid out of funds arising from fines and forfeitures in said Court. How paid, in certain cases. SEC. VI. Be it further enacted, by authority aforesaid, That for all other services rendered by said County Solicitor, and for which no fees are prescribed, he shall receive the same fees, to be paid in the same manner as are the fees of the Solicitor General for similar services. Fees same as solicitor-general, when. SEC. VII. Be it further enacted, by authority aforesaid, That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved September 26, 1879.

Page 371

ELECTION OF JUDGE FOR PUTNAM COUNTY COURT. 190. An Act to be entitled an Act to provide for the election of the Judge of the County Court of Putnam county, by the qualified voters in said county, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact as follows: That on the first Wednesdny in January, in the year 1881, and quadrennially thereafter, there shall be an election for Judge of the County Court of Putnam county, by the qualified voters in said county. Putnam county court, election of judge of. SEC. II. All elections for Judge of said County Court under this Act, shall be held in the same places and under the same rules, regulations and restrictions as govern elections for county officers in said county, unless otherwise provided by this Act. Election, where held. SEC. III. The person having the highest number of votes, if qualified to serve, and laboring under no disability, shall be commissioned as Judge of said Court by the Governor, as county officers are commissioned, but any other person claiming to be elected, may contest the election under the same rules, regulations and restrictions, as are applicable under the law to contest for county officers. To be commissioned by governor, etc. SEC. IV. In the event a vacancy shall occur in the office of Judge of said County Court, by death, resignation, removal from office, or otherwise, the Governor shall fill such vacancy by appointment, to continue until a special election can be had by the voters of said county, which shall be ordered by the Ordinary under the same rules, regulations and restrictions as are applicable to vacancies in the office of Clerk of the Superior Court. Ordinary to order an election. SEC. V. The term of the first Judge elected under this Act, shall begin at the expiration of the term of the present incumbent, and shall be for four years, and until his successor is elected, and qualified as is now provided by law. First judge elected, term of. SEC. VI. All laws and parts of laws in conflict with this Act are hereby repealed. Approved October 2, 1879.

Page 372

TO ESTABLISH CERTAIN COUNTY COURTS, ETC. No. 181. An Act to repeal the several Acts creating, organising and establishing County Courts for the counties of Dooly, Campbell, Floyd, Rockdale and Clarke, in this State; to provide for the proper dinposition of the business, civil and criminal, now pending in said Courts; to abolish said Courts, and for other purposes. SECTION. I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the several Acts creating, organizing and establishing County Courts for the following counties be, and they are hereby, repealed, and said County Courts are, severally and respectively, abolished, to-wit: The Act creating a County Court in each county of this State, except certain counties therein mentioned, approved January 11th, 1872, and contained in the Code of 1873, from sections 279 to 317, inclusive; and all Acts amendatory thereof, so far as they relate to the counties of Dooly and Clarke; also, the Act creating a County Court for the county of Campbell, and for other purposes, approved March 1, 1875; also, the Act creating a County Court for the county of Floyd, approved February 24, 1873; also, the Act creating a County Court for the county of Rockdale, approved March 2, 1874. County Courts, Acts [Illegible Text] in certain counties, repealed. SEC. II. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act, the several Judges of the County Courts for the counties of Dooly, Clarke, Campbell, Floyd and Rockdale, shall transfer all criminal cases pending in their Courts, respectively, to the Superior Courts of their counties (except the Judge of the County Court for the county of Clarke, who shall transfer all criminal cases and all civil cases, above the jurisdiction of the Justices of the Peace; but all cases within the jurisdiction of the Justices of the Peace to be turned over to the proper Justices of the Peace in his Court to the City Court for said county, when established). And they, except the Judge of the County Court for Clarke county, shall also transfer all civil business pending in their said Courts to the Superior or Justice Courts, according as the one or the other has jurisdiction under the laws regulating the same. Disposition of cases. SEC. III. Be it further enacted by the authority aforesaid, That immediately after the passage of this Act, the Judge of the County Court for the county of Clarke shall transfer all business now in his hands, and by said County Court Act vested in him, in relation to the control and management of county affairs, such as the supervision of the roads and revenues thereof, into the hands of the Ordinary of said county of Clarke, who is hereby vested with

Page 373

the powers and charged with the duties pertaining to roads, revenues and public buildings in said county, and who shall receive such compensation for discharging the duties devolving upon him by the provisions of this Act, as the grand juries of said county of Clarke shall allow him, and it shall be the duty of said Ordinary to make an itemized statement to the grand juries of each, the Fall and Spring terms of the Superior Court of said county of Clarke, in each year, of his demands for compensation for such services rendered the said county of Clarke, each six months preceding each term of said Superior Court, and the grand juries shall receive said statements, and allow said Ordinary said demands, in part or whole, or not at all, as they think right, and when any grand jury shall audit, approve and allow, any demand of said Ordinary for such services, in whole or in part, such demand, so audited, approved and allowed, shall form a part of the general presentments of said grand jury, and shall be entered upon the minutes of said Superior Court, and be published in such general presentments, and when so allowed, such demand shall be paid by the Treasurer of Clarke county, out of any funds in the Treasury of said county not otherwise appropriated. Ordinary duties of. SEC. IV. Be it further enacted by the authority aforesaid, That all laws or parts of laws in conflict with this Act be, and they are hereby, repealed. Approved September 29, 1879. COUNTY COURT OF DODGE COUNTY RE-ESTABLISHED. No. 308. An Act to repeal an Act approved February 27, 1877, entitled an Act to repeal an Act entitled an Act, to create a County Court in each county of this State, except certain counties therein named, approved January 19, 1872, so far as the same applies to the county of Dodge, and to abolish the County Court of Dodge county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the above recited Act be, and the same is hereby, repealed. Act recited above, repealed. SEC. II. And be it further enacted, That the Act, approved January 19, 1872, entitled an Act to create a County Court in each county of this State, except certain counties therein named, be, and the same is hereby, revived, and declared of full force and effect so far as it relates to the county of Dodge. Act of January 19, 1872, revived as to Dodge county. SEC. III. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 18, 1879.

Page 374

TITLE V. GAME, ETC. ACTS. Protection of fish in Telfair county. Protection of game, etc., in Houston county. Game Law of Jones county. Fishing on another's land in Tatnall county Prohibited. Protection of fish ponds of David Dickson. Protection of game, etc., in Thomas county. PROTECTION OF GAME AND BIRDS IN BIBB COUNTY. No. 244. An Act for the protection of game and birds in the county of Bibb; to prohibit the killing, trapping or netting of the same, or buying, selling or offering for sale the same during certain months in said county; to provide penalties for so doing, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, any person who shall shoot, kill, trap, snare, net, or otherwise destroy any deer, wild turkey, or partridge, in the county of Bibb, between the first day of April, and the first day of October of any year; or any person who shall buy, sell, or offer for sale any deer, wild turkey or partridge in said county, between the first day of April and the first day of October of any year, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in section 4310 of the Code of Georgia. Game, how protected in Bibb Co. SEC. II. Be it further enacted by the authority aforesaid, That any person who shall trap, snare or net, any partridge in said county except on his or her own land, or with the permission of such owner, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as prescribed in the first section of this Act. Hunting, etc., on land of another prohibited. SEC. III. Be it further enacted by the authority aforesaid, That any person who shall shoot, kill, trap, or otherwise destroy, or shall buy, sell, or offer for sale any dove in said county, between

Page 375

the first day of April, and the first day of August of any year, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in the first section of this Act. Further prohibited as to doves. SEC. IV. Be it further enacted by the authority aforesaid, That any person who shall rob or destroy the nest of any wild turkey, partridge or dove in said county, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as prescribed in the first section of this Act. Further protection of birds, etc. SEC. V. Be it further 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 October 18, 1879. PROTECTION OF FISH IN TELFAIR COUNTY. No. 82. An Act to prohibit the catching of fish for the purpose of shipping or selling, from the waters of the Little Ocmulgee River, in the county of Telfair, and to prescribe a penalty for the same. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person, or persons, to catch fish, except upon his own land, from the waters of the Little Ocmulgee River, in the county of Telfair, in this State, for the purpose of shipping them off to market to be sold, and any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished as prescribed in section 4310, of the Revised Code. Fishing, how regulated. Penalty. SEC. II. Be it further 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 28, 1879.

Page 376

PROTECTION OF GAME, ETC., IN HOUSTON COUNTY. No. 330. An Act for the protection of game and birds in the county of Houston, to prohibit the kuling, trapping or netting the same, or buying, selling, or offering for sale the same during certain months, in said county, to provide penalties for so doing, and for other purposes. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall not be lawful for any person to kill, trap, net, buy, sell, or offer for sale, in said county of Houston, any insectiverous bird, or singing bird, except such birds as are by nature and habits destructive to crops. Killing insectiverous birds prohibited. SEC. II. Be it further enacted, That from and after the passage of this Act, it shall not be lawful for any person to kill, trap, net, buy, sell, or offer for sale, in said county of Houston, any partridge, snipe or wild turkey, between the first day of March and the first day of October. Killing, catching, etc., certain birds prohibited. SEC. III. Be it further enacted, That any person violating any of the provisions of this Act shall, on conviction, be punished by a fine of not more than twenty five dollars, or imprisonment not to exceed thirty days. Punishment of violator. SEC. IV. Be it further enacted, That all laws in conflict with this Act be, and the same are hereby, repealed. Approved October 18, 1879. GAME LAW OF JONES COUNTY. No. 118. An Act to prevent the destruction of Game in the county of Jones in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the shooting, killing, trapping, or destruction of any insectiverous birds at any time, or the shooting, killing, trapping, or destruction of any deer, partridge, wild turkey, or wild duck, between the first day of the month of April, and the first day of October of any year, within the limits of the county of Jones in this State, shall be held to be a misdemeanor, and shall be punishable by a fine not exceeding five hundred dollars, or imprisonment in the common jail of the county, not exceeding six months, in the discretion of the Court. Destruction of insectiverous birds etc. Penalty.

Page 377

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 12, 1879. FISHING ON ANOTHER'S LAND IN TATNALL COUNTY PROHIBITED. No. 198. An Act to prohibit hunting on the lands of another in the counties of Jones, Montgomery and Tatnall; to prohibit fishing in waters on the lands of another in the county of Tatnall, and to provide a punishment therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, it shall be unlawful for any person to hunt with dogs, fire-arms, or other implements, in or through the lands of another, enclosed, or unenclosed, in the counties of Jones, Montgomery, and Tatnall, or to take, or attempt to take fish, with a line, net, seine, trap, or other contrivance, from any waters on the lands of another in the county of Tatnall, without the consent of the owner of said land, it being hereby required that said consent shall be in writing, so far as relates to the counties of Montgomery and Tatnall. Game law. SEC. II. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act, shall be guilty of a misdemeanor, and, on conviction, shall be fined or imprisoned, or both, in the discretion of the court, the fine not to exceed fifty dollars, and imprisonment not to exceed thirty days. Penalty. SEC. III. Be it further 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 October 2, 1879.

Page 378

PROTECTION OF FISH PONDS OF DAVID DICKSON. No. 193. An Act to encourage the culture of fish in the natural and artificial ponds on the plantations of David, Dickson, of the county of Hanco*ck, lying in the county of Hanco*ck and in the county of Washington, or both, in this State, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That from and after the passage of this Act, it shall not be lawful for any person or persons to take fish, or to attempt to do so, with any line, net, or other contrivance from any pond, natural or artificial, on any of the plantations of David Dickson, of the county of Hanco*ck, lying either in the county of Hanco*ck or the county of Washington, or both, in this State, the same being used by him for the raising or culture of fish, without the consent of said Dickson, and any person or persons violating the provisions of this Act shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by section 4310, of the Revised Code of 1873. David Dicksonprotection of fish in ponds on plantations of, etc. SEC. II. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 2, 1879. PROTECTION TO GAME, ETC., IN THOMAS COUNTY. No. 196. An Act to amend an Act entitled an Act to prohibit the killing of Partridges, Wild Turkeys and Deer at certain seasons, in the counties of Lowndes, Thomas and Putnam, in this State, approved February 28, 1876, so far as the same relates to the county of Thomas, and to prohibit the destruction of the nests of Partridges and Wild Turkeys, and to make the proof of the possession of any of the game protected by said Act, prima facia evidence of guilt. SECTION I. Be it enacted by the General Assembly, That from and after the passage of this Act, the above recited Act be amended, by adding to the second section the following: It shall be unlawful for any person, or persons, to destroy, take or carry away, from the next of any partrige, or wild turkey, any egg or eggs of either partridge or wild turkey. Game law for counties of Putnam, Lowndes and Thomas.

Page 379

SEC. II. Be it further enacted, That the third section of the above recited Act, be amended by adding to said section the following: That upon the trial of any party or parties, charged with the violation of this Act, proof of the possession of any deer, partridge or wild turkey, during the season in which they are protected by law, shall be prima facia evidence of guilt, and sufficient to throw the burden of proof on the defendant: Provided, that the provisions of this Act shall apply only to the county of Thomas. Proof of possession, when prima facie evidence of guilt. SEC. III. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 2, 1879.

Page 380

TITLE VI. LIQUORS. ACTS. Sale of Liquors in McDuffie county prohibited. Liquor license in Tatnall county fixed. Liquor license in Bullock county regulated. Liquor license in Pierce county fixed. Liquor license in Dodge county prescribed. Sale of liquors in certain localities prohibited. Act relating to sale of liquors in Muscogee county repealed. Sale of liquors in Morgan county prohibited. Sale of liquors in Irwin county prohibited. Sale of liquor in certain parts of Rockdale county prohibited. Liquor license in certain counties fixed. SALE OF LIQUORS IN MCDUFFIE COUNTY PROHIBITED. No. 70. An Act to prohibit the sale or furnishing of spirituous, malt, or other intoxicating liquors, within McDuffie county, and to provide a punishment for the same. SECTION I. Be it enacted, That from and after the passage of this Act, that it shall not be lawful for any person or persons, to sell or furnish either directly or indirectly, any spirituous, malt, or other intoxicating liquors, within the limits of the county of McDuffie. Sale of intoxicating liquors prohibited. SEC. II. Be it further enacted, That any person or persons who shall violate the provisions of this Act, shall be deemed guilty of a misdemeanor, and on conviction, shall be punished as is prescribed in section 4310 of the Code of Georgia. Violating this Act, guilty of misdemeanor. SEC. III. Be it further enacted, That the provisions of this Act, shall not apply to practicing physicians furnishing liquors in case of medical treatment, nor to parties selling whisky, who have already secured licenses, until the expiration of the same. Not applicable in certain cases. SEC. IV. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 26, 1879.

Page 381

LIQUOR LICENSE IN TATNALL COUNTY FIXED. No. 226. An Act to make the liquor license in Tatnall county, for all dealers, twenty-five hundred dollars per annum, and for other purposes. SECTION I, Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act all applications for license to sell liquor in Tatnall county, in this State, in addition to complying with laws now in existence, shall pay a license fee to the authorities of said county of twenty-five hundred dollars per annum. License to sell liquorgranted on what terms. SEC. II. Be it further enacted, by the authority aforesaid, That any person or persons violating the provisions of this Act shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished as is prescribed in section 4310 of the Code of Georgia. Violation of Act, a misdemeanor. SEC. III. Be it further enacted by the authority aforesaid, That all laws and parts of laws in conflict with this Act are hereby repealed. Approved October 8, 1879. LIQUOR LICENSE OF BULLOCH COUNTY REGULATED. No. 146. An Act to prescribe the method of granting license to sell spirituous or intoxicating liquors in the county of Bulloch, and to increase the fee for the same to five thousand dollars. SECTION I. The General Assembly of the State of Georgia do enact, That it shall not be lawful for the Ordinary or the Board of Commissioners of Roads and Revenue of Bulloch county to grant license to any person or persons to sell spirituous or intoxicating liquors of any kind, in any quantity, in said county, except upon the written petition of the applicant, stating especially the place at which he designs to sell, and upon which petition shall be indorsed the written consent of two-thirds of the qualified voters living within three miles of the place so designated in such petition. License to sell spirituous or intoxicating liquors, how granted. SEC. II. Be it further enacted by the authority aforesaid, That all applicants for such license, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailers of spirituous liquors, and shall pay to the Ordinary, or to the Board of Commissioners of Roads and

Page 382

Revenue, as the case may be, a license fee of five thousand dollars. Retailer to give bond take an oath, etc. SEC. III. If any person shall sell spirituous or intoxicating liquors of any kind in said county of Bulloch without the license being granted as aforesaid, upon the terms aforesaid, he shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in Section 4565 of the Code of Georgia, defining the offense of retailing spirituous liquors without a license, and prescribing the penalty therefor. If any Ordinary, or Board of Commissioners, of said county, or other person entrusted with the power to grant licenses for the sale of liquors shall grant license to any person contrary to the provisions and terms of this Act, he or they shall be guilty of a misdemeanor, and shall likewise be punished in the manner prescribed by law for the punishment of persons who retail liquor without a license. Violation of Act a misdemeanor. Any officer who may is sue licensein violation of this Act, to be guilty of a misdemeanor. Nothing in this Act prescribing penalties shall be construed to imply that a person retailing liquors without the license prescribed in this section, may not be punished as prescribed in Section 4565 of the Code without this enactment. SEC. IV. Be it further 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 September 5, 1879. LIQUOR LICENSE IN PIERCE COUNTY. No. 341. An Act fixing the license fees for the sale of spirituous, intoxicating and malt liquors in the county of Pierce and town of Blackshear, in said county, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the first day of April, 1880, no license for the sale of spirituous, intoxicating or malt liquors in the county of Pierce, or town of Blackshear, in said county, shall be granted by any county or municipal authority, except upon the payment of fifteen hundred dollars ($1,500) per annum, for such license, and no license shall be granted for a less time than one year. License to sell liquors, how grant ed. SEC. II. Be it further enacted, by the authority aforesaid, That it shall be unlawful for said county or municipal authority to grant license under existing laws to extend beyond the first day of April, 1880. Limitation of license. SEC. III. Be it further enacted, That nothing in this Act shall be so construed as to effect the right of any person to sell wines made from his own vineyard, as now provided by law. Sale of wines, etc.

Page 383

SEC. IV. Be it further enacted, That any person violating the provisions of the above Act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in Section 4310 of the Revised Code of 1873. Violators of Act guilty of misdemeanor. SEC. V. All laws in conflict with this Act are hereby repealed. Approved October 20, 1879. LIQUOR LICENSE IN DODGE COUNTY. No. 208. An Act to prescribe the method of granting license to sell spirituous or intoxicating liquors, in the town of Eastman, and in the county of Dodge, in this State; and to fix the license therefor, and to prescribe a penalty for a violation of the requirements of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for either the corporate authorities of the town of Eastman, or the Ordinary of the county of Dodge, to issue license to any person to sell spirituous or intoxicating liquors except in the manner hereinafter [Illegible Text]. Liquor license, how granted in Dodge co. SEC. II. Be it further enacted by the authority aforesaid, That it shall not be lawful for the authorities aforesaid to grant license to any person or persons to sell spirituous or intoxicating liquors of any kind in any quantity, in either the county or the corporation aforesaid, except upon the written petition of the applicant, stating specifically, the place at which the applicant desires to sell, and upon which petition shall be endorsed the written consent of a majority of the freeholders living within three miles of the place so designated in such petition; except in the town of Eastman, in which the petition shall be endorsed by a majority of the freeholders living within said town. Written petition of applicant. SEC. III. Be it further enacted by the authority aforesaid, That all applicants for such license, when granted, in addition to the foregoing provisions of this Act, shall give the bond and take the oath now required by law for retailers of spirituous liquors, and shall pay to the authority granting such license, the sum of fifteen hundred dollars: Provided, that the provisions of this Act shall not apply to druggists and physicians furnishing liquors for [Illegible Text] purposes. Bond and oath of dealer. SEC. IV. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished as prescribed in Section 4310 of the Code of 1873. Violation of this Act a misdemeanor.

Page 384

SEC. V. Be it further 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 October 3, 1879. SALE OF LIQUORS IN CERTAIN LOCALITIES PROHIBITED. No. 209. An Act to prohibit the sale of spirituous, malt or intoxicating liquors, at the following named localities in this State, and within certain distances thereof, to-wit: Within one mile of Bethel Church, in the county of Wilkinson in this State, and within five miles of Beulah Church, in the county of Macon in this State; also to prohibit such sale in quantities less than one gallon, within one mile of Orchard Hill Academy, in the county of Spalding in this State; also to prohibit the sale of the same in the town of Naylor, in the county of Lowndes in this State; also in the town of Corington, in the county of Newton, and within three miles of said two last mentioned places; also to prohibit the sale of the same in the town of West End, in the county of Fulton, and within one and one-fourth miles thereof; also to prohibit the sale of the same in the Two Hundred and Sixty-First District, G. M., in the county of Oconee, and to provide a penalty therefor. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, it shall not be lawful for any person to sell or furnish, for a valuable consideration, any spirituous, malt or intoxicating liquors, within one mile of Bethel church in the county of Wilkinson, or within five miles of Beulah church in the county of Macon, in this State. Prohibition of liquor. SEC. II. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to sell or furnish for a valuable consideration, any spirituous, malt, or intoxicating liquors, in any quantity less than one gallon, within one mile of Orchard Hill Academy, in the county of Spalding in this State. Within one mile of Orchard Hill Academy. SEC. III. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to sell or furnish for a valuable consideration, any spirituous, malt or intoxicating liquors in the town of Naylor, in the county of Lowndes in this State, or within four miles of said town, or within the corporate limits of the town of Covington, in the county of Newton in this State, or within three miles of either of said last named places: provided, that this Act shall only be of force within the corporate limits of the town

Page 385

of Covington, in the county of Newton, in this State, and within three miles of Covington, when ratified by a majority of the legal voters within said town and radius of three miles, said election to be held as elections for members of the General Assembly on thirty days notice from the Ordinary of Newton county, and at the usual place of holding elections in said town of Covington, or other place, within the radius, and the voters at said election shall indorse upon their ballots the word, Ratification, or the words Against Ratification, and the managers at said election shall make their returns to the Ordinary of said county of Newton, who shall make public the result thereof. Said election to be ordered within twenty days after the passage of this Act. In town of Naylor, Lowndes county. SEC. IV. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to sell or furnish, for a valuable consideration, any spirituous, malt, or intoxicating liquors in the town of West End, in the county of Fulton, in this State, or within one and one-fourth miles of the corporate limits of said town, except so far as the city of Atlanta now licenses, or may hereafter license, the same within its limits. In West End, Fulton county. Exception. SEC. V. Be it further enacted by the authority aforesaid, That it shall not be lawful for any person to sell or furnish for a valuable consideration, any spirituous, malt, or intoxicating liquors within the limits of the two hundred and sixty-first district, G. M., in the county of Oconee, in this State. In 261st Dis't. G. M. SEC. VI. Be it further enacted by the authority aforesaid, That nothing in the foregoing sections contained shall affect dealers who are now selling spirituous, malt, or intoxicating liquors under license from any lawful authority until the expiration of their license, nor shall said preceding sections operate so as to prohibit physicians from furnishing liquors for medical purposes at the places and in the localities mentioned therein. Vested rights not to be disturbed. SEC. VII. Be it further enacted by the authority aforesaid, That any person violating any one of the foregoing sections shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in Section 4310 of the Code of Georgia. Violators guilty of misdemeanor. SEC. VIII. Be it further enacted by the authority aforesaid, That all laws and parts of laws conflicting with the provisions of this Act be, and the same are hereby, repealed. Approved October 3, 1879.

Page 386

ACT RELATING TO SALE OF LIQUOR IN MUSCOGEE COUNTY REPEALED. No. 210. An Act to repeal An Act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside of the corporate limits of the city of Columbus, and within one-half mile of the corporate limits of said city, approved February 23, 1876. SECTION I. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the following Act, approved February 23, 1876, to wit: An Act to prescribe the mode of granting license to sell intoxicating liquors in the county of Muscogee, outside the corporate limits of the city of Columbus, and within one-half mile of the corporate limits of said city, be, and the same is hereby, repealed. Act recited in caption repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 3, 1879. SALE OF LIQUORS IN MORGAN COUNTY. No. 206. An Act to prohibit the retail of ardent or spirituous liquors, except for medical and mechanical purposes, in the county of Morgan. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the question whether or not ardent or spirituous liquors shall be sold, bartered, or any in way disposed of for valuable consideration in quantities less than one quart, except for medical or mechanical purposes, or by the quart or other quantity to be drunk on the premises, in the county of Morgan, shall be submitted to a decision of the qualified voters of said county on the following conditions and regulations: Qualified voters to decide question as to sale of liquors. SEC. II. Be it further enacted, That it shall be the duty of the county Commissioners of said county, and in the event of none existing, then of the Ordinary of said county, to name a day distant, not less than thirty nor more than sixty days, from and after the passage of this Act, at which an election shall be held at the election precincts established legally in said county, to determine the question as to the retail of ardent or spirituous liquors in said county, as indicated in the first section of this Act; that said

Page 387

election shall be held in manner and under the regulations prescribed by law for holding elections for members of the General Assembly; that all persons qualified to vote for members of the General Assembly, are constituted legal voters at said election. Commissioners or Ordinary to fix time of election. SEC. III. Be it further enacted by the authority aforesaid, That notice of said election shall be advertised at least once a week for four weeks previous to the day appointed for holding said election, in a newspaper published in said county, and also by posting the same at five of the most public places in said county, and in the event of there being no newspaper published in said county, then the posting of notices as directed above shall constitute sufficient notice of said election. Notice of electionhow given. SEC. IV. Be it further enacted by the authority aforesaid, That those who favor the restriction of the sale of spirituous liquors, as indicated in the first section of this Act, shall have written or printed on their ballots, for restrictions, and those who oppose such restrictions shall have written or printed on their ballots, against restrictions. What shall be written or printed on ballots. SEC. V. Be it further enacted, That the managers of said election shall keep, or cause to be kept, a list of voters and a tally sheet, and shall sign and certify the same, and shall deliver the same to the Ordinary of said county, on the day of the election, or as soon thereafter as practicable, who shall carefully correct and consolidate said returns, and in the event the result of the vote is in favor of restriction, said Ordinary shall certify the same officially, and publish said result in the public gazette in the county, or in some other newspaper having general circulation in the county, once a week for three weeks. If the result is against restriction, the publication shall be made for one week. Duty of managers. SEC. VI. Be it enacted by the authority aforesaid, That when proclamation is made, as hereinbefore provided for, it shall not be lawful, after the day named in said proclamation, for any person to sell, barter, or in any way dispose of for valuable consideration, any ardent or spirituous liquors in said county of Morgan, in any quantity less than one quart, except for medical or mechanical purposes, or by the quart or other quantity to be drunk on the premises: Provided, that the vested rights of parties holding license shall protect them from the operation of this section for the period that their license is granted. Effect of prohibiting proclamation on sale of liquors. SEC. VII. Be it further enacted by the authority aforesaid, That any person violating the preceding section of this Act shall be guilty of a misdemeanor, and, upon conviction, shall be punished as is prescribed in Section 4310 of the Code of Georgia, published in 1873. Violations of Act, how punished. SEC. VIII. Be it further enacted, That the provisions of this Act in the county of Morgan shall not affect a law upon the same subject in Wellington district, in said county, already in existence. Not to be affected by this Act. SEC. IX. Be it further enacted by the authority aforesaid, That all

Page 388

laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 3, 1879. SALE OF LIQUORS IN IRWIN COUNTY PROHIBITED. No. 150. An Act to entirely prohibit the sale of spirituous or intoxicating liquors within the limits of Irwin county. SECTION I. Be it enacted, by the General Assembly of the State of Georgia, That from and after the passage of this Act the sale of all spirituous or intoxicating liquors are prohibited within the limits of Irwin county. Liquorssale of prohibited. SEC. II. Be it further enacted by authority aforesaid, That any person violating the provisions of this Act shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished as prescribed in Section 4310 of the Revised Code of Georgia. Penalty. SEC. III. 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 September 26, 1879. LIQUOR LICENSE IN CERTAIN COUNTIES FIXED. No. 194. An Act to fix the amount of license for selling or vending spirituous, intoxicating or mait liquors in the counties of Wayne, Liberty, Coffee and Appling, in this State, and to prescribe a punishment for a violation of the provisions of this Act, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the annual license fee, to sell or vend spirituous, intoxicating, or malt liquors, in any quantity, in either of the counties of Wayne, Liberty, Coffee and Appling, in this State, shall be one thousand dollars. Spirituous liquors, license fee to sell in certain counties. SEC. II. Be it enacted by the authority aforesaid, That the county authorities aforesaid, in the counties of Wayne, Liberty, Coffee and Appling, shall not issue license to any person to sell spirituous, intoxicating or malt liquors in any quantity in either of the

Page 389

counties aforesaid, until the party applying therefor, shall have paid into the county Treasury, the said license fee of one thousand dollars, and shall have given the bond and taken the oath, now required by law, for retailers of spirituous liquors. License not to be issued until fee is paid. SEC. III. Be it further enacted by the authority aforesaid, That any person violating the provisions of this Act, shall be held and deemed guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in section 4310 of the Code of 1873. Penalty. SEC. IV. Be it further 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 October 2, 1879. SALE OF LIQUORS IN CERTAIN PARTS OF ROCKDALE COUNTY PROHIBITED. No. 275. An Act to prohibit the making or selling of any spirituous liquors within two miles of any church or place of public worship in Sheffield District, Rockdale county of this State. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, no person nor persons shall make, or cause to be made, any spirituous or malt liquors, or to sell any spirituous liquors of any kind, within two miles of any church or place of public worship in Sheffield District in Rockdale county, in this State. [Illegible Text] countyliquor not be made or sold in certain parts of. SEC. II. Be it further enacted, That any person or persons so violating the above section shall be guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in Section 4310 of the Code of 1873. Penalty. SEC. III. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved October 15, 1879.

Page 390

TITLE VII. ROADS. ACTS. Apportionment of Road Hands for Johnson county. Amendment of Road Laws as to DeKalb county. Amendment of Road Laws as to Effingham county. Convicts of Fulton county to be worked on streets of Atlanta and county roads. APPORTIONMENT OF ROAD HANDS FOR JOHNSON COUNTY. No. 251. An Act to repeal an Act entitled an Act to apportion the road hands in the counties of Emanuel and Johnson, and for other purposes, approved February 27, 1877, so far as the same applies to the county of Johnson. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the Act of the General Assembly, approved February 27, 1877, apportioning hands of the districts of said counties of Emanuel and Johnson, to remove obstructions from the waters of Big Ohoopie, Little Ohoopie and Canoochee rivers, be, and the same is hereby, repealed, so far as the same relates to the county of Johnson. Road hands of Johnson county. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 13, 1879. AMENDMENT OF ROAD LAWS AS TO EFFINGHAM COUNTY. No. 270. An Act to alter and amend the road laws, so far as relates to the county of Effingham, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, all male residents

Page 391

of the county of Effingham, between the ages of sixteen and fifty years, shall be required to work on the public roads of said county when duly summoned as hereinafter provided, unless exempt under existing laws: Provided, that no one shall be required to work more than five days at any one time, nor more than fifteen days in each year, except in cases of emergency, to be judged of by the County Commissioners: Provided further, that they shall work at least two days in each year. Effingham countyroad laws of amended. SEC. II. Be it further enacted, etc., That the County Commissioners shall, at the January meeting in each year, appoint road overseers for the different public roads in the county; that it shall be the duty of said overseers, when the roads require work, to summon, or cause to be summoned, all who may be subject to road duty on their respective roads, to be and appear at a time and place named; also notifying them of the time and place when persons in default can be heard. Said summons shall be in the following form, and shall be served three days before the services are required: Overseers, appointment of. To A. B., greeting: You are hereby summoned to be and appear at on the day of , with a hoe, axe and spade, or either of them, to work the road for days. In case of default, you are required to appear before the County Commissioners on the day of , then and there to show cause, if any you can, why you should not be fined for failure to comply with this summons. Summons to road hands. Said overseers shall also post, in three of the most public places within their section of road, a notice of the time and place appointed for hearing said excuses, and shall also be required to make out and return to the County Commissioners a complete list of the defaulters, and return them to the Board of County Commissioners at the January meeting in each year. SEC. III. Be it further enacted, That when any person, who has been duly summoned as aforesaid, shall refuse or neglect to perform said road duty, and shall fail to render a satisfactory excuse therefor to the County Commissioners, he shall be considered in contempt of the authority of the said Commissioners (who shall be a court), who may fine him in a sum not exceeding two dollars for each day he has been summoned to work on said road. And in case he shall not pay the said fine, or render satisfactory excuse for not performing his duty in not working the roads, he shall be still in contempt, and the said Commissioners may imprison him for a term not exceeding twenty days, during which term of imprisonment he may be put to work in the chain-gang, if the said Commissioners shall so direct: Provided, that every person so summoned, shall be authorized to [Illegible Text] said service by paying to the overseer one dollar for each day's service required, to be returned to the County Commissioners when they make their annual returns. Penalty.

Page 392

SEC. IV. Be it further enacted, That the County Commissioners shall meet quarterly to hear the excuses of all defaulters, and shall have full power to issue execution for the enforcement of the fines imposed, and to carry out the provision of the preceding section of this Act. Quarterly meetings. SEC. V. Be it further enacted, That when overseers are appointed they shall be compelled to serve, and said overseers failing to do their duty, shall be returned to the County Commissioners, and said Commissioners are authorized and empowered to impose a fine upon said overseers for neglect of duty, which fine shall not be more than twenty-five dollars, the same to be collected as fines against road hands. Penalty vs. overseers, for failing to perform duties. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 15, 1879. CONVICTS OF FULTON COUNTY TO BE WORKED ON THE STREETS OF ATLANTA, AND ON COUNTY ROADS. No. 237. An Act to amend an Act entitled an Act to alter and amend the said laws of this State, so far as relates to the county of Fulton, and to provide for the working of the public roads of said county by convict labor, etc., approved February 28, 1876, in so far as to require the Ordinary of said county to work the county convicts upon the streets of the city of Atlanta, and upon the county roads outside of said city, for such time each, as is in proportion to the population of the city and the population of the territory in the county outside of the city limits. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That from and after the passage of this Act, the Ordinary of Fulton county is hereby required to work the county convicts such a proportionate length of time upon the public streets of the city of Atlanta, and the county roads in the county of Fulton outside of the city, respectively, as the population of the city bears to the population of the county outside of the city, and that said work in the city shall be done under the direction of the Mayor and General Council of said city: Provided, that said Mayor and Council shall not be authorized or allowed to work said convicts

Page 393

on the streets in said city within the fire limits of the same, or within one mile from the center of said city. Ordinary to work county convicts on public roads. SEC. II. Be it further 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 October 13, 1879. AMENDMENT OF ROAD LAWS AS TO DEKALB COUNTY. No. 147. An Act to alter and amend the road laws of this State so far as relates to the county of DeKalb, and to provide for the working of the public roads of said county by convict labor, and to authorize the Ordinary of said county to levy and collect a tax for said purpose. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act the Ordinary of the county of DeKalb shall have power and authority to use as a force, for the working of the public roads of said county, the labor of such convicts as may hereafter be sentenced by the Judges of the Superior Courts of said county and by the Justices of the Peace and Notaries Public, ex officio Justices of the Peace of said county for misdemeanors; to appoint a superintendent to take charge of and manage the same under such regulations and rules as said Ordinary may prescribe; to purchase horses, mules, wagons, carts, and all necessary implements and tools, to employ such assistants and guards and hire such other labor as may be necessary for the proper and economical working of said force, and to provide necessary stockades and shelter for their safe-keeping and comfort, under such rules and regulations and compensation for services as said Ordinary may prescribe. Ordinary authorized to work convicts on public roads. SEC. II. Be it further enacted by the General Assembly of the State of Georgia, That each and every person subject to road duty in said county shall have the privilege of paying three dollars which shall be in commutation of work upon public roads; said commutation tax, when so collected, to be set aside and used for road purposes as contemplated by this Act. Commutation tax $3. SEC. III. Be it further enacted by the General Assembly of the State of Georgia, That should said commutation tax be insufficient to pay the expenses contemplated in this Act, it shall be the duty of said Ordinary to levy a tax upon all the taxable property of said county, not exceeding ten per cent. of the State tax, to be collected by the Tax Collector of said county, as other county tax, to be set aside and used as a road fund. Extra tax for road purposes may be levied.

Page 394

SEC. IV. Be it further enacted by the General Assembly of the State of Georgia, That it shall be the duty of the road Commissioners of the several militia or road districts of said county, to ascertain and report to the Tax Collector of said county, the names of each and every person in their respective districts, who may be subject to road duty; and it shall be the duty of said Tax Collector to collect said commutation tax at such time as the Ordinary may direct, and shall report to said road Commissioners of the respective districts the names of all persons who [Illegible Text] to pay said commutation tax. Ascertainment and coliection of commutation tax. SEC. V. Be if further enacted by the General Assembly of the State of Georgia. That any person or persons subject to road duty who shall prefer to work the road in person or by proxy, shall have the right to do so, and shall work six days in the year on the roads in his district, under the direction of the Superintendent or Contractor, whose receipt for such good labor shall be a full aquittance; and any person failing or refusing to pay said tax or work six days, shall be subject to all the penalties provided for defaulters. Road hands shall work six days each year. SEC. VI. Be it further enacted by the General Assembly of the State of Georgia. That from and after the passage of this Act, the Judge of the Superior Court of said county, and the Justices of the Peace and the Notaries Public ex officio Justices of the Peace shall sentence all persons convicted of misdemeanors in said courts, (when sentenced to labor) to labor upon the public roads and public works of said county, under such Superintendent and guards, and under such rules and regulations as they may deem best for the interest of said county of DeKalb. [Illegible Text] in said county for misdemeanors, how sentenced. SEC. V. Be it further enacted by the General Assembly of the State of Georgia, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 25, 1879.

Page 395

TITLE VIII. MISCELLANEOUS. ACTS. Forfeiting franchises of Arnett Bridge Company. County tax of Jackson county. Dongherty county may issue bonds. Traffic in corn and seed cotton in Thomas county. School system of Lowndes county. Traffic in seed cotton in Lee county. Toll rates for bridge at Fort Gaines. Registration of voters of Mitchell county. Depredation of hogs in Morgan county. Registration of voters of McIntosh county. Public Schools in Dodge county. Ohoopee River Fund appropriated. Insolvent costs in Taylor county provided for. Revision of jury box of Harris county. Insolvent costs in Richmond county. Relief of B. F. Mathews. Relief of J. L. Fleming. Relief of L. D. Matthews Concerning the county site of Wilcox county. Registration of voters in Camden county. Fees of Jurors of Malton county. Court-house for [Illegible Text] county. FORFEITING FRANCHISES OF ARNETT BRIDGE COMPANY. No. 104. An Act to withdraw all rights, privileges, and franchises hereto fore granted to the Arnett Bridge Company, located at [Illegible Text], Ga. WHEREAS, An order was granted at the April adjourned term, 1868, of Decatur Superior Court, at the instance of Felix G. Arnett and others, incorporating the Arnett Bridge Company, and granting to said Company, and their successors, the right to build, repair, and reconstruct a toll-bridge over Flint river, at or near Arnett's Ferry, in Bainbridge, Decatur county, Georgia, and the exclusive right of ferryage upon all lands owned by said Felix G. Arnett, on either side of said river, for one mile up and below said bridge, so to be erected; and, Preamble.

Page 396

WHEREAS, Felix G. Arnett, the sole owner of all the chartered privileges of said corporate company, has allowed said bridge to be cut down, and the same is now wholly destroyed, and neglects, and has absolutely refused, to rebuild and maintain said toll-bridge, and has thus refused and neglected to use his ferry privileges for twelve months or more, which is equivalent to debarring the citizens of said county of the right of crossing said river, at or near their county site, all of which is exceedingly unjust and oppressive to the public in general; and, WHEREAS, When said toll-bridge was maintained, the rates of toll for crossing were more than allowed under the Act of 1853-4, especially enacted for said county, which should not be tolerated; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That all rights, privileges, and franchises heretofore granted to the Arnett Bridge Company, and their successors, to build and maintain a toll-bridge or ferry on the Flint river at Bainbridge, in Decatur county, be withdrawn, and the charter granted to said company at the April adjourned term, 1868, of Decatur Superior Court, be, and the same is hereby, declared forfeited. Charter annulled. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act are hereby repealed. Approved September 8, 1879. COUNTY TAX OF JACKSON COUNTY. No. 132. An Act to repeal an Act entitled an Act to prohibit the imposition of more than fifty per cent upon the State tax for county purposes, on any account whatever in the county of Jackson, approved February 26, 1877, and for other purposes. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid, That the Act entitled an Act to prohibit the imposition of more than fifty per cent upon the State tax for county purposes, on any account whatever, in the county of Jackson be, and the same is hereby, repealed. Limitation of taxing, power repealed. SEC. II. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 23, 1879.

Page 397

DOUGHERTY COUNTY MAY ISSUE BONDS. No. 113. An Act to authorize the county of Dougherty, by its county Commissioners, to issue bonds of said county for thirty thousand dollars, and to provide for the assessment and collection of an annual tax to pay the principal and interest of the same in compliance with article 7, section 7, of the Constitution, for purchasing of the bridge across Flint River at Albany for the use and benefit of said county. SECTION I. The General Assembly of Georgia do enact, That the county Commissioners of Dougherty county are hereby authorized, in compliance with article 7, section 7, of the Constitution, to issue coupon bonds of Dougherty county to an amount not exceeding thirty thousand dollars, to be prepared and signed by said county Commissioners in such sums, and payable at such times, not exceeding fifteen years from date, as they may deem best; said bonds to bear seven per cent interest payable annually on the first day of December at the office of the county Treasurer, or at such other place as may be designated in said bonds. County [Illegible Text] authorized to issue county bonds. SEC. II. The county Commissioners of Dougherty county shall at or before the time of issuing said bonds, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt, within the time when said bonds shall be made due and payable, not to exceed the term of fifteen years. Sufficient tax for payment of bonds. SEC. III. The said county Commissioners are hereby authorized to sell said bonds at not less than par, and to purchase with the proceeds thereof, the bridge across Flint river at Albany, in said county, together with the bridge house, and the land on which they are located, on both sides of the river from Nelson Tift, the owner thereof, at a sum not to exceed thirty thousand dollars, and take his fee-simple title therefor, as the property of Dougherty county. And said county Commissioners, and their successors in office, shall thereafter posses and manage said bridge and appurtenances according to their judgment of the best interest of the county, looking to the early establishment of the bridge as a free bridge for residents of the county, and for the passage of all produce to and from market at Albany. Bonds not to be for less than par. Bridge to be under management of county commissioners. SEC. IV. The bonds and coupons issued under authority of this Act, shall be paid at maturity in lawful money of the United States, or shall, when due at the option of the holder, be receivable for all dues to the county. Said bonds shall be a public security of Dougherty county, and the illegal issues or alterations of any such bonds or coupons shall be forgery. The bonds authorized

Page 398

to be issued by this Act, may be called in and paid by said county Commissioners at any time, by giving three months notice in a newspaper published in said county, and if such called bonds are not presented for payment at the time mentioned in said call, interest on the same shall cease from said time. If at any time the said county Commissioners can sell other county bonds drawing a low rate of interest at par, for the redemption of outstanding bonds, they may issue and sell such new bonds and call in, pay and cancel an equal amount of outstanding bonds and they may assess, and collect such tax as may be necessary to pay up the debt. The proceedings of the said county Commissioners under this Act, shall be recorded in a book to be kept by them for this purpose, in which all bonds issued by them shall be registered, and all bonds and coupons taken up and paid shall be canceled, filed in the office as vouchers, and entered on said bond as paid, with the date and manner of payment, and to whom paid, and they shall publish an abstract of the proceedings and financial condition in December of each year. Bonds and coupons payable at maturity in lawful money of United States, etc. Bonds, how called in before maturity. SEC. V. The said county Commissioners of Dougherty county, shall publish a notice in a newspaper in said county, once a week for four weeks, and at the court-house door of said county, appointing a day on which an election by the qualified voters of the county will be held, to determine whether or not the debt authorized by this Act shall go into effect; and all such voters to qualify themselves to vote on this subject, shall register their names, age, occupation and residence, at the Ordinary's office in said county, at least ten days before the election. The questions to be voted on shall be so framed by the county Commissioners, and written or printed on the tickets, as to be answered yes, or no, the said election shall be held and conducted in compliance with the laws regulating election for county officers. The returns of the election shall be made to the Ordinary of said county, who shall declare, publish and record the result, and if two-thirds of said registered voters, shall have voted in favor of creating said debt, then this Act shall be in full force for the purpose therein stated. To determine the question of issuing said bonds. Returns of election to be made to Ordinary. SEC. VI. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 10, 1879.

Page 399

TRAFFIC IN CORN AND SEED COTTON IN THOMAS COUNTY. No. 298. An Act to regulate the traffic in corn and seed cotton outside of incorporated towns, within the limits of the county of Thomas, in this State, and to prescribe a penalty for unlawful traffic in the same. SECTION I. Be it enacted by the General Assembly of this State, and it is hereby enacted by authority of the same, That from and after the passage of this Act, it shall not be lawful for any person to carry on any traffic in corn or seed cotton, or to do a barter or exchange business in or for the articles aforesaid, outside the limits of incorporated towns, within the county of Thomas, in this State, without having first obtained a license from the Ordinary of the county to engage in the traffic aforesaid. Thomas county, unlawful to traffic in corn or seed cotton, without license. SEC. II. Be it further enacted by the authority aforesaid, That persons desiring license to carry on the business above described, at a point outside the limits of incorporated towns, in said county, shall present to the Ordinary of the county an application in writing, setting forth the location or place of business, and specifying the articles he proposes to deal in, and shall, with said application, exhibit and file, in the office of the Ordinary, the written consent of three-fourths of the freeholders living within three miles of the locality where the business is to be carried on; upon filing such application, with the consent above required, it shall be the duty of the Ordinary to issue to the person so applying, upon the payment by him or her, of the sum of five dollars as a license fee, one-half to go to the common school fund of the county, and the other to the Ordinary, a written license, authorizing the applicant to carry on, at the particular locality described, and between sunrise and sunset of each day, except Sundays, such business of barter or exchange for twelve [Illegible Text] next succeeding the issuing of said license. Licenses, how obtained. SEC. III. Be it further enacted, That nothing herein contained shall authorize any person to deal in spirituous or intoxicating liquors without also complying with the general law of the State in relation thereto. Nor shall anything in this Act contained apply to the sale or exchange by farmers of the products of their farms, nor to the sale or exchange by mill owners of the earnings of their mills; nor shall its provisions affect dealings between farmers and their employes, and between landlords and their tenants. This Actapplication of. SEC. IV. Be it further enacted, That any person or persons violating the provisions of this Act, shall be punished for each and every such violation [Illegible Text] prescribed in Section 4310 of the Code of Georgia. Penalty.

Page 400

SEC. V. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and they are hereby, repealed. Approved October 17, 1879. SCHOOL SYSTEM IN LOWNDES COUNTY. No. 169. An Act to repeal so much of an Act as relates to the county of Lowndes, entitled An Act to change and regulate the School System in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February 15, 1877. SECTION 1. Be it enacted by the General Assembly of the State of Georgia, That so much of the above recited Act as relates to the county of Lowndes be, and the same are hereby, repealed. Lowndes county, Act to regulate school system, repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 27, 1879. TRAFFIC IN SEED COTTON IN LEE COUNTY. No. 296. An Act to amend an Act entitled an Act to regulate the traffic in seed cotton, in the counties of Decatur and Randolph, and for other purposes therein named, approved 26 th day of February 1876, so as to extend the provisions of said Act to the county of Lee. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the provisions of an Act, entitled an Act to regulate the traffic in seed cotton in the counties of Decatur and Randolph, approved February 26, 1876, be, and are hereby, extended in all its bearings to the county of Lee, except that the amount to be paid as license, for said county of Lee, shall be one thousand dollars. Lee county, sale of seed cotton therein, SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879.

Page 401

TOLL RATES FOR [Illegible Text] AT FORT GAINES. No. 149. An Act to establish the original rates of toll, for crossing the bridge across the Chattahoochee river, at the town of Fort Gaines. SECTION I. 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 on and after the passage of this Act, the rates of toll for crossing the bridge across the Chattahoochee river, at the town of Fort Gaines, shall be as follows: For four-horse wagon, loaded, seventy-five cents, same empty, fifty cents; for two-horse wagon, loaded, fifty cents, same empty, thirty-five cents; for two horse hack or carriage, seventy-five cents; for two-horse buggy, fifty cents; for one-horse buggy thirty-five cents; for one-horse hack, fifty cents; for one-horse wagon, twenty-five cents; for one-horse cart, twenty-five cents; for man and horse, ten cents; for footman, five cents; and for all loose stock, five cents each: Provided, nothing contained in this Act shall be construed to authorize the collection of toll on such produce as is now exempted under the charter of said bridge. Rates of toll, etc. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved September 26, 1879. REGISTRATION OF VOTERS OF MITCHELL COUNTY. No. 107. An Act to repeal an Act entitled an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell, and Camden, etc., so far as the county of Mitchell is concerned. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the Act entitled an Act to provide for the registration of electors in the counties of Thomas, Lowndes, Decatur, Mitchell and Camden, and to prevent illegal voting in the same, approved February 23, 1875, be, and the same is hereby repealed, so far as it concerns or may effect the county of Mitchell. Mitchell Co, registration law for, repealed. SEC. II. Be it further enacted, That all laws militating against this Act be, and the same are hereby, repealed. Approved September 8, 1879.

Page 402

DEPREDATION OF HOGS IN MORGAN COUNTY. No. 320. An Act to prevent the depredation of hogs in the county of Morgan. SECTION I. Be it enacted by the General Assembly of Georgia, That from and after the passage of this Act, it shall not be lawful for any person or persons owning hogs in the county of Morgan, after notice as required in the next section of this Act, to allow them to waste, destroy or damage any crop or crops planted or grown in said county, notwithstanding any insufficiency of any fence or inclosure by which such crop or crops may be inclosed. Prohibition as to depredation of hogs. SEC. II. Be it further enacted, That in the event of damage or injury to such crop or crops by hogs owned or kept in said county, the owner thereof, or his agent, may give notice in writing thereof to the owner or owners of such hogs, or if not practicable to do so by reason of their absence from home, or otherwise, then such notice may be given to any agent of such owner or owners. Notice to owner or agent. SEC. III. Be it further enacted, That the owner or owners of such crops shall not be liable for any damage done to such hogs while damaging or injuring said crops at any time after the expiration of two days after the giving of the notice authorized by the second section of this Act. Owner of crop damaged by not liable for injury to hogs depreng. SEC. IV. Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. REGISTRATION OF VOTERS OF MCINTOSH COUNTY. No. 138. An Act to repeal an Act entitled an Act to require the registration of the voters of McIntosh county, and to provide for the same. SECTION I. Be it enacted, That from and after the passage of this Act, the Act entitled an Act to require the registration of the voters of McIntosh county, and to provide for the same, approved February 17th, 1877, be, and the same is hereby, repealed. Voters not to be registered. SEC. II. Be it further enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 24, 1879.

Page 403

PUBLIC SCHOOLS IN DODGE COUNTY. No. 212. An Act to repeal an Act entitled an Act to change and regulate the school system in the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars; approved February 15, 1877, so far as applicable to Dodge county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That an Act entitled an Act to change and regulate the school system of the counties of Ware, Echols, Lowndes, Berrien, Charlton, Dodge and Clinch, in certain particulars, approved February, 15, 1877, so far as the same is applicable to the county of Dodge be, and the same is hereby, repealed. Act recited in caption repealed. SEC. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 8, 1879. OHOOPEE RIVER FUND APPROPRIATED. No. 137. An Act to divert the unexpended part of the fund known as the Ohoopee River Fund; a fund provided for opening up the Ohoopee River in the county of Tatnall, to educational purposes in said county. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the unexpended part of the fund known as the Ohoopee River Fund; a fund provided for opening up the Ohoopee River in the county of Tatnall, is hereby diverted from its original purpose and applied to the support of the common schools of said county. Remainder of the Ohoopee river fund. SEC. II. The county school Commissioner of Tatnall county is hereby authorized to callon the Treasurer of the Ohoopee River Fund for any amount of the said Ohoopee River Fund now remaining in the hands of the said Treasurer, who shall at once pay over said fund to said county school Commissioner, taking his receipt therefor. Treasurer of fund to pay over balances. SEC. III. Should any of said Ohoopee River Fund have passed out of the hands of the Treasurer of that fund without having been applied to the purpose originally intended, the Treasurer of said fund shall turn over any notes of hand, or other evidences of indebtedness therefor, to the county school Commissioner, who shall proceed to collect the same according to the law in such

Page 404

cases made and provided; and should it appear that the Treasurer of said Ohoopee River Fund shall have made himself personally responsible according to law, for the whole, or any part of said fund, either by his mode of managing, or disposing of the same, it shall be the duty of the county school Commissioner to take the necessary legal steps against said Treasurer and his securities to recover the said fund; it being understood that in all matters involving litigation, the county school Commissioner shall proceed under the direction, and with the advice of, the county Board of Education. Notes, etc., belonging to said fund to be turned over. SEC. IV. The true intent and meaning of this Act is to impower and require the said county school Commissioner of Tatnall county, under the direction of the Board of Education of said county, to use all the remedies provided by law for putting himself in possession of any of the said Ohoopee River Fund, with the legal interest thereon, which has not been expended for the purpose to which it was originally devoted. The intent of this Act. SEC. V. All moneys obtained from the Ohoopee River Fund by the said county school Commissioner, shall be applied by him, under the direction of the county Board of Education to the support of the common schools of Tatnall county. Shall be applied to common school purposes. SEC. VI. All laws or parts of laws in conflict with this Act are hereby repealed. Approved September 24, 1879. INSOLVENT COSTS IN TAYLOR COUNTY PROVIDED FOR. No. 323. An Act to repeal an Act to authorize the transfer of Criminal cases pending in the Superior Court of Taylor county, below the grade of felony to the Criminal Court for said county, enacted by an Act, approved March 4, 1875, and to provide for the payment of insolvent costs in cases of felony in said Superior Court, and for other purposes, approved February 28, 1876. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, an Act entitled an Act to authorize the transfer of Criminal cases pending in the Superior Court of Taylor county, below the grade of felony to the Criminal Court for said county, enacted by an Act, approved March 4, 1875, and to provide for the payment of insolvent costs in cases of felony in said Superior Court, and for other purposes, approved February 28, 1876, be, and the same is hereby, repealed. Act repealed.

Page 405

SEC. II. Be it further enacted by the authority of the same, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved October 17, 1879. REVISION OF JURY BOX OF HARRIS COUNTY. No. 62. An Act to revise the jury box in the county of Harris, and for other purposes. WHEREAS, from a misconception of the law and their duties thereunder, the Commissioners, when last revising the jury box of said county, failed to put in said jury box a sufficient number of qualified jurors to meet the demands of the law without imposing onerous duties on a few; Preamble. And whereas, in some of the militia districts of said county there are not a sufficient number of jurors in the jury box to serve in the Justice courts; for remedy whereof SECTION I. The General Assembly of the State of Georgia do enact, That the Jury Commissioners of said county of Harris, together with the Clerk of the Superior Court, Ordinary and Sheriff of said county, shall convene at the court-house in said county on the first Monday in September next, and revise the jury box of said county in terms of the law, now of force in this State relative to revising jury boxes. Jury boxrevision of. SEC. II. 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 23, 1879. INSOLVENT COSTS IN RICHMOND COUNTY. No. 94. An Act to repeal an Act entitled an Act to provide for the payment of certain insolvent costs in the Augusta Judicial Circuit, approved February 15, 1873, in so far as said Act applies to the county of Richmond. SECTION I. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same, That so

Page 406

much of the above recited Act which is as follows: That whenever at any term of the Superior Court of any county of the Augusta Judicial Circuit a majority of the grand jury shall so recommend, the Judge of the Superior Court shall grant to the Solicitor General an order upon the County Treasurer for the payment of any account for insolvent criminal costs, so recommended to be paid; and it shall be the duty of the County Treasurer of said county to pay the same out of any money in the Treasury thereof: Provided, nothing in this Act shall be mandatory to the grand jury; but they shall have full discretion to recommend or not, as they see proper, the payment of criminal and insolvent costs, as applies to the county of Richmond be, and the same is hereby, repealed: Provided, said repeal shall not take effect until the expiration of the term of office of the present incumbent. Insolvent criminal costs SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the foregoing section be, and are hereby, repealed. Approved August 26, 1879. RELIEF OF B. F. MATHEWS. No. 133. An Act for the relief of Benjamin F. Mathews, of the county of Chattahcochee. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That his Excellency, the Governor, be, and he is hereby, authorized to draw his warrant on the Treasury of the State in favor of Benjamin F. Mathews, of the county of Chattahoochee, for the sum of two thousand four hundred and ninety dollars, to be received in payment of the principal and interest now due on two bonds of one thousand dollars each, being numbers one hundred and seventy nine and one hundred and ninety, of the North and South Railroad of Georgia, and endorsed by the State of Georgia, under and by virtue of an Act, approved October 24, 1870, entitled an Act to incorporate the North and South Railroad company from the city of Rome via Carrollton and LaGrange, to the city of Columbus, to grant certain powers and privileges to the same, and to grant the guaranty and indorsem*nt of the State of Georgia upon the bonds of said company and for other purposes, which said bonds have been lost, and copies have been duly established in the Superior Court of Muscogee county. Governor authorized to draw his warrant in favor of Benj. F. Mathews, etc. SEC. II. Be it further enacted by the authority aforesaid, That before said sum of two thousand four hundred and ninety dollars shall be paid to said Benjamin F. Mathews, he shall make and file

Page 407

with the Governor of the State, an affidavit of the fact of the loss or destruction of said bonds, and shall surrender to the Treasurer the established copies of said bonds and coupons, and shall give a bond and security in a sum double the amount of the principal and interest of said lost bonds, conditioned to save the State harmless on account of paying the said bonds, should the same be ever presented to the Treasurer in the hands of an innocent purchaser. Affidavit SEC. III. Be it further 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 September 23, 1879. RELIEF OF J. L. FLEMING. No. 197. An Act for the relief of James L. Fleming, to-wit: the withdrawal of his residence and lands from within the corporate limits of the village of Summerville, Richmond county, Georgia. WHEREAS, James L. Fleming, desires to have his residence and lands excluded from the lines of the village of Summerville, and whereas, his residence is at a remote point from the village, not improved, nor protected, by the corporation, and whereas, the corporation simply imposes taxes, without his receiving any advantage therefrom: Preamble. SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the premises on which the said James L. Fleming resides be, and they are hereby, declared to be no longer a part of said village of Summerville, and that he be relieved in future from all taxes and burdens as a citizen of said village. J. L. Flemingresidence of. SEC. II. Be it further [Illegible Text], That all laws and parts of laws in conflict with this Act be, and are hereby, repealed. Approved October 2, 1879.

Page 408

RELIEF OF L. D. MATTHEWS. No. 300. An Act to extend the provisions of an Act entitled an Act to relieve F. W. Grubbs, A. G. Inman, L. F. Bell and L. D. Matthews, securities on the bond of R. Columbus Wimberly, Tax Collector of the county of Burke, in the year 1874, approved February 28, 1876, so as to afford L. D. Matthews, the only remaining solvent security on said bond, further time to have all the payments, which he claims have been made since the passage of said Act on said bond, fairly and fully credited, and for other purposes. WHEREAS, L. D. Matthews, one of the securities, in said Act of relief, approved February 28, 1876, claims that sufficient property of the principal has been sold, and money received therefrom to fully pay off the execution against said Wimberly, Tax Collector of Burke county, and his securities, issued by the Comptroller General on the 14th day of June, 1875; Preamble. And whereas, the said L. D. Matthews is now the only remaining security from whom any balance that may exist can be collected; And whereas, the duly certified action of the grand jury of Burke county, at the last November term of the Superior Court, held in January last, for said county, as well as the certificates of the Sheriff of said county, and the Clerk of the county Board of Commissioners show there are credits that should be given; and that with these, said debt is nearly, if not quite, paid off; therefore, SECTION I. Be it enacted, etc., That the Comptroller General be, and he is hereby, authorized, to further restrain the enforcement of said tax fi. fa., as to all said securities until the further provisions of this Act be complied with. To restrain a certain tax fi. fa. SEC. II. Be it further enacted, etc., That in default of full and final settlement of the remaining balance justly due, by the November term of Burke Superior Court next ensuing, any questions of controversy springing out of the attempt to enforce said fi. fa. shall be submitted to the Judge of said court, who may direct issues of fact to be passed on by a jury, and the whole merits shall then and there be determined, unless said Judge shall think the ends of justice require a continuance to the next term: Provided, only one such continuance shall be had, and, provided further, that said balance, when legally ascertained, if any, shall be enforced; if not promptly paid, by levy and sale within ninety days from the rendition of said judgment; and, provided further, that in no event is the delay here granted to extend beyond twelve months from the date of the passage of this Act, nor shall anything in this Act

Page 409

be construed to be intended to relieve in any manner, or delay pressure of said fi fa., against the said principal. Question as to balance due on fi. fa. SEC. III. Be it enacted, etc., That all laws and parts of laws militating against this Act be, and the same are hereby, repealed. Approved October 18, 1879. CONCERNING THE COUNTY SITE OF WILCOX COUNTY. No. 168. An Act to carry out the true meaning and intent of the third section of an Act, approved December 22, 1857, entitled an Act to lay out, and organize the county of Wilcox, and to declare the duties of the county authorities, and the rights of the citizens of said county, relative to locating the county-site of Wilcox county, and for other purposes. SECTION. I. Be it enacted by the General Assembly of Georgia, That the county authorities of Wilcox county shall locate the site of Wilcox county, at some central and convenient place in said coonty, as is prescribed in the third section of the Act of the 22d day of December, 1857, that created the county of Wilcox, and that the court-house shall be erected at the site selected by the county authorities. To select county site for Wilcox. SEC. II. Be it enacted by the authority aforesaid, That any tax payer of the county of Wilcox may apply to the Chancellor to restrain the [Illegible Text] of the county-site, and the erection of the court-house, at any place other than some central and convenient place in said county, and the question as to whether the selection is made in accordance with the true intent and meaning of the third section af the aforesaid Act, shall be tried by a jury, as other equity causes are tried. Any citizen may restrain location of site, etc. SEC. III. Repeals conflicting laws. Approved September 27, 1879.

Page 410

REGISTRATION OF VOTERS OF CAMDEN COUNTY. No. 297. An Act to amend an Act entitled an Act to authorize and require the registration of voters in the county of Camden, in this State, and for other purposes, approved February 26, 877. SECTION I. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, That from and after the passage of this Act, the above cited Act be, and the same is hereby, changed, amended and made to read as follows, to-wit: That from and after the passage of this Act, it shall be the duty of the Board of Commissioners of Roads and Revenues for the county of Camden, as may be established by law, to open a book at their office, and at Jefferson, Horse Stamp, Ward's, Bailey's, and Satilla Bluff precincts in said county, for the registration of the legal voters of said county, and for that purpose to cause the said registration books to be kept open by their clerk at the county site, and at the several named precincts by clerks specially appointed by said Commissioners for that purpose, from the first Monday in September, in the year 1880, and every alternate year until otherwise provided by law. Registration of voters. SEC. II. Be it further enacted by the authority aforesaid, That any person or persons desiring to shall register his or their name within the time prescribed by law for keeping said books of registration open, giving his or their name, age, residence and occupation, and making oath to be registered in said books, that he or they have paid all State and county taxes for the year next preceding that in which he or they propose to register, and if the managers or supervisors of election at any precinct shall discover that any person has fraudulently registered, by false oath, who is under age, a non-resident, or an alien, said managers shall refuse to take his vote; and that no person shall be entitled to vote at an election in said county who has not complied with the requirements of this Act. That it shall be, and is hereby, made the duty of said Commissioners of Roads and Revenues to appoint clerks, one each for the several precincts herein named, whose residences shall be in or near their respective places of appointment; and should said Commissioners fail, neglect or refuse to appoint said clerks, they shall be punished by a fine not less than twenty nor more than one hundred dollars, to be tried and determined as other misdemeanors in the Superior Court of said county. Persons desiring to register. to take oath. etc. Clerks of registration Penalty. SEC. III. Be it further enacted by the authority aforesaid, That the receiver of tax returns, while going his usual rounds taking returns of taxes, be authorized to act in the capacity of clerk of registration

Page 411

to register voters in the same manner as prescribed in this Act, for which purpose he shall use a list to be entitled Registration List, and at the expiration of the time prescribed in this Act for registration, he, and the other especial clerks of the Commissioners of Roads and Revenues aforesaid, shall make out and forward to the clerk of the Commissioners of Roads and Revenues a true and certified copy of the names of all persons with them registered, for the benefit of the managers of elections at the county site, for which services they shall receive each a fee of five (5) cents for every person with them each registering, and the said clerk of the Commissioners of Roads and Revenues shall in turn forward to the managers presiding at the several election precincts, a true and certified copy of the names of all voters with him registered, together with a copy of those received by him from the receiver of tax returns, and the several clerks aforesaid, for which service he, the said clerk of Commissioners, shall receive six (6) cents from the county, in addition to his regular salary, for every person registering with him, which fees shall be paid by the county as other demands against the same. Tax receiver authorized to act as clerk of registration. Clerksfees of. SEC. IV. Be it further enacted by the authority aforesaid, That every person offering to vote at an election whose name does not appear on the registration list, the managers of election be authorized to administer the following oath: You do solemnly swear that you have duly registered in the county of Camden, as prescribed by law, so help you God, after which said person may vote; and any person voting at any election in said county, election for town or city officers excepted, without having registered as hereinbefore required, shall be guilty of a misdemeanor, and, on conviction thereof before the Superior Court of said county, shall be punished as prescribed in section two of this Act. Oath. Penalty for illegal voting. SEC. V. Be it further 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 October 17, 1879. FEES OF JURORS OF MACON COUNTY. No. 144. An Act to repeal an Act to regulate the pay of jurors in Macon county, approved February 23, 1876. SECTION I. Be it enacted by the General Assembly, That from and after the first of January, 1880, an Act entitled an Act to regulate the pay of jurors in Macon county, approved February 23, 1876, be, and the same is hereby, repealed. Act recited in caption repealed.

Page 412

SEC. II. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. Approved September 24, 1879. COURT-HOUSE FOR FULTON COUNTY. No. 158. An Act to authorize the creation of a Court-house for the county of Fulton, and the creation of a debt by an issue of bonds or otherwise, and a levy of an extra tax for said purpose, so far as may be necessary. SECTION I. The General Assembly of the State of Georgia do enact, That the Ordinary of said county of Fulton, or his successors in office, be, and is hereby, authorized and empowered to cause to be built for said county a court-house on the site purchased for said purpose, under authority contained in the Act organizing said county, and in the Code, and as recommended by the grand jury of said county, and to levy and collect an extra tax for said purpose: provided, that should the cost of said building and improvements be such as to render necessary a larger debt than is authorized under the Constitution without a popular vote, then a debt may be created not exceeding sixty thousand dollars, which said debt may be negotiated and funded at par into short-time semi-annual coupon bonds, falling due in equal annual instalments, the last maturing in not longer than ten years, and all bearing not less than four nor more than seven per cent. interest; and further: provided, that before said debt is created the same shall be authorized by a two-thirds vote of the qualified voters of said county, said votes to be taken under such rules and regulations for notice for receiving and counting the ballots, and declaring the result of the same, as the Ordinary aforesaid may by order prescribe, or as may be provided by the general law, if any, of force at the time of said election. Fulton Co., Ordinary of authorized to have court-house built. Proviso. SEC. II. Be it further enacted by the authority aforesaid, That this Act is hereby declared a part of the contract of loan and irrevocable as such, and that such extra tax be annually levied, assessed and collected, on all the taxable property of said county, and added to the revenues of said county for the purpose of paying said loans or bonds and coupons as they fall due, and all of such extra tax is hereby specially set apart and devoted to said purpose. Extra tax. SEC. III. Be it further enacted by the authority aforesaid, That if it shall appear, upon receiving the estimates and bids, or proposals, for erecting said court-house, that the same can be completed and fully paid for out of funds then on hand, and out of the taxes of the current year, and by incurring a debt not exceeding one-fifth of

Page 413

one per cent. of the assessed value of the taxable property in said county, according to the limits fixed by the Constitution of this State, then said Ordinary is hereby authorized to negotiate a temporary loan, or loans, to supply such casual deficiency of revenue, and to proceed with the erection of said court-house, and to issue said bonds under this Act, not to exceed the amount of said one-fifth of one per cent. on the taxable property in said county, without any submission of the same to a popular vote as aforesaid. Temporary loan. SEC. IV. Be it further enacted by the authority aforesaid, That said bonds shall be signed by the Ordinary, and countersigned by the Treasurer of said county, and shall be registered in both of said offices. Bonds, how signed and registered. SEC. V. 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 September 26, 1879.

Page 415

Part IV. Resolutions. TITLE I. RESOLUTIONS. Wild Lands and transfer of fi. fas. Appointment of Commissioners to investigate wild land sales. Claim against State of Alabama. Lessees of Penitentiary convicts. Approving Congressional action on Public Schools. Authorizing C. H. Williams to publish the laws. Recess of General Assembly. Endorsem*nt of Northeastern railroad bonds. Proposals of City of Atlanta as [Illegible Text] Capitol. Acceptance of Atlanta's proposition. Exclusion of certain class of patients from Lunatic Asylum. Reward for forgers of the Great Seal of State. Removal of sign from State Capitol. Presentation of names to Art Gallery at Washington. Pay of deceased members. Printing and distributing Act to lease, etc., Macon and Brunswick Railroad. Collection of special liquor tax. Peterson Thweatt authorized to sue the State. Opening Chattahoochee river. [Illegible Text] of members and officers for adjourned session. Appropriations to pay H. J. G. Williams. Appropriation to Committee attending remains of Hon. J. C. Clements. Requesting Governor to issue fi. fas. vs. Renfroe and [Illegible Text]. Instructions to Comptroller-General. Governor to investigate certain coupons of Macon and Brunswick railroad bonds. Disposition of articles in Geological Bureau. Secretary of State to destroy certain papers. State Treasurer to pay interest on certain bonds. Instructions to Comptroller-General as to Wild Land fi. fas. Memorial to Congress as to improving Savannah river. University of Atlanta and a certain fund in control of Congress. Directions to Public Printer. Barge line from St. Mary's river to Mississippi river. Signing of bills and resolutions. Removal of State Library. Sale of property within walls of Penitentiary. Report and resolution on endorsem*nt of Northeastern Railroad bonds.

Page 416

WILD LANDS AND TRANSFER OF FI. FAS. No. 1. Resolved, by the House of Representatives, the Senate concurring therein, That the Comptroller-General be, and he is hereby, instructed to suspend all sales of Wild Lands in this State, whether advertised or not, and the further transfer of all tax executions against said lands, until the Committee on Wild Lands shall have concluded their investigation of this subject, and reported the result of their deliberations to this General Assembly. Suspending sales of wild land, etc Approved November 30, 1878. APPOINTMENT OF COMMITTEE TO INVESTIGATE WILD LAND SALES. No. 2. WHEREAS, a great number of tax fi. fas. have been issued by the Comptroller General of this State against both improved and unimproved wild lots of land: Preamble AND WHEREAS, great numbers of said tax fi. fas. have been transferred by the said Comptroller General to private citizens, which is claimed to have been illegal and unauthorized, by some of the best legal minds of our State: AND WHEREAS, great numbers of said lots, both improved and unimproved, have been sold under said fi. fas., both by the Comptroller General and the transferees thereof; and in most instances, bought in by the transferees of said fi. fas., or as agent for some one whose name is not given in the deeds: AND WHEREAS, it is claimed that said lands were knocked off at ruinously small prices, and when bought by one of said transferees, he was allowed to keep in his own possession all the purchase money of said lands over and above the tax claimed to be due thereon, which is also claimed to be unauthorized by law: And whereas, many unlawful acts are claimed to have been done, and irregularities to exist in connection with the issuing, transferring of, and sales had under, said tax fi. fas: And whereas, there is a great desire on the part of the people of this State to know whether such fi. fas. were legally issued or transferred, and whether the sales under them and the proceeds arising from said sales have been conducted and accounted for according to law; for the ascertainment of all which facts: Be it resolved by the General Assembly of the State of Georgia, That a Committee of two from the Senate, to be appointed by the President thereof, and of three from the House of Representatives,

Page 417

to be appointed by the Speaker thereof, who shall compose a Joint Committee, be, and the same is hereby, appointed for the purpose of investigating and reporting to the present session of the General Assembly: Resolutions providing for appointment of joint committee. First. What number, and against what lots of land, giving number, district and county, for what years fi. fas. have been issued by the Comptroller General of this State, and whether legally issued or not. Duty of committee. Second. What number, or how many, of said fi. fas. have been transferred, to whom, when, and at what price, and what costs are charged by the Comptroller General; and whether said transfers were legally made or authorized by law, and whether the costs demanded were, if any, legally authorized under the laws of this State. Duty as to fi. fas. Third. Who bought in said lots at such sales, at what price, for whom bought, and, when bought as agent, who the principal of such agent was, and whether any of the public officers of this State were either directly or indirectly interested in such purchases; if so, who, in what way and how much. Shall enquire as to sales under transferred fi. fas. Fourth. At what time and prices said lands were sold, what disposition was made of the proceeds of said sales; what part of the proceeds of said sales were allowed to remain in the hands of said transferees, by whose order, and whether such order was in conformity to the laws of this State; what was the difference between the price charged by said transferees for advertising such sales, and the amount actually paid by them for the same to newspapers, and whether such charges were legal. What price sold for, etc. Fifth. To fully investigate and ascertain all unlawful acts that have been done, or what irregularities exist of whatever kind, in connection with the issuing, transferring, selling said land, accounting for proceeds of said sales, or otherwise, under said fi. fas. To investigate as to unlawful acts, etc. Sixth. Said Committee is hereby empowered to send for witnesses, or procure copies of the records of this State, or any county thereof, or examine the same; to swear such witnesses as may be brought or come before them; and to do all other lawful and needful acts necessary for a full and complete investigation of all the matters herein submitted to them. To send for witnesses and copies of records, etc. Approved December 11, 1878. LESSEES OF PENITENTIARY CONVICTS. No. 3. Resolved, by the House of Representatives, the Senate concurring, [Illegible Text] his Excellency, the Governor, be requested to inquire [Illegible Text] any penalties or forfeitures have been incurred by any

Page 418

lessees of Penitentiary convicts, and to take any steps or proceedings necessary and proper to enforce such penalties or forfeitures, and to proceed in any legal way to insure humane treatment of said convicts, and to cancel the contracts with any of said lessees who have failed to comply with their contracts in regard to the humane treatment, security and management of said convicts. Lessees of Penitentiary convicts Be it further resolved, That the Governor be requested to report his action in the premises to the adjourned session of the Legislature. To report results to adjourned session. Approved December 14, 1878. CLAIM AGAINST THE STATE OF ALABAMA. No. 4. WHEREAS, it appears from the annual report of the Trustees of the State Lunatic Asylum for the year 1878, that the State of Alabama is indebted to the State of Georgia in the sum of $18,029.21, on account of certain pauper patients from said State of Alabama: and it further appearing that of said pauper patients four still remain in said Asylum, and are being cared for and supported by the said State of Georgia, and it further appearing that said Trustees have not been able to obtain a settlement of said claim: Preamble. Therefore, be it resolved by the House of Representatives and Senate of Georgia in General Assembly met, That his Excellency, the Governor, be, and he is hereby, requested to correspond with the proper authorities of the State of Alabama for the purpose of securing a speedy and satisfactory adjustment of said claim, so due the State of Georgia as above recited. To open correspondence with Governor of Alabama. Approved December 14, 1878. APPROVING ACTION OF CONGRESS ON PUBLIC SCHOOLS. No. 5. WHEREAS, Certain measures are now pending before the Congress of the United States, which propose to raise from the sale of the public lands and other sources, a fund to be distributed among the States in aid of popular education: and whereas, these measures provide that this distribution shall be made for a term of years, upon the basis of illiteracy, and afterwards upon the basis of school population: and whereas, the measures referred to do not elaim for the national Government the right to control education in the States, but provide simply for turning over the fund raised to the constituted authorities of the several States, to be applied under State laws; therefore, be it Preamble.

Page 419

Resolved, That this General Assembly does most heartily approve the adoption of some measure of national legislation which shall embody the principles set forth in the foregoing preamble. Approving said policy. Resolved, That inasmuch as the educational wants of the Southern States are immediate and pressing, this General Assembly would suggest to Congress the consideration of the question as to whether it might not be best to distribute and apply the entire corpus of whatever educational funds that body, from time to time, may provide, to the immediate relief of these wants. Educational fund. Resolved, That as the educational laws of this State make no discriminations in favor of, or against, the children of any class of citizens; and, as those charged with the administration of these laws have endeavored in the past to have them carried into effect impartially, so does this General Assembly pledge every department of the State Government to take the necessary steps to secure even-handed justice to all classes of citizens, in the application of any educational fund provided by the national Government. State pledged to equitable application of funds. Resolved, That our Senators and Representatives in Congress are hereby requested to give their support to whichsoever of the measures now before the national Legislature that may in their judgment be best adapted to carrying into effect the views and objects expressed in the foregoing preamble and resolutions. Senators and Representatives requested to support certain measures. Resolved, That his Excellency, the Governor, is hereby instructed to transmit a copy of this preamble, and these resolutions in customary form to be laid before both Houses of Congress. Transmit copy of resolutions to Congress. Approved December 12, 1878. C. H. WILLIAMS AUTHORIZED TO PUBLISH PUBLIC ACTS OF PRESENT SESSION. No. 6. Resolved, That C. H. Williams, of the county of [Illegible Text], be, and he is hereby, authorized to publish the Public Acts of the General Assembly, passed at the present session, in pamphlet form; and that the Secretary of State be, and he is hereby, required to furnish him the manuscript of said Acts for that purpose. C. H. Williams to publish Public Acts of present session. Approved December 16, 1878.

Page 420

RECESS OF GENERAL ASSEMBLY. No. 7. A Resolution that the General Assembly take a recess on Friday, the 13 th day of December, 1878, until the first Wednesday in July, 1879, and for other purposes. Resolved, by the House of Representatives, the Senate concurring therein, That the General Assembly take a recess on Friday, the 13th day of December, 1878, A. D., until the first Wednesday in July, 1879, A. D.; and that on re-assembling on the last-named day, the General Assembly will remain in session as long as the public interests may require. Declaring a recess. ENDORsem*nT OF NORTHEASTERN RAILROAD BONDS. No. 8. WHEREAS, On the second day of the present session of this General Assembly, his Excellency, Governor Colquitt, demanded, as an act of justice to himself, and of momentous interest to the State, of which he is the chief executive officer, an investigation into his conduct and motives in reference to endorsing the bonds of the Northeastern Railroad Company: and whereas, a Joint Committee of thirteen, after the most rigid and thorough examination, have unanimously vindicated his conduct in regard thereto, however different and differently expressed, the views of the majority and minority on minor points: and, whereas, the General Assembly have not time without a prolongation of the session to examine the testimony, accompanying said reports, with a view to adopt or reject said reports; therefore Preamble. Resolved, That the postponement by the General Assembly of action on the report of the investigating Committee, is not to be construed as an expression that its confidence in the character of the Governora character exalted by his civil, military and private careeris at all shaken; but such postponement by the General Assembly is simply due to its own appreciation of the proprieties of judicial proceedings, which forbid judgment in any and all cases before the cases have been heard. Action in postponing final decision of report. Approved December 1, 1878. (NOTE.This resolution was unanimously passed by both Houses of the Legislature.COMPILER.)

Page 421

PROPOSALS OF CITY OF ATLANTA AS TO CAPITOL BUILDING. No. 9. Resolved by the Senate and House of Representatives, That a Joint Special Committee, consisting of two from the Senate and three from the House of Representatives be appointed, to whom shall be referred the proposals of the Mayor and Council of Atlanta to convey to the State of Georgia a site on which to build a capitol, and to build for said State a capitol building, who shall consider said proposals and report thereon by bill or resolutions, or otherwise, as they may deem proper. Proposals of Atlanta as to [Illegible Text] site, etc. Approved August 11, 1879. ACCEPTANCE OF ATLANTA'S PROPOSITION AS TO CAPITOL BUILDING. No. 10. A Resolution to provide for the acceptance by the State of Georgia of the proposal of the Mayor and Council of the city of Atlanta to convey to said State a site on which to build a capitol, and to adjust and [Illegible Text] with said Mayor and Council their proposal to build for said State a Capitol building. WHEREAS, On the 19th day of September, 1877, the Mayor and Council of the city of Atlanta, under authority granted by paragraph 1 of section 6 of article 7 of the Constitution of this State, did duly make and deposit with the Governor of this State, the following proposals, to-wit: Preamble. WHEREAS, The enemies of Atlanta are representing that Atlanta's proposition to the Convention was not made in good faith. Resolved, That we do hereby repeat the same, and now declare that if Atlanta is selected as the Capital of the State by the people in December next, the city of Atlanta will convey to the State of Georgia any ten acres of land in or near the city of Atlanta, now unoccupied, or the square in the heart of said city known as the City Hall lot, containing five acres of land, and bounded by a street on every side, on which to locate and [Illegible Text] a Capitol for the State. Resolved further, That the city of Atlanta will build for the State of Georgia, on the location selected, a Capitol building as good as the old Capitol building at Milledgeville. Resolved further, That a copy of this action, signed by the Mayor, and certified to by the Clerk of Council, under the seal of

Page 422

his office, shall be deposited with the Governor of this State, and be published for the information of the people. Therefore, the General Assembly of the State o Georgia have 1. Resolved, That the State of Georgia does hereby accept from the said Mayor and Council the said City Hall lot, and the said Mayor and Council are hereby authorized and required to convey the same to the State of Georgia in accordance with their proposal; and it is hereby made the duty of the Commissioners hereinafter named to see that the title to said property is unencumbered, that said conveyances are properly made, executed and recorded, and when the same has been done said lot shall be, and become, the property of said State, absolutely in fee simple, and a State Capitol shall be erected on said lot, or a part thereof, whenever the General Assembly, by appropriate legislation, shall provide for the same. States acceptance of Atlanta's proposition. Capitol to be erected on site conveyed. 2. Resolved, That the Governor, President of the Senate and Speaker of the House of Representatives of this State be, and they are hereby constituted and appointed Commissioners for the purposes, and with the powers and duties herein set forth. Who to be commissioners. 3. Resolved, That if the Mayor and Council will procure and convey to the said State, by good and sufficient titles in fee simple, in addition to the said City Hall lot, certain other real estate as shown by the following diagram, to-wit: That portion of the lot of St. Phillips' church which is included in the boundary indicated upon said diagram by the letters A. B. C. D. E. F., that portion of a lot belonging to the Georgia Railroad and Banking Company, which is included in the boundary upon said diagram, by the letters G. H. I. J., that portion of the lot belonging to the estate of H. C. Holcombe, deceased, which is included in the boundary indicated upon said diagram by the letters K. L. M. N., and those portions of Hunter, Calhoun, and McDonough streets, included in the boundaries represented by said diagram which said diagram also shows the said City Hall lot, and the additional real estate above described, as the same will appear if added to said lot; and if the said Mayor and Council will open, lay out and keep up a street with side walks on both sides, between the lines indicated on said diagram by the letters, W. V. S. R. Q. U. T., and L. K. I. H. G. E. D. C. B. A., said street and side-walks to be at no point of less width than Washington street, and the side-walks thereon, where said Washington street bounds said City Hall lot, and will remove from the lot where they are now situated, the engine houses, and all buildings and obstructions on said lot as shown on said diagram, then said Commissioners are hereby authorized and empowered to accept said additional real estate in full settlement and satisfaction of the proposal of said Mayor and Council to build a Capitol building, and it is hereby made the duty of said Commissioners, in that event, to see that the titles to said additional real estate, when conveyed to the State of Georgia, are

Page 423

unencumbered, valid and complete, that the deeds conveying the same are properly executed and recorded, and that the said Mayor and Council give a sufficient, legal and binding obligation to open, lay out and keep up said street and side-walks, and remove said engine houses and obstructions, as hereinbefore provided. Said additional real estate shall then become a part of the grounds on which a Capitol shall be erected, and shall be the property of said State absolutely in fee simple. In [Illegible Text] of building a Capitol by said city. Streets and sidewalks to be opened, etc. Duties of Commissioners. 4. Resolved, That in case said Mayor and Council are unable or unwilling to convey to the State of Georgia, the additional real estate hereinbefore mentioned, and open said street and side-walks, and remove said buildings and obstructions as hereinbefore provided, it shall then be the duty of said Commissioners to ascertain in such manner as they may deem most expedient, what sum it would cost to build in the City of Atlanta a Capitol building as good as the old Capitol building at Milledgeville was, on said 17th day of September, 1877, and if the said Commissioners and the said Mayor and Council can agree upon the same, said Commissioners are hereby authorized and empowered to accept said sum in full satisfaction of said proposals to build a Capitol. In case said Commissioners and said Mayor and Council cannot agree upon said sum, the former are hereby authorized to select one competent person, and the latter one competent person, and the two thus selected shall select one other competent person, and the three persons thus chosen, after giving twenty days notice to said Commissioners and to said Mayor and Council, shall examine into all the facts and assess what sum in their judgment should be paid by the said Mayor and Council, in lieu of their proposal to build said Capitol, and the decision of said three persons, or a majority of them, shall be final, and whenever said sum has been ascertained in either manner herein prescribed, the same shall be paid into the Treasury of this State, and there remain till appropriated by law in part payment of the expenses of building a Capitol building. In event of failure to convey additional grounds, Commissioners to value old Capitol. 5. Resolved, That when the said Mayor and Council have conveyed the said City Hall lot, to the State, and have complied either with the terms of the foregoing third resolution, or the foregoing fourth resolution, the said Mayor and Council shall be deemed to have fully complied with the said proposals of the city of Atlanta hereinbefore copied. When city shall be deemed as having fully complied. 6. Resolved, That the said Mayor and Council may continue to use the buildings on said City Hall lot, and in case said additional real estate is conveyed to the State, may continue to use said streets included in the land represented by the foregoing diagram, as the same are now used, until the work of constructing a Capitol building is actually begun in pursuance of law. City Council may continue to use buildings. Approved August 15, 1879.

Page 424

EXCLUSION OF CERTAIN CLASS OF PATIENTS FROM LUNATIC ASYLUM. No. 11. Resolved, by the Senate and House of Representatives of Georgia, in General Assembly met, That the Superintendent of the Lunatic Asylum, be allowed to refuse to receive into the Institution all harmless idiots, and such other harmless subjects as do not actually require treatment in the Asylum, so long as there are any recent and dangerous cases unprovided for in the same; and that this discretionary power be granted to him until ample accommodations are made to receive within the Institution all persons, who, under the law, are entitled to admittance therein. Class of patients to be rejected by Superintendent. Approved August 15, 1879. REWARD FOR PERSONS FORGING GREAT SEAL OF STATE. No. 12. WHEREAS, public attention has been called to the fact that grants of land by the State of Georgia have been counterfeited and forged to a great extent; and whereas, great injury has resulted to a large number of the citizens of our State by the issuing of these forged grants, under a counterfeited seal of the State; and whereas, it is the duty of the State not only to protect her own citizens against direct injury from the frauds thus perpetrated, but to maintain her own credit and fair fame; therefore, Preamble. Resolved, by the Senate and House of Representatives, That his Excellency, the Governor, be, and he is hereby, authorized and requested to offer a suitable reward for the apprehension and imprisonment in any safe jail of this State, and for the furnishing proof for the conviction of any person feloniously implicated in such forgeries, and in the use of the counterfeits of the great Seal of the State. Reward for counterfeiter of Great Seal of State, etc. Approved August 11, 1879. REMOVAL OF SIGN FROM STATE CAPITOL No. 13. Resolved, That the Governor is hereby directed to employ some proper person to remove from the State House the odious sign, Kimball Opera House. Sign removed from State capitol. Approved August 14, 1879.

Page 425

PRESENTATION OF THE NAMES OF CRAWFORD W. LONG AND JAMES OGLETHORPE TO ART GALLERY AT WASHINGTON. No. 14. WHEREAS, It has been proposed that each State of the United States of America, should designate the names of two persons whose memories are to be perpetuated by likenesses in statuary, in the Art Gallery established, or to be established in Washington Citythe Federal Capital; and whereas, an[aelig]sthesia is the greatest boon ever conferred upon humanity, unless vaccination claims equal title to be so considered; and whereas, Crawford W. Long, M.D., a native of Georgia, and graduate of the University of the State, lately deceased, is the historic discoverer of anaesthesia, and the first man man to employ sulphuric ether as an an[aelig]sthetic agent in a surgical operation, on the 30th of March, 1842; and whereas, England recognized the labors of Jenner, and also bestowed a high honor of government upon Sir James Y. Simpson, in recognition of the great service he had rendered humanity by the introduction of chloroform which enlarged the domain of an[aelig]sthesia; and whereas, our Federal Republic should not allow the names of our discoverers and scientists to rest in obscurity; and the State of Georgia should especially cherish, with pride, the name and memory of her great discoverer: Preamble. Resolved by the General Assembly, That the name of Crawford W. Long, M.D., the historic discoverer of an[aelig]sthesia, be presented to the Art Gallery at Washington City, established, or to be established, to represent the State of Georgia. Name of Crawford W. Long, M. D., presented to Art Gallery at Washington City. Resolved, That the name of James Oglethorpe, the historic founder of the Commonwealth of Georgia, be also presented to said Gallery to represent the State. Resolved, That a copy of this preamble and resolutions be transmitted by the Governor to his Excellency, the President of the United States of America, with a request that he submit them to the Senate and House of Representatives of Congress on its next assemblage; and that another copy thereof be sent by the Governor to the proper officer in charge of said Art Gallery. Copy of Resolutions to be transmitted to President of U. S. Approved August 23, 1879.

Page 426

PAYMENT OF PER DIEM OF DECEASED MEMBERS OF GENERAL ASSEMBLY. No. 15. Joint Resolution authorizing the payment of the per diem, of certain deceased members of the House of Representatives and Senate. WHEREAS, The Hons. Robert A. Alston, of the county of DeKalb; S. Y. Jamison, of the county of Towns, and James M. Brannan, of the county of Bryan, late members of the House of Representatives, and Hon. Jacob C. Clements, late Senator of the 15th Senatorial District, having died during the session of the General Assembly, of which they were members, without having received the whole of their pay for the session as provided by law; therefore the General Assembly of the State of Georgia, do resolve: That the State Treasurer be authorized and directed to pay to the widow, and if no widow, to the children, of said Robert A. Alston, S. Y. Jamison, James M. Brannan, and Jacob C. Clements, respectively, the per diem due said deceased members for the whole session of the present General Assembly, as provided by law contained in Section 191, of the Code of 1873; and that a receipt of the person, or persons, to whom said amounts are paid, respectively, shall be a sufficient voucher for the State Treasurer therefor. Preamble. State Treasurer to pay unpaid balances to widows or children of deceased members. Approved August 28, 1879. PRINTING AND DISTRIBUTION OF COPIES OF ACT FOR SALE OF MACON AND BRUNSWICK RAILROAD. No. 16. Resolved by the Senate and House of Representatives of Georgia, in General Assembly met, That the Governor be, and he is hereby, authorized and required to have printed for distribution among parties who may desire it, three hundred copies of the Act providing for the lease or sale of the Macon and Brunswick Railroad. Act for lease, etc., of M. B. Railroad to be printed. Approved September 25, 1879. COLLECTION OF SPECIAL LIQUOR TAX. No. 17. WHEREAS, The record in the Comptroller General's office of the special liquor tax is unsatisfactory, and whereas, there are grave

Page 427

doubts whether this source of revenue has been properly collected and returned to the Comptroller-General for the years 1877, 1878 and 1879; be it, [Illegible Text] Preamble. Resolved, by the General Assembly, That the Comptroller General be instructed to issue a circular letter to each Ordinary, or such persons as are required by law to issue said licenses, in this State, instructing him to inform the Department as to the number of licenses to sell liquors he has issued, and to whom he has issued the same; also, that he be instructed to issue a similar letter to each Tax Collector in this State, inquiring from whom he has collected the liquor tax, how much he has so collected for each year above specified, and what disposition he has made of the funds so collected, and requiring them to remit any amount belonging to this fund to the Comptroller General at once. Duties of Comptroller General. Approved September 29, 1879. PETERSON THWEATT AUTHORIZED TO SUE THE STATE OF GEORGIA. No. 18. WHEREAS, Peterson Thweatt, former Comptroller of the State of Georgia, claims that the State of Georgia is due him the amount of six thousand two hundred and fifty dollars principal besides interest, for his salary as Comptroller General of the State of Georgia for the political years 1862, 1863, 1864 and 1865: and whereas, the said Peterson Thweatt desires to bring suit against the State of Georgia for the purpose of establishing and collecting his said alleged claim; and offers to give bond and security to the State to pay all cost and expenses of the suit should he be cast therein; Preamble. Therefore, be it resolved by the General Assembly of Georgia, That the said Peterson Thweatt be permitted to institute suit in the county of Fulton, against the State of Georgia, that he may, if he can do so, establish against the State his said alleged claim, and that such suit may be instituted on the following conditions: Before entering such suit, the said Peterson Thweatt shall enter into a bond, with at least two good and solvent securities, to be approved by the Governor, which bond shall be payable to the Governor, or his successor in office, and shall be conditioned to pay, in the event that he is cast in such suit, all the cost of said case, and also such amount for fees as the Governor may pay or contract to pay in defending such suit, should the Governor deem it necessary to employ council to aid the Attorney General in defending such suit. To sue State in Fulton Co. for said claim. Be it further resolved by the authority aforesaid, That the service of the declaration in the suit herein provided for, be served on the

Page 428

Governor of the State under the same rules that apply to serving declarations in ordinary law suits. Be it further resolved by the authority aforesaid, That the said Peterson [Illegible Text] shall not sue the State on any claim based on, or under any law or laws, that were passed during the late war between the States, either to obtain increased pay or other pay under said laws, for his services as Comptroller General. That said suit shall be tried at Fulton Superior Court in March or April next, unless continued under the rules of law governing continuances of cases. That the statute of limitations shall not be plead in said suit by the State's or plaintiff's attorney, and that the State of Georgia, and Peterson Thweatt, the party plaintiff, shall be bound by the issue of said case, with the full right on the part of the State to file a writ of error, or a move for a new trial, as usual. Any verdict the said Thweatt may obtain in his favor (if any be obtained), is hereby referred to the action of any future Legislature. Suithow limited. And be it further resolved by the authority aforesaid, That this resolution is not intended to have any greater effect in law than other joint resolutions, that have already passed, or may hereafter be passed, by the General Assembly, and that shall be signed by the Governor, where said resolutions were read only once or twice, in each House, and where the same passed without being required to have more than a majority of the members present, voting on their passage. Intended effect of this Resolution. Approved October 1, 1879. OPENING OF THE CHATTAHOOCHEE RIVER. No. 19. WHEREAS, The Chattahoochee river is one of the most important streams in the southeastern portion of the country, flowing as it does through large portions of three States, viz: Georgia, Alabama, and Florida, and draining one of the richest agricultural sections of the Union; and whereas, the opening of this river would directly benefit about four hundred thousand people who live along its banks; and whereas, according to the United States census of 1870, there was, at that time, $6,398,603 invested in manufactories, producing annually $9,166,465, while the production of farms amounted, according to the same authority, to $22,606,908; and whereas, the census shows $1,760,750 invested in cotton factories, twelve of which run 80,000 spindles; and whereas, besides the above, there are 240 merchant mills and 134 grist and saw mills, and many other workshops and factories located in the section referred to, and mostly situated immediately upon the Chattahoochee and its tributaries;

Page 429

and whereas, the great gold producing region of the United States, east of the Mississippi river, lies immediately along this river; and whereas, rich and valuable deposits of magnetic iron ore, and other ores and minerals of great value, are found in large sections of the country through which it flows; and whereas, the finest timber in great abundance is found along its whole length; and whereas, recent surveys, made by the United States government, demonstrate that this river can be made navigable for 700 miles from the Gulf of Mexico into the very heart of the country described, and that for a sum not exceeding one and a half million of dollars; and whereas, all this section is now without any adequate means of transportation; now, therefore, Preamble. Be it Resolved by the General Assembly of Georgia, That we deem the opening of the Chattahoochee a measure of the greatest importance to the State of Georgia, and to this end will use our most earnest efforts to secure an adequate appropriation from the general government for this purpose. Resolved, That our Senators and Representatives in Congress be requested to use their earnest efforts to secure an appropriation for this important work. Request to Senators and Representatives in Congress. Resolved, That we invite the co-operation of the States of Alabama and Florida with us in this matter, and that his Excellency, the Governor, be requested to send a copy of these resolutions to the Executives of these States, with the request that they lay them before their respective Legislatures. Co-operation of Alabama and Florida invited. Resolved, That a copy of these resolutions be sent to each of our Senators and Represenatives in Congress, and to the Senators and Representatives from Alabama and Florida. Copies forwarded. Approved October 2, 1879. MILEAGE OF MEMBERS AND CERTAIN OFFICERS FOR ADJOURNED SESSION. No. 20. WHEREAS, The present session of the Legislature, adjourned from the regular November session of 1878, was a necessity under the exigencies of the public business, and so declared by the General Assembly; therefore Preamble. Resolved, That mileage be paid the members of the General Assembly, the principal Door Keepers, and the Messengers thereof, coming to and returning from the Capital to attend the present adjourned session of the General Assembly, as is done at a regular session. Mileage allowed to members, etc. Approved October 13, 1879.

Page 430

APPROPRIATION TO PAY H. J. G. WILLIAMS. No. 21. WHEREAS, By an Executive order, bearing date June 1, 1869, E. J. Williams was authorized to transcribe certain numerical land books of the lottery of 1805, pertaining to the Executive Department, the same having been greatly mutilated by use and otherwise; and whereas, by reason of death the said E. J. Williams was debarred from executing said labor, whereupon H. J. G. Williams, father of said E. J. Williams, undertook and completed said transcript, being the counties of originally Wilkinson, embracing the present counties of Wilkinson, Twiggs, Laurens, Pulaski, Dodge, Telfair, and Montgomery; also, the county of originally Baldwin, embracing the present counties of Baldwin, Jones, Putnam, Jasper, Morgan, and a part of Bibb; also, the county of originally Appling, embracing the present counties of Appling, Coffee, Clinch, Echols, Ware, Charlton, and Pierce, together with the county of Wayne, and had the same bound in a neat and durable manner; and whereas, by the tenor of said Executive order, no amount was specified as compensation for transcribing said books, but the matter was submitted to the judgment and liberality of the General Assembly; for remedy whereof, Preamble. Be it enacted by the General Assembly of the State of Georgia, That the sum of six hundred dollars be, and the same is hereby, appropriated to pay H. J. G. Williams for the transcribing and binding said numerical land books, and that his Excellency, the Governor, is hereby authorized to draw his warrant upon the Treasury for said sum out of any money in said Treasury, not otherwise appropriated, to be paid to said Williams on his delivering said books to the Secretary of State, said amount of six hundred dollars to be in full payment for said work. Amount appropriated $600. Approved October 13, 1879. APPROPRIATION TO PAY COMMITTEE ATTENDING REMAINS OF HON. J. C. CLEMENTS. No. 22. WHEREAS, A joint committee of two Senators, to-wit: Hon. J. W. Staten and Hon. W. B. Folks, and three Representatives, to-wit: Hon, J. O. Farnell, Hon. E. P. Miller, and Hon. R. W. De Loach, were appointed to accompany the remains of the Hon. J. C. Clements, late Senator from the Fifteenth Senatorial District, to the county of Montgomery, Georgia; and whereas, the traveling expenses

Page 431

of the said committee amounts to the sum of thirty-eight dollars and sixty cents, divided as follows: Hon. J. W. Staten and Hon. W. B. Folks, each, the sum of nine dollars and twenty-five cents; Hon. J. O. Farnell, the sum of seven dollars and thirty cents; the Hon. E. P. Miller, the sum of four dollars, and Hon. R. W. De Loach, the sum of ten dollars and eighty cents; Preamble. Be it therefore Resolved by the Senate and House of Representatives of the State of Georgia in General Assembly met, That the sum of thirty-eight dollars and sixty cents be appropriated out of any money in the Treasury, not otherwise appropriated, to pay the expenses of the committee as aforesaid; and the Treasurer is authorized to pay the said sum of thirty-eight dollars and sixty cents as follows: to Hon. J. W. Staten and Hon. W. B. Folks, each, the sum of seven dollars and twenty-five cents; to the Hon. J. O. Farnell, the sum of nine dollars and thirty cents; to Hon. E. P. Miller, the sum of four dollars, and to the Hon. R. W. De Loach the sum of ten dollars and eighty cents. Appropriations to Joint Committee attending the remains of Hon. J. C. Clements. Approved October 14, 1879. GOVERNOR TO ISSUE FI. FAS. AGAINST STATE TREASURER AND HIS SURETIES. No. 23. WHEREAS, By the report of the special committee of the House of Representatives, on the investigation of the State Treasury, it is shown that J. W. Renfroe, the Treasurer, and John W. Murphy, V. R. Tommey, and B. J. Wilson, three of the sureties on his official bonds, have received and appropriated to their own private use and benefit the sum of $22,198.65 from the use of the money of the State in his hands as Treasurer, which facts were confessed by said J. W. Renfroe and established by evidence, both before said special committee and on the trial of the articles of impeachment against said Renfroe for high misdemeanors in office; and whereas, the conduct of said J. W. Renfroe in receiving himself and allowing his said sureties to receive said sums of money from the use of the public funds is illegal, corrupt, and in direct violation of the plain provisions of the Constitution; and whereas, said J. W. Renfroe, in violation of the high trust reposed in him, and to the manifest injury of the Treasury, did fail to make with the banks such contract for the use of the public funds as would be beneficial to the State, but did, on the contrary, unfaithfully and corruptly allow his said sureties to make contracts in reference thereto for their and his own private gain and benefit; and whereas, all interest or profit arising from the use of said funds rightfully belong to the State; and whereas, for each use of said funds by himself or his said sureties by his consent,

Page 432

said Treasurer became liable to the State for the sum of five hundred dollars as penalty, which said penalties, together with the sums so received by said Renfore and his sureties, should be paid into the Treasury; the General Assembly do therefore Preamble. Resolve, That his Excellency, the Governor, be, and he is hereby, requested, as he is authorized and required by law to do, to issue a fi. fa., or fi. fas., against said J. W. Renfroe, and the sureties on his bond of 1876 and 1877 for the sum or sums of money so received by them, or either of them, together with the penalties for which said J. W. Renfroe is liable, as provided by law for said use of the public funds, and to use all other legal remedies which may be found necessary for the speedy collection of all sums due the State by said Renfroe for violation of the laws prescribing his duty as Treasurer. Governor to issue fi. fas. [Illegible Text] Treasurer of State, etc. Resolved further, That in adopting this preamble and resolution it is not the intention of the General Assembly to reflect upon the judgment of the Court of Impeachment in which, by a minority of the Senate, the said John W. Renfroe was acquitted under constitutional forms (the Constitution requiring a two-thirds vote to convict), nor is it intended to reflect upon any Senator who voted for acquittal. Approved October 16, 1879. INSTRUCTIONS TO COMPTROLLER GENERAL. No. 24. WHEREAS, It is represented that grave irregularities existed in the Treasury and Comptroller General's offices during the terms of office of Messrs. Angier and Bell, and that during the terms aforesaid, large sums of money have been lost to the State; Preamble. Resolved, That the Comptroller General enter into a systematic investigation of the books, papers and vouchers of file, or otherwise to be had, relating to the official term of said Bell, and that he report his finding to the next session of the General Assembly. To investigate books, papers, etc. Resolved further, That said Comptroller General, in connection with the Treasurer, institute a like investigation of the official term of the said Angier, and likewise report their finding as aforesaid. Must report to next session of legislature. Approved October 16, 1879.

Page 433

GOVERNOR TO INVESTIGATE THE VALIDITY OF COUPONS OF [Illegible Text] M. B. R. R. R. BONDS. No. 25. Resolved by the House of Representatives, the Senate concurring, That his Excellency, the Governor, be, and is hereby, requested to investigate and ascertain what coupons, (if any) due on or before January 1, 1873, of the valid Macon and Brunswick Railroad bonds are now outstanding and unpaid; who are the holders of such coupon, and when and from whom they received the same, and whether the said coupons (if any exist) are valid and binding claims against the State, and if valid and binding claims, why they have not been paid; and that he be further requested to report the result of his investigation, with a statement of the facts developed, to the next General Assembly at its regular session. Coupons of M. B. R. R. Approved October 17, 1879. DISPOSITION OF ARTICLES IN OFFICE OF STATE GEOLOGIST. No. 26. Resolved, by the General Assembly of the State of Georgia, That his Excellency, the Governor, be, and is hereby, anthorized and directed to turn over to the Commissioner of Agriculture all specimens of ores, minerals, woods, and other specimens collected under the supervision of the Geological Department, together with all maps, field notes, reports, manuscripts, and books belonging to the said Geological Department, with instruction to the said Commissioner of Agriculture to preserve and keep on exhibition the same. Mineral collections, maps, etc. Resolved further, That his Excellency, the Governor, is hereby authorized and directed to order the sale of all chemicals, chemical apparatus, instruments, live stock, wagons and camp equipage now belonging to the said Geological Department, under such rules and regulations as he may deem proper; and the proceeds of such sale shall be paid into the Treasury of the State. Certain property to be sold. Resolved, The Commissioner of Agriculture be authorized to expend what may be necessary to carry out the objects of these resolutions, out of the appropriation now made to the Agricultural Department, not to exceed five hundred dollars. Object. Approved October 17, 1879.

Page 434

SECRETARY OF STATE TO DESTROY CERTAIN USELESS PAPERS. No. 27. WHEREAS, The accumulation of election returns in the Secretary of State's office during the last ten years has become so large that it is necessary that the same be destroyed; therefore, be it Resolved, That the Secretary of State be, and he is hereby, authorized to destroy, by burning, all the election returns now on file in his office, of the election of all officers who have served out the time for which they were elected; and be it further To destroy certain election returns. Resolved, That the Secretary of State, and his successors in office, be authorized to destroy, quadrennially, all returns of elections that are on file in his office of those officials whose term of office have expired. Approved October 18, 1879. STATE TREASURER TO PAY INTEREST DUE ON CERTAIN BONDS. No. 28. Joint Resolution authorizing the State Treasurer to pay interest due on certain bonds of this State, therein mentioned. WHEREAS, Certain bonds of this State, of five hundred dollars each, aggregating the sum of fifty thousand dollars, and issued on account of the Atlantic and Gulf Railroad, in August, 1859, and maturing on the first day of August, 1879, have no coupons attached thereto, representing the last six months interest due thereon; and whereas, it is stipulated in the face of said bonds, that they shall bear interest at the rate of six per centum per annum, payable semi-annually, until maturity; therefore, be it Preamble. Resolved by the General Assembly, That the State Treasurer be, and is hereby, authorized to pay the six months interest due on said bonds, for the six months ending with the maturity thereof, in the same manner as if coupons were attached to said bonds therefor; and that a receipt endorsed on each of said bonds by the holder thereof for the interest so paid, shall be a sufficient voucher for the Treasurer for the amount thereof. To pay interest on certain bonds of State. Approved October 18, 1879.

Page 435

INSTRUCTIONS TO THE COMPTROLLER-GENERAL AS TO WILD LAND FI. FAS. No. 29. Resolved by the House of Representatives, the Senate concurring, That the Comptroller General be instructed, by proper inquiries and investigations into all the sources of information accessible to him, to ascertain how much money has been so paid by such transferees of wild land fi. fas. to the Comptroller-General as tax; how much has been so paid, by such transferees as costs, also how much money has been received in said office of Comptroller-General from Sheriffs or others, as excess over tax and costs on fi. fas., against wild lands sent directly to said Sheriff's, under which fi. fas. sales were made by such Sheriffs, also how much money has been received in said office from Sheriffs or others, as excess over taxes and costs on transferred wild land fi. fas. under which sales by said Sheriffs were made; and also how much of each of said funds was paid into the State Treasury, and that said Comptroller General report the facts so ascertained to the next General Assembly, giving itemized statements showing names and dates, and all other details necessary to a full exhibition of the said matters. Comptroller general to make certain investigations. Approved October 20, 1879. MEMORIAL TO CONGRESS IN REFERENCE TO SAVANNAH RIVER. No. 30. WHEREAS, it appearing from a recent survey of the Savannah river that it can be made navigable for steamboats from the seaboard to the point where the Richmond and Atlanta Air-Line Railway crosses said stream, a distance of near two hundred miles above the city of Savannah, at a comparatively small cost, and believing that the opening out of said river will be of vast importance to the State of Georgia and South Carolina, as well as of great practical benefit to the United States, as furnishing a great commercial and military highway from the sea into the interior, as well as the means of greatly developing the resources of this whole section of country; therefore, Be it resolved by the Senate and House of Representatives of the State of Georgia, That our Senators and Representatives in Congress be requested to lay this matter before that body at an early day, and urge such measures to be taken by the general Government as will speedily accomplish the object in view. Improvement of Savannah river.

Page 436

Resolved further, That we respectfully ask of Congress a suitable appropriation for carrying out the recommendations of the Surveyor as to the opening of the Flint river above Bainbridge, and that copies of this resolution be transmitted by the Governor to each of the Representatives and Senators of the States of Georgia and South Carolina, in the Congress of the United States, with the request that such steps be taken as to insure the passage of a law and appropriation sufficient to carry out the objects of this resolution. Appropriation for [Illegible Text] river asked of congress. Approved October 20, 1879. REQUEST TO MEMBERS OF CONGRESS AS TO APPROPRIATION OF CERTAIN FUND TO UNIVERSITY AT ATLANTA. No. 31. WHEREAS, There is a large sum of money made up of unclaimed bounties of colored soldiers, now lying idle in the United States Treasury; and, Preamble. WHEREAS, It seems just and fitting that such money should be used to promote, in the most effective way, the interests of the race to which said soldiers belonged; and, WHEREAS, In the present condition of the race, no disposition of the money seems likely to be so directly and widely productive of good as its use in promoting their education; and, WHEREAS, The advantages of such contemplated disposition of the [Illegible Text] should be available to the largest number; and, WHEREAS, Georgia, by her situation in the midst of the region most densely populated by this race, and by her great railroad facilities, meets this condition; therefore, be it Resolved by the Senate and House of Representatives of Georgia, in General Assembly met, That the members of the Senate and House of Representatives of Congress, from Georgia, be respectfully requested to urge the early passage of such legislation as will secure a large portion of this fund to the Atlanta University, an institution already founded and aided by the Peabody Fund, and by the State of Georgia; be it Atlanta University. Resolved, That his Excellency, the Governor, be requested to forward a copy of this preamble and resolutions to one of the Senators and to one of the Representatives from Georgia, to be laid before their respective Houses. Copy to be forwarded. Approved October 20, 1879.

Page 437

CERTAIN DIRECTIONS TO PUBLIC PRINTER. No. 32. Resolved, by the General Assembly of Georgia, That the State Printer be, and he is hereby, required to print the laws and the journals of the Senate and House of Representatives in as compact a form as the rules will allow, and with light leading, and without unnecessary display; and the list of yeas and nays and the roll of members, wherever they occur in the journals, shall be set in solid form and in smaller type than the body of the journal, so as to occupy less space than heretofore used: Provided, that this shall not apply to work already done on the laws and journals of the present session. Manner of printing laws and journals, etc. Resolved, That the evidence taken by the Joint Committee of the General Assembly on the Northeastern Railroad Bond endorsem*nt be omitted from the printed journals of the November session, it having been improperly incorporated therein by the Public Printer. Evidence before bond committee not incorporated in journals. Resolved, That all questions as to the items for wear and tear of type and machinery, insurance, coal, engineer's service, State, county, or city taxes, charges for indexing the Senate and House journals, or like incidental expenses growing out of the public printing, so far as such items have heretofore been allowed to public printers, and so far as they may be heretofore claimed by the Public Printer now in office, be referred to his Excellency, the Governor, for such action as he may think the rights and interest of the State may require. Certain questions referred to discretion of governor Approved October 20, 1879. BARGE LINE FROM MOUTH OF ST. MARY'S TO MISSISSIPPI RIVER. No. 33. WHEREAS, the proposed Barge Line from the mouth of the St Mary's River, Georgia, to the Mississippi River is of national importance, and if completed will build up the commercial business of the State of Georgia, and make Georgia the great southern outlet for the grain and other products of the West and Northwest; and whereas, the necessity of a route of this character, by water transportation, has attracted such attention as to induce the partial survey of other routes as well as of this; and General Q. A. Gilmore, of the engineer corps, has made a report to the U. S. Senate in the year 1876, in which he compares the various routes,

Page 438

and states, that in all the elements needed to make a thoroughly successful system of water transportation from the West to the Atlantic coast, as well as in the elements of cost of construction, this route is to be preferred to all others; and whereas, the rapidly increasing production and population of the great grain growing States of the West, demands, and will force, the construction of this or some other canal at an early day, and Georgia, by reason of the peculiar conformation of her coast, the mildness of her climate, always free from ice and snow, the capacity of her two great harbors, Savannah and Brunswick, unsurpassed, if equalled, south of Fortress Monroe, is the true Atlantic terminus of such a canal; and whereas, the report of General Gilmore as to the feasibility of the route and as to its superiority to other routes has been fully sustained by a partial survey of the St. Mary's and Suwanee rivers and the Okefenokee Swamp made last year by a corps of competent engineers; and whereas, this route was also surveyed by the State of Georgia, in 1857, and has been zealously advocated by Colonel Raiford, for whom it has been named, by General Joseph E. Johnston, General McLaws and others, who have made it a matter of careful study and consideration: Preamble. Therefore, be it resolved by the Senate and House of Representatives in General Assembly met, That our Senators and Representatives in Congress be requested to lay this matter before Congress at its next session, and urge with their utmost zeal and ability the importance of immediately commencing and prosecuting to completion this truly national work. To lay matter before congress. Approved October 20, 1879. SIGNING OF BILLS AND RESOLUTIONS. No. 34. Resolved by the House of Representatives, the Senate concurring, That all Acts passed, and Joint Resolutions adopted, by the General Assembly of this State during the present session, and which shall receive the signatures of the President of the Senate, and Speaker of the House, at any time between the date of their passage or adoption, and the expiration of twenty-four hours next after the close of the session, shall be deemed to have been properly and lawfully signed by the presiding officers aforesaid. What Acts properly signed by presiding officers. Approved October 20, 1879.

Page 439

REMOVAL OF STATE LIBRARY. No. 35. WHEREAS, the books in the State Library are being badly damaged by mould, and otherwise, in the low and damp place where they are at present located, and should be removed as soon as possible, and whereas, such damage cannot accrue to any great extent, if at all, to the Agricultural and Geological Depository by reason of a change of location as hereinbelow indicated, therefore be it. Preamble Resolved by the Senate, the House Representatives concurring, That the governor be, and is hereby, requested to take such steps as may be necessary, at as early a date as practicable, to have the books, papers, etc., of the State Library removed to the apartments in the Capitol building at present occupied by the Department of Agriculture and the Department of Geology, and to have said Departments removed to the apartment at present occupied by the Library. State Library, removal of. Approved September 8, 1879. PRINCIPAL KEEPER OF PENITENTIARY REQUIRED TO FURNISH CONVICTS TO M. N. G. RAILROAD. No. 36. Resolved by the House of Representatives, the Senate concurring therein, That the Principal Keeper of the Penitentiary be, and he is hereby, instructed to furnish the Marietta and North Georgia Railroad Company two hundred and fifty convicts, (including the able-bodied convicts they already have), competent to labor on a railroad, whenever said company gives such bond as may be required by law (if the same has not already been given) said con victs to be worked by said railroad exclusively for the benefit of said railroad company as is provided under the Acts of 1876. And it shall be lawful for any person interested, natural or artifificial, by writ of mandamus or prohibition directed to said Principal Keeper to have any alleged right of such person adjudicated. [Illegible Text] principal keeper of required to furnish certain number of convicts to Marietta and N. G. R.R. Approved October 21, 1879.

Page 440

SALE OF PROPERTY WITHIN WALLS OF PENITENTIARY. No. 37. Resolred by the General Assembly, That the Principal Keeper of the Penitentiary be, and he is hereby, authorized to sell the personal property at Milledgeville in the walls of the Penitentiary, belonging to the State, and render an itemized account of the same to the Governor, and the amount realized turned over to the Treasurer of the State. Sale of personal property. Resolred further, That before selling said property referred to in the foregoing resolution, the Principal Keeper of the Penitentiary shall advertise the same once a week for four weeks, in a newspaper published in the city of Milledgeville, stating the day of sale, giving a full description of the property to be sold. Must advertise before sale Approved December 16, 1878. REPORT AND RESOLUTION ON ENDORsem*nT OF NORTHEASTERN RAILROAD BONDS. No. 38. To the Senate and House of Representatives: On the 7th day of November, 1878, his Excellency, the Governor of Georgia, laid before the General Assembly of the State, a special message asking of the Assembly a thorough investigation of his motives and conduct as the Executive of Georgia, in placing the State's endorsem*nt upon the bonds of the Northeastern Railroad Company. In response thereto, the General Assembly raised a Joint Committee of thirteen to make the investigation demanded, with instructions to report not only the conclusions at which it shall have arrived, but also the evidence on which the conclusions are based. The Committee having thoroughly investigated the whole matter, beg leave, in obedience to instructions, to submit the accompanying evidence and to report the following conclusions: In reference to the evidence submitted the Committee state that, as printed, it is as nearly correctly reported as possible, under the circ*mstances, which were rendered embarrassing by the severe and continued illness of the reporter first employed, and rendered more embarrassing by the fact that the first reporter used a short-hand system not familiar to any other reporter whom the Committee could procure. But the Committee state that to their knowledge no substantial fact or statement has been omitted from the report of said evidence. In order to arrive at the issues involved, the Governor was requested to specify the charges made against him in connection

Page 441

with his endorsem*nt of the Northeastern Railroad bonds, which (charges) induced the sending of his special message to the General Assembly. Report of joint committee to investigate motives of governor. To this request of the Committee he replied as follows: The nature of the charges is that I participated in a fee which was received by Mr. John W. Murphy, who, it is said, was employed to procure the endorsem*nt of the bonds. The nature of the charges coupled me with the fee that John W. Murphy received, and that it was the motive which controlled me in my endorsem*nt of the bonds. Your Committee, from the want of any evidence sustaining such charges, and from the mass of evidence disproving such charges, report this conclusion: That his Excellency deserves, at the hands of the General Assembly, complete vindication on the issues made by him, and specified above. Your Committee have unanimously concluded that his Excellency did not, in any way shape or form, participate in the fee received by Mr. John W. Murphy; that no offer of any such thing was made by any one to his Excellency; that said fee did not control his conduct in said endorsem*nt, and that, whether the act of endorsem*nt was legal or illegal, the motives of the Governor were pure. In closing this report, the Committee submit this resolution: Resolved, That the conclusions of this Committee be adopted as the sense of the General Assembly of Georgia. Adoption of report J. W. PRESTON, Chairman, H. R. CASEY, JOHN F. TROUTMAN, SAMUEL HAWKINS, ISAAC P. TYSON, Senate Committee. ALBERT H. Cox, Chairman, WM. M. HAMMOND, R. C. HUMBER, H. G. WRIGHT, JOHN I. HALL, W. J. NORTHERN, ALLEN FORT, ARTHUR H. GRAY, House Committee.

Page 443

INDEX TO PUBLIC LAWS. (For Index to Corporations see Part II of Index.) A. ABANDONMENT Of child by father 66 ACCESSORIES AFTER THE FACT Penalty 55 ADMINISTRATORS Sale of insolvent papers by 49 May redeem land sold for taxes 50 ADMINISTRATION AND GUARDIANSHIP Proof of 151 ADVERTISING Legal, regulated 81 AGENTS Of foreign Insurance Companies, liabilities of 168 ALLEYS In cities, how closed 174 ANIMALS Cruelty to 183 APPEALS In forma pauperis from Court of Ordinary 65 In and from Justice Courts 153 Fees of Justices in cases of 191 Certiorari, in cases of 142 APPROPRIATIONS For support of government in 1879-80 7 For Owen Smith 12 For physician of penitentiary 12 For Special Committee on Treasury 18 For Special Committee on Comptroller General's office 14 For Special Committee on office of prin. kp'r penitentiary 15 For joint wild land Committee 16 For lunatic asylum 17 For survey of line between Georgia and North Carolina 13 For contingent expenses of General Assembly 15 ARBITRATORS Choice of 166 ARSON

Page 444

Of gin-house 61 Of gin-house, reward for incendiary 165 ARTIFICIAL LIMBS For maimed soldiers 41 ASSIGNEES Bonds of 148 ATTACHMENTS For purchase money 48 ATTORNEY GENERAL Extra compensation not allowed 157 AUDITORS Compensation of 137 B. BAIL Defendant in case of, how released 144 In criminal cases 55 BAILIFFS Sales by 78 BANKS For failure to pay deposits, penalty 170 BONDS Of State, registration of 83 Of State, to pay maturing bonds 84 Of Treasurer of lunatic asylum 87 Of cities and towns 85 Of counties, municipalities, etc. 40 New, for lost or mutilated 57 Of assignees 148 Forfeiture of, in criminal cases 57 BURGLARY Penalty for 65 BURNING Woods 63 Gin-house 61 C. CATTLE Diseased, driving of in healthy districts 173 CERTIORARI In appeal cases in Justice Courts 142 CHAIN-GANG Organization of 167 CHARGE OF COURT Request to charge 150 To grand juries as to convicts 141 CHARIERS Of private corporations 58 Of schools, churches, etc 62

Page 445

Of libraries 166 Of other corporations 172 CITIZEN Liberty of in bail cases 144 CLAIMS Trial of, in Justice Courts 67 CLERK SUPERIOR COURT Fees for certificate to Notaries Public 80 CLERK HOUSE OF REPRESENTATIVES Salary of 185 CODE AMENDMENTS OF Section 4373Abandonment of child by father 66 4310Accessories after the fact, penalty 55 3623Appeals from Court of Ordinary, in forma pauperis 65 3293Attachments for purchase money 48 4747Bail in criminal cases 55 951-952-953Bonds and coupons lost or mutilated 57 4379Burning gin-house, penalty 61 1458Burning woods, penalty 63 4387-4388-4386Burglary 65 4159Claims, trial of in Justice Courts 67 1676Corporations, private 58 1677Corporations, religious and educational 62 2758 to 2772Court contracts 55 4045Dower, assignment of 68 1730Divorced persons disabilities of, how removed 51 1416Dentists, registration of 70 1832Guardians may cultivate for ward 69 2042-2043Homestead survey of 69 2971Homicide of husband or father, recovery for 59 4441Hunting on enclosed land 52 2842-2844Insurance Companies, capital of 71 3408Insurance Companies, venue of 54 2558Insolvent papers, sale of by Administrators 49 4692Joint defendants, how tried 59 279Judges of County Courts, appointments of 71 281Judges of County Courts, salary of 51 1978Landlord's liens 47 4411Larceny from the person 56 3962Mortgage on tract of land in two counties 50 4323Murder, penalty for 60 4637Prisoners' Statement 53 2971Recovery for homicide of husband or father 59 898Redemption of land sold for taxes 50 655Road Commissioners may resign 67 611Road hands 48 64Sales under fi. fas. in favor of the State 69 1646Solicitors General, fees of 49

Page 446

4637Statement of prisoner 53 4370Shooting at another, penalty 63 4141Summons in Justice Courts 53 2970Torts, prosecution for 57 4528Weapons at public places, officers may carry 64 3845Witnesses non-resident, how paid 47 3845Witnesses non resident how paid 66 1458Woods, burning 63 COMMON CARRIERS May sell unclaimed freight 177 COMPTROLLER GENERAL Suspension of 30 Authorized to administer oaths 180 Shall cancel license of Insurance Companies 44 CORPORATIONS Private 58 Religious and educational 62 Literary, charitable or social 166 How created by courts 172 CONSTITUTIONACTS IN PURSUANCE OF Artificial limbs for maimed soldiers 41 Bonds of counties and municipalitieshow issued 40 Comptroller Generalsuspension of 30 County Courtsjurisdiction, etc. 132 County lineshow changed 42 County siteshow changed 44 Disqualified caseshow tried 28 Exemption from taxation of certain property 32 Homesteadshow set apart, etc. 99 Iusurance companiesreports of to Governor 43 Judge in disqualified caseshow selected 28 Jury boxrevision of 27 Jurors, grand and traversehow selected 34 Jurors, grand and traversehow selected 35 Jurors, grand and traversehow selected 36 Jurors, for city courtshow drawn 35 Justice court, jurisdiction and terms of 31 Liquor, sale or distribution of on election days 29 Lobbying, defined, penalty for 29 Public money, use of prohibited 32 Public money, use of prohibited 33 Public printing, how let 37 Treasurer of the State, suspension of 30 COUNTY LINES How changed 42 COUNTY OFFICERS Bailiffs, sales by 77 Clerks Superior Courts, fees of 80 Constables, sales by 77

Page 447

Coroners, fees of 73 Ordinaries, fees of 77 Legal advertising, duty as to 80 Shall not speculate in county orders 79 Tax Collectors, return of special taxes 80 Tax Collectors, insolvent list of, how allowed 180 Tax Collectors, when ex-officio Sheriffs 76 Tax Receiver and Collectoroffices separated 76 Tax Receiver and Collector shall return liquor dealers 78 Tax Receiver and Collectorfees of 25 COUNTY SITES How changed 44 COUNTY SOLICITORS Fees of 136 COURT CONTRACTS Jurisdiction, as to 55 COURTS City, Judges of, not to hold other city office 137 County, jurisdiction of, etc. 132 County, Judges, appointment of 71 County, Judges, salary of 51 Justices, jurisdiction of, etc 31 Justices, appeals in 153 Justices, certiorari in appeal cases 142 Police may fine and imprison 153 Superior, two or more judges of, may preside in bank 149 Supreme, terms of 138 Supreme, practice in 151 Supreme, Reports, how published, etc. 158 Supreme Reports to be furnished certain counties 164 CRUELTY To children 162 To animals 183 D. DEPOSITORIES State, established 88 DENTISTS Registration of 70 DISQUALIFIED CASES Judges in, how selected 28 DIVORCED PERSONS Disabilities of, how removed 51 DOWER Assignment of, etc. 68 DRAINAGE System of, established by counties 171

Page 448

E. EDUCATIONAL Middle Georgia Military and Agricultural College 91 Middle Georgia Military and Agricultural CollegeTrustees of 95 Public schools, reports of teachers 92 Public school fund, how distributed 96 University of Georgia, additional Trustees 95 University of Georgia, Normal school added 93 University of Georgia, Branches at Cuthbert and Thomasville 97 EXEMPTION Of certain property from taxation 32 Of certain persons from jury duty 171 F. FEES Of Clerks of Superior Courts 80 Of Coroners 73 Of Justices of the Peace and Notaries Public 191 Of Ordinaries 77 Of Tax Collectors and Receivers 26 FENCES Of wire, made lawful 165 FI. FAS. Must be docketed 143 FINES AND FORFETTURES How paid and distributed 189 FISCAL YEAR Change of 178 FISH For passage of, unobstructed streams 176 FREIGHTS AND TARIFFS Regulation of 125 G. GOVERNOR Vacancies in office of, how filled 173 No official shall attempt to influence 175 GUARDIANS May farm on ward's account 69 H. HOMESTEAD Of 1877, how set apart, etc. 99 Survey of 69 HOMICIDE OF HUSBAND OR FATHER Recovery for by wife or children 59 HUNTING Illegal on enclosed land 52

Page 449

I. ILLEGAL VOTING Penalty for 157 IMMIGRATION Encouragement of 161 INJUNCTIONS To restrain sales by sheriffs 139 INSOLVENT LISTS OF TAX COLLECTORS How allowed 181 INSURANCE AGENTS Of foreign companies 168 INSURANCE COMPANIES Reports of 43 Capital of 71 Vanue of 54 INSOLVENT PAPERS Sale of by administrators 49 INTEREST Rate of prescribed 184 INTRUDERS Counter affidavits 145 J. JOINT DEFENDANTS How tried 59 JUDGE IN DISQUALIFIED CASES How selected 28 JUDGES OF SUPERIOR COURT Two or more may preside in Bank 149 JUDGES OF COUNTY COURTS Appointment of 71 Salary of 51 JUDGE OF CITY COURT Not to hold other city office 137 JURY BOX Revision of 27 JURIES How stricken 145 JURORS Grand and traverse, how selected 34 Grand and traverse, how selected 35 Grand and traverse, how selected 36 Pay of 190 Pay of in Justice courts 190 For City Courts how drawn 35 JUSTICE COURTS Jurisdiction and terms of 31 Appeals in and from 153 Certiorari in appeal cases 142

Page 450

L. LAND Ceded to United States 179 Sold for taxes, how redeemed 50 LARCENY From the person 56 LAWS Distribution of 179 LIENS Of landlords how foreclosed 47 Of transferred tax fi fas 181 LIQUOR Sale and distribution of on election days 29 LOBBYING Defined, and penalty prescribed 29 LOCAL LEGISLATION Notice of application for 176 LUNATIC ASYLUM One Trustee a physician 170 Appropriation for 17 Bond of Treasurer of 87 M. MACON AND BRUNSWICK RAILROAD Lease or sale of 115 Lease or sale of 121 Lessees, agents of the State 122 Suits [Illegible Text] 123 MILITARY Volunteers, how organized 103 State Flag 114 MORTGAGE On tract of land in two counties 50 Record of 139 Chattel, foreclosure of 152 MURDER Penalty, how commuted 60 N. NEW TRIAL How recorded 138 O. OBSCENE LITERATURE Suppression of 163

Page 451

P. PRISONERS STATEMENT Effect of 53 PUBLIC MONEY Use of prohibited 32 Use of prohibited 33 PUBLIC PRINTING How let 37 PUBLIC BUILDINGS, BRIDGES, ETC. How let 159 R. RAILROADS Unfinished, purchasers of 167 Freights and passenger tariffs 125 RECOUPMENT Recovery on plea of 147 ROAD COMMISSIONERS May resign 67 ROAD HANDS Duty of 48 RIVERS Open to passage of fish 176 Toccoa, a navigable stream 187 Savannah, improvement of 187 S. SALES Under fi. fas. in favor of State 69 Of perishable property 143 Of Trust property 140 By Sheriff, how enjoined 139 SECRETARY OF SENATE Salary of 185 SHOOTING AT ANOTHER Penalty 63 SOLICITOR GENERAL Fees of 49 STATE LINE Between Georgia and North Carolina 182 STATEMENT OF PRISONER Effect of 53 SUMMONS IN JUSTICE COURTS When returnable 53 SUPERIOR COURTS Two or more Judges of, may preside in bank 149 Judges of, must charge grand juries as to convicts 141 Requests to charge 150

Page 452

SUPREME COURT Terms of 138 Practice in 151 Reports, how published, etc 158 Reports to be furnished certain counties 164 Reporter of, salary 158 T. TAX COLLECTOR ex-officto Sheriff 76 Returns of special taxes by 80 TAX RECEIVERS AND COLLECTORS Offices of, separated 76 Fees of 25 TAXES For support of government 20 Tenants liable for, how returned 25 Receivers and Collectors of, fees of 25 Insolvent tax lists 180 Executions for, transfers of, recorded 181 TORTS Prosectuion for 57 TREASURER OF THE STATE Suspension of 30 Use of public money by 32 TRUST PROPERTY How sold 140 U. UNIVERSITY State, four additional Trustees 95 State, branches of 97 State, branches of 91 State, branches of 95 State Normal school added 93 V. VENUE As to Insurance Companies 54 W. WARRANTS vs. Intruders, etc., counter-affidavit 145 WEAPONS At public places, officers may carry 64 WIFE Witness vs. Husband 66 WILLS Foreign, probate of 146

Page 453

WITNESSES Non-resident, how paid 47 Non-resident, how paid 66 WOODS Firing, penalty for 63 PART II. BANKS AND INSURANCE COMPANIES Augusta Savings Bank incorporated 196 197 Bank of Augustacapital stock reduced 208 Stonewall Insurance Company of Augusta incorporated 198 201 Mutual Insurance Company of Augusta incorporated 201 202 American Guarantee Association incorporated 205 208 National Mercantile Debt Assurance Company incorporated 202 205 Savannah Trust and Safe Deposit Company incorporated 209 212 Charter of Georgia Banking and Trust Company amended 197 198 MANUFACTURING COMPANIES Charter of Cherokee Iron Company amended 213 214 Cumming Manufacturing Company may borrow money 214 RAILROAD COMPANIES. Upson County RailroadTaxes settled, etc. 215 216 Macon and Augusta Railroad Company, relief of 219 Louisville Branch Railroad Company, charter amended 216 217 Cincinnati Southern Railroad, right-of-way for 218 Louisville Branch Railroad Company, charter amended 220 Athens Transfer Railroad Company, incorporated 220 222 Lawrenceville Branch Railroad Company, charter amended 222 223 Cartersville and Van Wert R. R. Company, charter amended 223 Thomasville Railroad Company, incorporated 223 224 Dahlonega Air-Line Railroad Company, incorporated 224 226 Waycross and Florida Railroad Company, incorporated 227 228 Carnesvile Railroad Company, incorporated 228 230 Hartwell Railroad Company, incorporated 230 232 Rome Street and City Park Railroad Company, incorporated 233 235 Barnard and Anderson Street R. R. Company, incorporated 235 236 Gate City Street Railroad Company, incorporated 236 237 STEAMBOAT COMPANIES Oconee River Steamboat Company, incorporated 238 239 The Canal Steamboat Company incorporated 241 242 Skidaway Narrow's Canal Company incorporated 239 241 Hutchinson Island Canal Company incorporated 242 243 TELEGRAPH AND TELEPHONE COMPANIES Brunswick and St. Simon's Telegraph Co. incorporated 244 245 Dublin Telegraph Company incorporated 247 248 National Bell Telephone Company incorporated 245 247

Page 455

INDEX OF LOCAL LAWS. C. COUNTY COURTS Of Bartow and Washington counties abolished 368 Of Dodge county re-established 373 Of Dooly, Campbell, Floyd, Rockdale and Clarke counties abolished 372 373 Of Coweta county, Justices and Bailiffs 369 Of Putnam county, Judge, election of 371 Of Pulaski county, Solicitor for 370 COUNTY OFFICERS Ordinary of Fulton county, Abstract of Titles 334 Ordinary of Clarke county may issue Bonds 346 347 Ordinary of Jackson county may issue Bonds 353 355 Ordinary of Washington county, compensation of 364 Ordinary of Milton county may borrow money 365 Commissioners for Putnam county 334 336 Commissioners for Forsyth county 337 Commissioners for [Illegible Text] counties abolished 338 Commissioners for Coweta county, Moore's Bridge 338 339 Commissioners for Cobb, Dooly, Henry and Telfair counties 340 343 Commissioners of Bibb county, election expenses 343 Commissioners of Bibb county may purchase property, etc. 344 345 Commissioners of Bibb county, Wiley Turnpike 357 Commissioners of Floyd, Berrien, Effingham, etc. 344 Commissioners of Gwinnett county 345 346 Commissioners of Decatur county, may issue Bonds 347 348 Commissioners of Paulding county abolished 349 Commissioners of Emanuel, Marion and Johnson counties 350 353 Commissioners of Newton county, extra tax 358 Commissioners of Monroe county 359 360 Commissioners of Houston county may purchase property 360 361 Commissioners of Taylor county 361 363 Commissioners of Ware county abolished 367 Commissioners of Mitchell county, pay of 363 364 Commissioners of Crawford county 366 367 Clerk Superior Court and Sheriff of Brooks county, fees of 332 Clerk of Superior and City Courts of Chatham county 333 Clerk of Superior Court and Treasurer of Paulding county 353 Tax Collector, Receiver and Treasurer of Calhoun county 340

Page 456

Tax Receiver, Collector and School Commissioner, of Forsyth co. 350 Tax Collector, Receiver and Treasurer of Clay county 349 Tax Receiver and Collector of Laurens county 355 Tax Receiver and Collector of Cherokee county 355 356 Treasurer of Richmond county 356 Treasurer of Pulaski county 359 Sheriff of Cobb countypowers abridged 348 Sheriff of Wayne countybond reduced 366 Board of Education of Whitfield county 356 357 Grand juries for Pulaski county 358 Certain offices of Calhoun county separated 365 366 G. GAME Protection of in Houston county 376 Protection of in Bibb county 374 375 Protection of in Thomas county 378 379 Protection of Fish in Telfair county 375 Fishing on another's land in Tatnall county 377 Protection of David Dickson's fish 378 Game law of Jones county 376 377 L. LIQUORS Sale of in Tatnall county regulated 381 Sale of in Bulloch county regulated 381 382 Sale of in Pierce county regulated 382 383 Sale of in Dodge county regulated 383 384 Sale of in Wayne, Liberty, Coffee and Appling regulated 388 389 Sale of in McDuffie county prohibited 380 Sale of in certain localities prohibited 384 385 Sale of in Morgan county prohibited 386 387 Sale of in Irwin county prohibited 388 Sale of in parts of Rockdale county prohibited 389 Act relating to sale of in Muscogee county repealed 386 M. MISCELLANEOUS Arnett Bridge Company 395 396 Toll rates of bridge at Fort Gaines 401 Tax of Jackson county, extra 396 Dougherty countymay issue bonds 397 398 Traffic in corn and seed cottonThomas county 399 400 Traffic in seed cottonLee county 400 Depredation of hogsMorgan county 402 Registration of voters[Illegible Text] county 402 Registration of votersMitchell county 401 Registration of votersCamden county 410 411 School system of Lowndes county 400

Page 457

Public schools in Dodge county 403 Jury-box of Harris countyrevision of 405 Jurors, fees ofMacon county 411 412 Ohoopee river fund 403 404 Insolvent costsRichmond county 405 406 Insolvent costsTaylor county 404 405 County-siteWilcox county 409 Court-houseFulton county 412 413 Relief of B. F. Mathews 406 407 Relief of J. L. Fleming 407 Relief of L. D. Matthews 408 409 MUNICIPAL CORPORATIONS Charter of Atlanta amended 252 253 Charter of Atlanta amended 254 Charter of Atlanta amended 255 257 Salary of Judge City Court Atlanta 281 Governor to convey State property to Atlanta 301 Charter of South Rome amended 258 Charter of Rome amended 272 273 Corporate limits of Forrestville diminished 276 Limits of Savannah extended 276 277 Savannah may build aqueduct 306 307 Police Commissioners of Augusta 311 313 Mayor of Augusta as Recorder 313 Registered voters of Augusta to be published 313 314 Sinking Fund of Augusta 314 Board of Health of Augusta 314 315 Athens may build cisterns 281 282 City Court of Clarke countyat Athens 291 300 Charter of Carrollton amended 258 259 Sale of liquor regulated in Whitesburg, Carroll county 304 Charter of Marietta amended 260 263 Powers of Darien enlarged 263 265 Charter of Thomasville amended 265 266 Town of Bellton incorporated 266 268 Charter of Oxford amended 268 Charter of Forsyth amended 269 Charter of Riddleville amended 270 272 Charter of Senoia amended 273 276 Charter of Social Circle amended 277 281 Macon may issue bonds 282 286 West Pointpublic schools of 286 287 West Pointelections in 315 Cartersvillepublic schools of 287 290 Bainbridgepublic schools of 301 303 Crawfordvillesale of [Illegible Text] in 304 305 Thomsonsale of liquor in 305 Sharpsburgsale of liquor in 306 GainesvilleCriminal Court abolished 308

Page 158

Charter of Milledgeville amended 308 309 Maysville incorporated 309 310 Charter of Waycross amended 311 City of Eatonton incorporated 315 320 Charter of Eastman amended 321 Charter of Talbotton amended 321 City of Albany, corporate limits enlarged 322 R. ROAD LAW Amended as to Johnson county 390 Amended as to DeKalb county 393 394 Amended as to Effingham county 390 392 Convicts of Falton countyhow worked on roads and streets 392 393 S. SUPERIOR COURTS Terms of Fayette Superior Court changed 323 Terms of Houston Superior Court changed 324 Terms of Mitchell Superior Court changed 325 Terms of Clinch Superior Court changed 326 Terms of Douglas Superior Court changed 326 Terms of Washington Superior Court changed 327 Terms of Henry Superior Court changed 328 Spring term of Milton Superior Court changed 327 Fall term of Superior Court of Union and Towns changed 328 Fall term of Superior Court of Lumpkin and Dawson chg'd 329 330 Terms of Superior Court of certain counties changed 324 325 Terms of Superior Court of certain counties fixed 329

Page 159

RESOLUTIONS. RESOLUTIONS Accepting proposition of AtlantaCapitol Building 421 423 Appointment of Wild Land Committee 416 417 Appropriation to H. J. G. Williams 430 Appropriation to Committee attending remains of Hon. J. C. Clements 430 431 Approving action of Congress on Public Schools 418 419 Authorizing publication of the laws by C. H. Williams 419 Barge line from St. Mary's river to Mississippi river 437 438 Claim against Alatama 418 Collection of special liquor tax 426 427 Convicts for Marietta and North Georgia Railroad Company 439 Directions to Public Priater 437 Disposition of articles in Geological Bureau 433 Endorsem*nt of Bonds of V. E. R. R. Company 420 Exclusion of certain patients from Lunatic Asylum 424 Governor to investigate certain coupons of M. B. Railroad 433 Instructions to Comptroller General 432 Instructions to Comptroller General 435 Lessees of State Convicts 417 418 Memorial to CongressImprovement Savannah river 435 436 Mileage for adjourned session 429 Opening Chattahoochee river 428 429 Pay of deceased members 426 Peterson ThweattMay sue the State 427 428 Presentation to Art Gallery at Washington, D. C. 425 Printing, etc.Act to lease, etc., M. B. Railroad 426 Proposals of Atlanta as to Capitol. 421 Recess of General Assembly 420 Removal of State Library 439 Removal of sign from Capitol 424 Report and resolution on endorsem*nt of N. E. R. R. bonds 440 441 Requesting Governor to issue certain fi. fas. 431 432 Reward for forgers of Great Seal of State 424 Sale of property in walls of Penitentiary 440 Secretary of State to destroy certain papers 434 Signing of bills and resolutions 438 State Treasurer to pay interest on certain bonds 434 University of Atlanta, appropriation requested of Congress 436 Wild lands and transfer of fi. fas. 416

Acts and resolutions of the General Assembly of the state of Georgia. 1878-79 [volume 1] (2024)

References

Top Articles
Latest Posts
Article information

Author: Manual Maggio

Last Updated:

Views: 6519

Rating: 4.9 / 5 (69 voted)

Reviews: 84% of readers found this page helpful

Author information

Name: Manual Maggio

Birthday: 1998-01-20

Address: 359 Kelvin Stream, Lake Eldonview, MT 33517-1242

Phone: +577037762465

Job: Product Hospitality Supervisor

Hobby: Gardening, Web surfing, Video gaming, Amateur radio, Flag Football, Reading, Table tennis

Introduction: My name is Manual Maggio, I am a thankful, tender, adventurous, delightful, fantastic, proud, graceful person who loves writing and wants to share my knowledge and understanding with you.