Full text of "The code of the State of Georgia : adopted August 15, 1910"

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THE UNIVERSITY OF GEORGIA 
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UNIVERSITY OF GEORGIA LAW LIBRARY 



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THE CODE 



OF THE 



STATE OF GEORGIA 



ADOPTED AUGUST 15 
1910 



PREPARED BY 

JOHN L. HOPKINS 



VOL. I 



ATLANTA, GEORGIA 

FOOTE & DAVIES COMPANY 

Printers and Binders 

1911 






Copyright, 1911, by 
THE STATE OF GEORGIA 



PREFACE. 



HISTORY OF THE VARIOUS CODIFICATIONS 
OF THE LAWS OF GEORGIA. 

Code of 1863. By an Act of the General Assembly, which was 
approved December 9, 1858, provision was made for the election 
of three commissioners "to prepare for the people of Georgia a 
Code, which should, as near as practicable, embrace, in a condensed 
form, the laws of Georgia, whether derived from the common law, 
the Constitution, the Statutes of the State, the decisions of the 
Supreme Court, or the Statutes of England of force in this State." 
(Acts 1858, p. 95.) David Irwin, Herschel V. Johnson, and Iverson 
L. Harris were elected commissioners. Messrs. Johnson and Harris 
declined to serve, and Gov. Brown supplied the vacancies by the 
appointment of Thos. R. R. Cobb and Richard H. Clark, who were 
also elected by the Legislature at 'its session next after they were 
appointed. The Commissioners construed the Act as requiring ' ' a 
Code which should embody the great fundamental principles of 
our jurisprudence, from whatever source derived,, together with 
such legislative enactments of the State as the wants and circum- 
stances of our people had from time to time shown to be neces- 
sary and proper." And thus construing the Act, "the Commission- 
ers entered upon the discharge of their duties, seeking not only to 
condense and arrange the verbose and. somewhat chaotic mass of 
the Statutes of Georgia, but also to interweave therewith those great 
leading principles of jurisprudence necessary to fill out and make 
perfect the body of our laws of which the Statutes constituted but 
disjointed parts." (Preface to Code of 1863.) 

A joint legislative committee was appointed to revise and fully 
examine the work of the Commissioners. That committee reported 
favorably upon the work and recommended "the legislative sanc- 
tion and adoption of it as 'The Code of Georgia.' " By the Act 
of December 19, 1860, it was "adopted as the Code of Georgia, to 
be of force and take effect on the first day of January, 1862." (Acts 
1860, p. 24.) By the Act of 1861 (Acts 1861, p. 28), the time was 

iii 



iv PREFACE. 



extended so as to take effect January 1, 1863. It was ratified by 
the Constitution of 1865. (Irwin's Code, §4984.) 

Code of 1865. David Irwin prepared a revised edition, and he 
petitioned the Legislature to appoint a committee to examine his 
work (Acts 1865-6, p. 315). A committee of three lawyers were 
appointed by the Governor to make the examination. By a Resolu- 
tion of the General Assembly (Acts 1866, p. 223), the Governor 
was directed, if the committee reported in favor of the correctness 
and fidelity of the work, to subscribe for a sufficient number of 
copies for the use of the State. 

This revised edition was ratified by the Constitution of 1868. 
(See Irwin's Code, §5228.) 

Code of 1872. David Irwin, George N. Lester, and Walter B. Hill 
prepared a second revised edition. By the Resolution of August 
26, 1872 (Acts 1872, p. 524), the Governor was directed to submit 
the book to the Attorney-General for examination, and if he reported 
favorably, the Governor was authorized to subscribe for such number 
of copies as were necessary for the use of the State. Attorney- 
General N. J. Hammond made the examination and reported that 
"the revision has been faithfully and well performed, and that it is 
accurate and thorough." 

Code of 1882. George N. Lester, C. Rowell, and "Walter B. Hill 
prepared a third revised edition. They were authorized by a 
Resolution of the General Assembly to submit their work to the 
Attorney-General for examination (Acts 1880-1, p. 676). Attorney- 
General Clifford Anderson made the examination and reported fa- 
vorably to the work. Messrs. Lester, Rowell, and Hill were author- 
ized to publish the book, and the Governor was directed to subscribe 
for a number of copies sufficient for the use of the State. 

Code of 1895. By an Act approved December 19, 1893, the Gov- 
ernor, Chief Justice, and the Associate Justices of the Supreme Court 
were directed to appoint three citizens, learned in the law, to codify 
the laws of the State. The commissioners were "to codify and 
arrange in systematic and condensed form the laws now in force 
in Georgia, from whatever source derived, following the general 
plan and system of the Code of 1863, and subsequent revised editions 
thereof." (Acts 1893, p. 119.) 

In exercising the appointing power thus conferred, W. J. 
Northen, Governor, L. E. Bleckley, Chief Justice, T. J. Simmons, 
Associate Justice, and Samuel Lumpkin, Associate Justice, ap- 



PREFACE. 



pointed John L. Hopkins, Clifford Anderson, and Joseph R. Lamar, 
to codify the laws (Preface to Code of 1895). By a Resolution of 
the General Assembly, a joint committee of three from the Senate, 
and five from the House, were appointed to carefully examine the 
work of the commissioners and report the result of their examina- 
tion to the next session of the General Assembly. The committee 
was composed of H. A. Jenkins, D. G. Fogarty, R. T. Fouche, A. G. 
McCurry, and J. H. Pitman, on part of the House, and M. G. Boyd, 
Trammell Starr, and W. W. Sheppard on part of the Senate. The 
committee reported favorably to the work of the Code Commission- 
ers, and, by an Act approved December 19, 1895, it was "adopted 
and made of force as the Code of Georgia." (Acts 1895, p. 95.) 



nMHiiinnniinnHI 



PBEFACE. 



Vll 



PREFACE TO THIS CODE. 



CODE COMMISSION CREATED. 

An Act to create a Commission to examine and report upon a new 
Code of Georgia, codified by John L. Hopkins, to prescribe the 
duties of said commission, and to fill vacancies therein, to pro- 
vide for the expense and compensation of the commissioners, to 
prescribe the duties of the Governor in connection with said 
Code, to provide for compensation to said John L. Hopkins for the 
work, to make appropriations for the purposes of this Act, and 
for other purposes. 

Section 1. Be it enacted by the General Assembly of the State 
of Georgia, and it is hereby enacted by authority of the same, That 
a Commission consisting of five members is hereby created, to con- 
sist of three members of the present House, to be appointed by the 
Speaker, and two members of the Senate, to be appointed by the 
President thereof; each of said commissioners shall receive as com- 
pensation, in addition to his actual expenses, the same per diem 
allowed to members of the General Assembly, for each day occupied 
in discharging his duties under this Act ; and upon a presentation 
of a statement of his expenses and number of days so employed, the 
Governor is authorized to draw his warrant in favor of such com- 
missioner upon the Treasurer for the amount necessary to pay the 
same. Vacancies occurring in said Commission shall be promptly 
filled by the Governor, from members of the Senate and House, 
according as the respective vacancies may occur. 

Sec. 2. Be it further enacted, That it shall be the duty of said 
Commission to carefully examine a new Code of Georgia codified and 
to be codified by John L. Hopkins, and upon being satisfied that 
said Code embraces all the law in the present three volumes of the 
Code of 1895 not repealed and still of force together with all the 
Acts and amendments since enacted, including the Acts of the pres- 
ent session of the Assembly, properly arranged and with the Sections 
properly numbered, and all marginal references to Acts or decisions 
and cognate Sections which may be proper, and the Constitution 




viii PREFACE. 



of the United States and of the State of Georgia and all amend- 
ments thereto, the rules of the Supreme Court, the Court of Appeals, 
and the Superior Court, with a complete index to said Code, the 
Commission shall so certify to the Governor, who shall thereupon 
draw his warrant upon the Treasurer in favor of John L. Hopkins 
for the sum of $6,500.00, Avhich shall be compensation for all his 
services in making said Code and for the right to said work on the 
part of the State, and the Commission shall deliver the Code with 
its report to the Governor, to be submitted to the next session of 
the General Assembly. 

Sec. 3. Be it further enacted by the authority aforesaid, That 
all laws and parts of laws in conflict with this Act be, and the same 
are, hereby repealed. 



Approved August 14, 1909. 



PREFACE. ix 



REPORT OF THE NEW CODE COMMISSION. 

To His Excellency, Joseph M. Brown, Governor : 

We, the undersigned Commission, appointed in pursuance of an 
Act of the General Assembly approved August 14, 1909, to examine 
and report on a new Code of Georgia, codified by Hon. John L. 
Hopkins, submit the following report : 

Since the last session of the General Assembly we have met in 
the Capitol in Atlanta from time to time and have reviewed with 
Judge Hopkins the entire work done by him in codifying the laws 
of Georgia, as provided for in the above Act, and after completing 
this work we beg to report that we believe the work to be as com- 
plete and accurate as it has been painstaking and careful. 

We have examined the Code of 1895 and noted every proposed 
addition to this Code, and in every part proposed to be omitted, 
and when additions were made, we examined with Judge Hopkins 
the Act from which said additions were proposed, and in every 
case we examined the authority for the proposed omissions from 
the Code of 1895. In this manner we are satisfied that all the laws 
of a general nature now of force in Georgia are included, and that 
all laws of a general nature which have been repealed or which 
have been declared unconstitutional or have been clearly super- 
seded have been properly omitted. 

We also report that the work of arranging the different sections, 
placing the new laws in their appropriate places, under their proper 
titles, and the renumbering of the sections, has been satisfactorily 
done. 

This Commission approves the arrangement proposed by Judge 
Hopkins by which the Code will be published in two volumes, the 
first volume to contain the political and civil laws, together with 
the Code of civil practice, the rules of courts, and the Federal and 
State Constitutions ; the second volume to contain the penal laws, 
and the laws of procedure in criminal cases, together with the laws 
governing the working and control of convicts, the laws pertaining 
to the public defense, and the pension laws. 



PREFACE. 



We, therefore, certify that we have carefully examined a new 
Code of Georgia, codified by Hon. John L. Hopkins, and are satis- 
fied that said Code embraces all the general laws of a permanent 
nature in the present three volumes of the Code of 1895, not repealed 
and still of force, together with all the general Acts and amend- 
ments of a permanent nature since enacted, including the Ads of 
the session of the General Assembly of 1909, properly arranged and 
with the sections properly numbered, and all appropriate marginal 
references to Acts, decisions, and cognate sections, and the Consti- 
tution of the United States, and of the State of Georgia, and all 
amendments thereto, the rules of the Supreme Court, the Court 
of Appeals, and the Superior Court, with a complete index to 
said Code ; and we hereby deliver said Code with this report to 
Your Excellency. 

Atlanta, Ga., June 15th, 1910. 

H. A. MATHEWS, 
W. H. BURWELL, 

Commissioners on the part of the Senate. 

W. F. BROWN, 

A. A. LAWRENCE, 

W. R. JONES, 
Commissioners on the part of the House of Representatives. 



PREFACE. xi 



ADOPTING ACT. 

An Act to adopt and make of force the Code of Laws prepared by 
John L. Hopkins and certified to the Governor by the Commission 
appointed as provided by the Act of the General Assembly, ap- 
proved August 14, 1909, to provide for the printing and publica- 
tion of the same, and for other purposes. 

Section 1. Be it enacted by the General Assembly of the State 
of Georgia, That the Code of Laws prepared by John L. Hopkins 
and examined and certified to and delivered to the Governor by the 
Commission created by Act of the General Assembly, approved 
August 14, 1909, be and the same is hereby adopted and made of 
force as the Code of Georgia. 

Sec. 2. Be it further enacted by the authority aforesaid, That 
said Code shall be printed and published in two volumes. The 
first volume shall contain the laws relating to political and public 
organization of the State, the Civil Code, the Code of Practice, the 
rules of the Supreme Court, the Court of Appeals, and the Superior 
Courts, and the Constitution of the State, and of the United States. 
The second volume shall contain the penal laws, the laws in regard 
to the employment of convicts, the military laws and the pension 
laws. There shall be a separate index for each volume. 

Sec. 3. Be it further enacted by the authority aforesaid, That 
the Governor, the Comptroller-General, and the Attorney-General 
be authorized and they are hereby directed to contract for, and 
procure, the printing and binding of ten thousand copies of said 
Code. They shall have the work done on the best terms they can 
get for the State, giving special consideration to the reliability and 
punctuality of the contractor, the cost and character of the work, 
and its completion at an early date. They shall have authority to 
employ some competent person to read the proofs as the forms are 
set up, to insure accuracy in the publication of the work. 

Sec. 4. Be it further enacted by the authority aforesaid, That 
the Governor have the Code copyrighted for the benefit of the 
State. 

Sec. 5. Be it further enacted by the authority aforesaid, That 
the Librarian shall sell said Code for cash at actual cost to the 



xii PREFACE. 



State and deposit the money thus received each day in the State 
Treasury ; but the Librarian shall not sell said Code to any person 
who desires the same for resale or for speculation. 

Sec. 6. Be it further enacted by the authority aforesaid, That 
the sum of $30,000.00 or so much thereof as may be needed, be 
and the same is hereby appropriated to pay for the publication 
and binding of said Code, and other expenses incident thereto, 
which shall be paid on warrants drawn by the Governor, specifying 
for what such payment is made. 

Sec. 7. Be it further enacted by the authority aforesaid, That 
all laws in conflict with this Act be and the same are hereby re- 
pealed, except those laws passed during the session of the General 
Assembly of 1910. 

Approved August 15th, 1910. 



REVISED CODE OF GEORGIA 



CONTENTS. 



PRELIMINARY PROVISIONS. §§1-15. 



THE POLITICAL CODE. 



The Political and Public Organization of the State. 



FIRST TITLE. 
Divisions; Of the Boundary, Sovereignty and Jurisdiction of the State. §§16-33. 

United States over certain land 
§§25-30. 



Chapter 1. The boundary of the State. 
§§16-20. 

Chapter 2. The sovereignty and jurisdic- 
tion of the State. §§21-24. 

Chapter 3. Jurisdiction ceded to the 



Chapter 4. Counties. §§31, 32. 
Chapter 5. Congressional districts. §33. 



SECOND TITLE. 



Elections by the People. §§34-138. 



Chapter 1. Qualification of voters. §§34,35. 
Chapter 2. Registration of voters. §§36-75. 

Article 1. Voters' book, when to be 
opened and closed, when taxes shall 
be paid. §§36-39. 

Article 2. Method of registering on vo- 
ters' book. §§40-47. 

Article 3. Lists from voters' book and 
tax defaulters furnished registrars. 
§§48-51. 



Article 4. County registrars, appoint- 
ment and oath. §§52-54. 

Article 5. List of registered voters, 
who entitled to vote. §§55-61. 

Article 6. Hearing before registrars. 
§§62-66. 

Article 7. List of voters furnished elec- 
tion-managers. §67. 

Article 8. Ballots, by whom and where 
cast. §§68-71. 



xm. 



XIV 



CONTENTS. 



SECOND TITLE 
Article 9. Lists returned by managers. 

§72. 

Article 10. Payment of tax-collectors, 

registrars, etc. §73. 
Article 11. Inspection of lists and books. 
§§74, 75. 
Chapter 3. Elections for members of the 
General Assembly. §§76-93. 
Article 1. Managers of election; quali- 
fications and oath. §§76-78. 
Article 2. Election precincts. §79. 

Article 3. Elections; when, where, and 
how held. §§80-82. 

Article 4. Penalty for managers' default. 
§§83,84. 

Article 5. Examination of election pa- 
pers by grand jury. §85. 

Article 6. Election blanks. §§86-88. 

Article 7. Voters' freedom from arrest. 
§89. 

Article 8. Elections to fill vacancies. 
§§90,91. 

Article 9. Campaign expenses. §§92, 93. 



Continued. 

Chapter 4. Elections for Governor, mem- 
bers of Congress, electors for Presi- 
dent and Vice-President, treasurer, 
comptroller-general, attorney-general, 
and commissioner of agriculture. 
§§94-109. 
Article 1. Provisions applicable to all. 

§94. 
Article 2. For Governor. §§95,96. 
Article 3. For members of Congress. 

§§97-102. 
Article 4. For presidential electors. 
§§103-109. 
Chapter 5. For ordinary and county of- 
ficers. §§110-114. 
Chapter 6. For justices of the peace and 

constables. §§115-120. 
Chapter 7. Contested elections. §§121-126. 
Article 1. In cases where Governor 

commissions. §§121-123. 
Article 2. Election of member of Gen- 
eral Assembly. §124. 
Article 3. Other contested elections. 

§125. 
Article 4. Election not set aside for 
formal defects, when. §126. 
Chapter 8. Primary elections. §§127-138 



THIRD TITLE. 



Of the Executive Department. §§139-257. 



Chapter 1. The Governor. §§139-204. 
Article 1. Inauguration and oath. §§139, 

140. 
Article 2. Commander-in-chief, duty in 

case of insurrection. §§141, 142. 
Article 3. Appointment of commissioner 

of deeds. §143. 
Article 4. Commissions what officers. 

§144. 
Article 5. Duty as to property of State. 

§§145-149. 
Article 6. Property purchased, when. 

§§150-154. 
Article 7. Appointments and vacancies. 

§§155-159. 
Article 8. Suspension of treasurer or 

comptroller. §§160, 161. 
Article 9. Collection of taxes, when sus- 
pended. §162. 
Article 10. Warrants on treasury. §163. 



Article 11. Records to be kept in Ex- 
ecutive office. §164. 
Article 12. Executive seal. §165. 
Article 13. The Executive office and 

residence of the Governor. §166. 
Article 14. Governor's messenger and 

State-house guard. §§167-171. " 
Article 15. Of the State librarian, and 
distribution of laws. §§172-189. 
Section 1. Librarian and his duties, 
salaries of assistants. §§172-177. 
Section 2. Distribution of books. §178. 
Section 3. Catalogue; official annual 
reports filed with librarian. 
§§179-181. 
Section 4. Printing and distribution 

of Georgia Reports. §§182-187. 
Section 5. Supervision and removal 
by Governor. §§188,189. 



CONTENTS. 



xv 



THIRD TITLE. — Continued. 



Article 16. Printing and distribution of 
laws and other documents. §§190- 
204. . 

Section 1. Distribution of laws and 
journals to county officers. §§190- 
194. 

Section 2. Librarian as exchange of- 
ficer. §§195-198. 

Section 3. Reserved copies. §199. 

Section 4. Acts of Congress, how dis- 
tributed. §200. 

Section 5. Books furnished Univer- 
sity of Georgia. §201. 

Section 6. Counties, how supplied 
with Georgia Reports. §§202-204. 
Chapter 2. The secretary of State, treas- 
urer, comptroller-general, and attor- 
ney-general. §§205-257. 
Article 1. Of the secretary of State. 
§§205-214. 

Section 1. Election, bond, and com- 
pensation. §§205-209. 

Section 2. Duties of secretary of 
State. §§210-212. 

Section 3. Great seal of the State, 
and its custody. §213. 

Section 4. Duties of surveyor-general 
imposed on secretary of State. 
§214. 
Article 2. Of the State treasurer. 
§§215-234. 

Section 1. Election and rights. §§215, 
216. 

Section 2. Approval, lien, and record 
of treasurer's bond. §§217-220. 

Section 3. New bond required, when. 
§221. 



Section 4. Suspension of treasurer. 
§§222,223. 

Section 5. Execution against securi- 
ties. §224. 

Section 6. Resignation or default of 
treasurer. §§225,226. 

Section 7. Offices, fees, and clerk. 
§227. 

Section 8. Duties of treasurer. §228. 

Section 9. Bond-book and fiscal year. 
§§229-231. 

S-ection 10. Bond Commissioners. 
§§232-234. 

Article 3. Of the comptroller-general. 
§§235-252. 
Section 1. Election, bond, and rights. 

§§235-237. 
Section 2. Duties of the comptroller. 

§238. 
Section 3. Wild lands. §§239,240. 

Section 4. Annual report of comptrol- 
ler to Governor. §z41. 

Section 5. Authority of comptroller. 
§§242,243. 

Section 6. Records of bonds, war- 
rants, and appropriations. §§244, 
245. 

Section 7. Seal, copies of records, and 
clerks. §§246-250. 

Section 8. Settlement with successor. 
§251. 

Section 9. Report to General Assem- 
bly. §252. 
Article 4. Of the attorney-general. 
§§253-257. 



FOURTH TITLE. 



General Regulations as to All Officers and Offices. §§258-330. 



Chapter 1. Of eligibility, qualifications, 
and commissions of officers, and va- 
cation of offices. §§258-268. 
Article 1. Eligibility and qualification. 

§§258-261. 

Article 2. How commissioned. §§262, 
263. 



Article 3. Vacancies. §§264,265. 
Article 4. Resignations. §§266, 267. 

Article 5. Annual reports and fiscal 
year. §268. 

Chapter 2. Official oaths. §§269-277. 

Chapter 3. Official bonds and sureties 
thereon. §§278-302. 



XVI 



CONTENTS. 



FOURTH TITLE.— Continued. 



Article 1. Execution and approval. 

§§278-280. 
Article 2. Sureties on bonds. §§281-283. 
Article 3. Power of attorney. §284. 
Article 4. Filing official bonds. §§285- 

290. 
Article 5. Bonds; how far, and for what, 

binding. §291. 
Article 6. Bonds to be recorded. §§292, 
■ 293. 
Article 7. Bond of deputy. §§294, 295. 
Article 8. Satisfaction and discharge of 

bonds. §§29G, 297. 
Article 9. Informalities do not vitiate 

bonds. §293. 
Article 10. Measure of damages on 

bonds. §299. 
Article 11. Provisions applicable to all 

official bonds. §300. 



Article 12. Sureties, how relieved. 
§§301, 302. 
Chapter 4. Powers of public officers lim- 
ited. §303. 
Chapter 5. Of delivery of books and prop- 
erty to successors. §§304-309. 
Chapter 0. Inventory annually to be 
made. §§310-315. 

Chapter 7. Salaries and fees of officers. 
§§316-330. 

Article 1. Executive officers. §§316-318. 

Article 2. Officers appointed by Gov- 
ernor. §319. 

Article 3. Officers of the State Sani- 
torium. §320. 

Article 4. Legislative officers. §321. 

Article 5. Officers connected with the 
judicial department. §§322-330. 



FIFTH TITLE. 



Legislative Department. §§331-372. 



Chapter 1. Of the General Assembly. 
§§331-357. 

Article 1. Annual session and organiza- 
tion. §§331-337. 

Article 2. Doorkeeper and messenger. 
§338. 

Article 3. Subletting offices forbidden; 
other officers. §§339-343. 

Article 4. Appropriation bills. §§344, 
345. 

Article 5. Finance committee's report. 
§346. 

Article 6. Suspension of comptroller or 
treasurer. §347. 



Article 7. Unfinished business, en- 
grossed bills, etc. §§348-350. 
Article 8. Pay of members. §§351-355. 
Article 9. Resolutions appropriating 

money. §356. 
Article 10. Local bills and notice 
thereof. §357. 
Chapter 2. Secretary of Senate and clerk 

of the House. §§358-367. 
Chapter 3. Elections by the General As- 
sembly. §§368-372. 
Article 1. For United States Senators. 

§§368-371. 
Article 2. For other officers. §372. 



SIXTH TITLE. 



County Organization. §§373-855. 



Chapter 1. Militia districts. §§373-382. 
Article 1. Defined. §§373-375. 
Article 2. New militia districts, how 
laid out, consolidated, or abolished. 
§§376-382. 
Chapter 2. Incorporation of counties, 
county contracts, property and 
claims. §§383-439. 



Article 1. Counties are corporate bod- 
ies. §383. 

Article 2. Suits against counties. 
§§384,385. 

Article 3. Contracts, how made by 
counties, competition in bidding. 
§§386-394. 

Article 4. County property. §§395-398. 



CONTENTS. 



xvii 



SIXTH TITLE 
Article 5. 'County buildings, care and 
inspection thereof, supplies for 
county offices. §§399-409. 
Article G. Claims against counties. 

§§410-412. 
Article 7. Annual reports of county of- 
ficers. §§413-415. 
Article 8. County auditors and expert 

accountants. §§416-418. 
Article 9. Bridges between counties. 

§§419-423. 
Article 10. Bridges in wnich United 
States and other States are inter- 
ested, and navigable streams. 
§§424-427. 
Article 11. Intercounty improvements. 

§§428-431. 
Article 12. Systems of county drain- 
age. §§432-439. 
Chapter 3. County and municipal bonds 
and debts. §§440-467. 
Article 1. Election on issue of bonds. 

§§440-444. 
Article 2. Bonds, how validated. §§445- 

462. 
Article 3. Debts other than a bonded 
debt. §§463-467. 
Chapter 4. Change of county lines. §§468- 

471. 
Chapter 5. Settling disputed county lines, 
and defining certain lines. §§472-485. 
Chapter 6. Change of county sites; 
courts, where held; offices, where 
kept. §§486-503. 

Chapter 7. County revenue. §§504-540. 
Article i. From taxation. §§504-528. 
Section 1. Special and extra tax. 

§§504-507. 
Section 2. Tax for county purposes, 
generally; how levied. §§508-512. 
Section 3. Purposes for which county 

tax may be assessed. §513. 
Section 4. Assessment and collection 

of taxes. §§514-526. 
Section 5. Proceedings against de- 
faulting tax-collectors and treas- 
urers. §§527,528. 
Article 2. From licenses and other 
sources than taxation. §§529-540. 
Chapter 8. County poor. §§541-563. 



-Continued. 
Article 1. Jurisdiction of ordinary. 

§§541-546. 
Article 2. Relief of poor Confederate 

soldiers. §§547-549. 
Article 3. Commissioner of the poor and 

his duty. §§550-552. 
Article 4. Paupers. §§553-562. 
Article 5. Homes for indigent old 
women. §563. 
Chapter 9. County officers. §§564-615. 
Article 1. County treasurer. §§564-590. 
Section 1. Election and oath. §§564- 

570. 
Section 2. Bond of county treasurer 

and its lien. §§571-573. 
Section 3. Duty of county treasurer. 

§§574-578. 
Section 4. County orders. §§579-584. 
Section 5. Proceedings against de- 
faulting treasurer. §585. 
Section 6. Final settlement, fees and 
salaries. §§586-590. 
Article 2. County surveyor and his fees. 
§§591-608. 
Section 1. Election, oath, and bond. 

§§591-597. 
Section 2. Duties and fees of county 
surveyor. §§598-608. 
Article 3. Coroners. §§609-615. 
Chapter 10. Notaries public. §§616-625. 
Chapter 11. Commissioners of roads and 
revenues. Salaries and vacancies in 
office. §§626, 627. 
Chapter 12. Roads, bridges, ferries, turn- 
pikes, causeways, crossings, etc. 
§§628-828. 
Article 1. Public roads. §§628-693. 
Section 1. Classification of roads and 

districts. §§628-635. 
Section 2. Public road register. 

§§636-639. 
rSection 3. Roads; how laid out, al- 
tered, or discontinued. §§640-646. 
Section 4. Work on public roads. 

§§647-661. 
Section 5. Apportionment of roads. 

§§662-666. 
Section 6. Proceedings against de- 
faulters. §§667-671. 
Section 7. Duty of overseers; mile- 
posts; signboards, etc. §§672-676. 



XV111 



CONTENTS. 



SIXTH TITLE 
Section 8. Duty of railroads as to 

roads. §677. 
Section 9. Damages, how assessed. 

§§678-689. 
Section 10. Overseer's neglect; pro- 
ceedings against raiLoads and 
others for obstructions, etc. 
§§(S90-693. 
Article 2 Alternative road law. §§694- 

704 
Articlj 3. Alternative "four days" road 

law. §§705-711. 
Article 4. Alternative road law in cer- 
tain counties. §§712-719. 
Article 5. Road duties and commutation 
tax in certain counties. §§720-723. 
Article 6. Commissioners of public 
roads. §§724-738. 
Section 1. Appointment and obliga- 
tion to serve. §§724-728. 
Section 2. Duty of road commission- 
ers. §§729,730. 
rSection 3. Proceedings against road 

commissioners. §§731-735. 
Section 4. Roads, how assigned; dis- 
charge of commissioner. §§736- 
738. 



. — Continued. 

Article 7. Inspection of roads and 

bridges. §§739-743. 
Article 8. Bridges, ferries, turnpikes, 
and causeways. §§744-781. 
Section 1. Classification. §§744,745. 
Section 2. Jurisdiction of ordinary. 

§§746,747. 
Section 3. Contractor's liability and 

bond. §§748-754. 
Section 4. Bridges and ferries be- 
tween different counties. §§755- 
757. 
Section 5. Private ferries and 

bridges; tolls, etc. §§758-768. 
Section 6. Liability for detention, de- 
fective bridge, excessive toll, etc. 
§§769-777. 
Section 7. Right of way; grants, how 
construed. §§778-781. 
Article 9. Turnpike companies. §§782- 

794. 
Article 10. Rights of way for persons 

engaged in mining. §§795-803. 
Article 11. Tramroads. §§804-806. 
Article 12. Private ways. §§807-828. 
Chapter 13. Organization of new coun- 
ties. §§829-848. 
Chapter 14. County police. §§849-855. 



SEVENTH TITLE. 



Municipal Corporations. §§856-913. 



Chapter 1. Corporate courts and penal- 
ties. §§856-861. 
Article 1. Police courts. §856. 
Article 2. Punishment of offenders. 
§§857-861. 
Chapter 2. Municipal taxation. §§862-885. 
Article 1. Assessors. §§862,863. 
Article 2. Limitations on cities' right of 

taxation. §§864-868. 
Article 3. Assessment for street and 
other improvements. §§869-871. 

Article 4. Taxation of railroads by cit- 
ies. §§872-875. 

Article 5. Garnishment and interest on 
tax executions. §§87b-878. 



Article 6. Sales for municipal taxes and 

redemption of property sold. 

§§879-885. 

Chapter 3. Power of municipality and its 

officers. §§886-904. 

Article 1. Councilmen incompetent to 

hold other office. §886. 
Article 2. Cities as trustees. §§887-891. 
Article 3. Limitation on powers of city 

and its officers. §§892-901. 
Article 4. Streets neglected; duty of 

justice. §902. 
Article 5. Citizens as jurors. §903. 
Article 6. Licenses to pawnbrokers. 
§904. 
Chapter 4. Funding bonded debt of munic- 
ipalities. §§905-908. 



CONTENTS. 



xix 



SEVENTH TITLE.— Continued 

Chapter 5. Census of cities. §909. 
Chapter 6. Demand before suit. §910. 
Chapter 7. City marshal, how ruled, and 
proceeds of sales. §§911,912. 



Chapter 8. Election of officers in certain 
cities. §913. 



EIGHTH TITLE. 



Public Revenue. §§914-1262. 



Chapter 1. Taxation. §§914-1041. 
Article 1. Ad valorem, specific, and oc- 
cupation taxes. §§914-993. 
Article 2. Exemptions from specific and 

occupation taxes. §§994-997. 
Article 3. Exemption of property. 

§§998-1001. 
Article 4. Persons and property subject 

to taxation. §§1002-1018. 
Article 5. Franchises, how taxed. 

§§1019-1030. 
Article 6. State tax on railroads. 

§§1031-1035. 
Article 7. County taxation of railroads. 
§§1030-1041. ' 
Chapter 2. Taxes, how returned and col- 
lected. §§1042-1180. 
Article 1. Returns to comptroller-gen- 
eral. §§1042-1063. 
Section 1. Returns and payment, how 

made. §§1042-1044. 
Section 2. Arbitration of differences. 

§§1045,1046. 
Section 3. Returns of insurance com- 
panies. §§1047-1049. 
Section 4. Returns to comptroller; as- 
sessments in case of difference. 
§§1050-1054. 
Section 5. Proceedings in case of no 
returns; collection by comptrol- 
ler. §§1055-1063. 
Article 2. Returns to receiver of tax re- 
turns. §§1064-1116. 
Section 1. What is to be returned. 

§§1064-1069. 
Section 2. Wild lands, etc. §§1070- 

1074. 
rSection 3. Returns, when and to 
whom made; duty of receiver of 
returns. §§1075-1086. 
Section 4. Form of tax returns. 
§§1087-1090. 



Section 5. Oath of taxpayer. §§1091, 

1092. 
Section 6. Blanks, lists, and digests. 

§§1093-1096. 
Section 7. Assessment or arbitration 

in case of insufficient return. 

§§1097-1100. 
Section 8. Overpayment and mis- 
takes, how corrected. §§1101- 

1104. 
Section 9. Double tax, when collected. 

§§li05, 1106. 
Section 10. Relief from double tax. 

§§1107-1111. 
Section 11. Liability of agents of non- 
residents. §1112. 
Section 12. Taxes of former years. 

§1113. 
Section 13. Estates of decedents not 

liable, when. §1114. 
Section 14. Liability of tax officers to 

third parties. §1115. 
Section 15. Colored taxpayers' re- 
turns. §1116. 
Article 3. List of insolvents and default- 
ers. §§1117-1131. 
Section 1. Insolvent lists. §§1117- 

1128. 
Section 2. Record of tax defaulters. 

§§1129-1131. 
Article 4. Duty of comptroller as to de- 
linquent taxpayers. §§1132-1139. 
Article 5. Tax fi. fas. and sales. §§1140- 
1180. 
Section 1. Lien of tax fi. fas. §§1140- 

1143. 
Section 2. Interest on tax fi. fas. 

§1144. 
Section 3. Transfer of tax fi. fas. 

§§1145,1146. 
Section 4. Dormancy of tax fi. fas. 

§§1147, 1148. 



XX 



CONTENTS. 



EIGHTH TITLE 

Section 5. Alias tax fi. fas. §§1149, 

1150. 
Section 6. Tax executions, when and 

by whom issued. §§1151-1153. 
Section 7. Garnishment on tax fi. fas. 

§§1154,1155. 
Section 8. Insolvent tax fi. fas. to be 

levied. §§1156, 1157. 
Section 9. Tax fi. fas., on what levied. 

§1158. 
Section 10. Claims, how interposed. 

§§1159,1160. 
Section 11. Costs and fees. §§1161, 

1162. 
Seciion 12. No judicial interference. 

§1163. 
Section 13. Levy and sale under tax fi. 

fas. §§1164-1167. 
Section 14. Execution in rem, and sale 

thereunder. §1168. 
Section 15. Redemption of property 

sold for taxes. §§1169-1173. 
Section 16. Tax fi. fas. levied in any 

county. §1174. 
rSection 17. Surplus at tax sale; tax 

deeds. §§1175,1176. 
Section 18. Purchaser's right to pos- 
session. §1177. 
Section 19. Purchase by counties at 
tax sales. §§1178-1180. 
Chapter 3. Delinquent tax receivers and 
collectors. §§1181-1245. 
Article 1. Penalty for incomplete, im- 
proper, or useless digest. §§1181- 
1183. 
Article 2. Execution against defaulting 
receiver or collector and sureties. 
§§1184-1191. 
Article 3. Bond and oath to be filed be- 
fore qualification. §§1192, 1193. 
Article 4. Tax-receivers. §§1194-1203. 



-Continued. 

Section 1. Election and liability. 
§§1194-1196. 

Section 2. Duties of tax-receiver. 
§1197. 

Section 3. Examination and correc- 
tion of returns by grand jury. 
§§1198-1201. 

Secuon 4. Tax-receiver's compensa- 
tion. §§1202, 1203. 
Article 5. Tax-collectors. §§1204-1233. 

Section 1. Election and oath. §§1204- 
1206. 

Section 2. Tax-collectors' bonds. 
§§1207-1210. 

Section 3. Tax-collectors' duties. 
§§1211-1217. 

Section 4. Report to grand jury and 
comptroller. §§1218,1219. 

Section 5. Bonds of collectors in cer- 
tain counties. §1220. 

Section 6. Weekly reports in such 
counties. §§1221-1224. 

Section 7. Collector, when ex-officio 
sheriff. §§0,225-1227. 

Section 8. Execution-docket, receipt, 
and stub-book. §§1228-1233. 
Article 6. Compensation of collectors 

and receivers. §§1234, 1235. 
Article 7. Miscellaneous provisions, 
§§1236-1245. 

Section 1. Comptroller to make rules. 
§§1236-1238. 

Section 2. Suit on bonds. §1239. 

Section 3. Tax-receiver and tax-col- 
lector to be different persons. 
§1240. 

Section 4. Record and lien of tax offi- 
cers' bonds. §§1241-1245. 
Chapter 4. Revenue from other sources. 

§§1246-1248. 
Chapter 5. State depositories. §§1249- 

1262. 



NINTH TITLE. 
Public Debt. §§1263-1280. 



Chapter 1- Public debt. §§1263-1280. 



CONTENTS. 



xxi 



TENTH TITLE. 
Public Property. § §1281-1302. 



Chapter 1. Public buildings. §§1281-1284. 

Chapter 2. Land owned by the State. 

§1285. 

Chapter 3. Stock owned by the State. 
§1286. 



Chapter 4. The Western and Atlantic 
Railroad and its government. §§1287- 
1336. 

Chapter 5. Public printing. §§1337-1345. 

Chapter 6. Publication of Georgia Reports. 
§§1346-1362. 



ELEVENTH TITLE. 



Education. §§1363-1570. 



institutes. §§1399- 



for the Blind. 



§§1432- 
§§1432- 



schools. 



Chapter 1. The University of Georgia and 
its organization. §§1363-1400. 
Article 1. The University of Georgia. 

§§1^63-1396. 
Article 2. Branches of the University. 

§§1397-1398. 
Article 3. Farmers' 
1400. 
Chapter 2. Academy 

§§1401-1415. 
Chapter 3. Academy for the Deaf and 

Dumb. §§1416-1431. 
Chapter 4. Public school system. 
1565. 
Article 1. Common 
1477. 
Section 1. State 
§§1432-1436. 
Section 2. School book commission. 

§§1437-1465. 
Section 3. State school commissioner, 
his powers and duties. §§1466- 
1477. 
Article 2. County organization. §§1478- 
1488. 
Section 1. County boards. §§1478- 

1483. 
iection 2. Control of school property, 

length of terms. §1484. 
Section 3. School courts. §1485. 
Section 4. Taxation for school build- 
ings. §§1486-1488. 
Article 3. County school commissioner. 
§§1489-1519. 



scnool board. 



Section 1. Election, removal, etc. 
§§1489-1493. 

Section 2. Examination, grading, and 
license of teachers. §§1494-1500. 

Section 3. Other duties of county 
school commissioner, compensa- 
tion, seal, etc. §§1501-1507. 

Section 4. Reports of teachers; tui- 
tion; manual and night schools. 
§§1508-1511. 

Section 5. School funds and school 
property. §§1512-1517. 

Section 6. Administration of oaths; 
report to grand jury. §§1518, 
1519. 
Article 4. Enumeration of school chil- 
dren. §§1520-1522. 
. Article 5. Private scnools. §§1523-1524. 
Article 6. Schools in cities. §1525. 
Article 7. Arbor day, Georgia day, and 

vaccination. §§1526-1529. 
Article 8. Industrial education in public 
schools. §1530. 

Article 9. Local tax for public schools. 

§§1531-1545. 
Article 10. Finances of the common 

schools. §§1546-1551. 
Article 11. School of Agriculture and 

Mechanic Arts. §§1552-1562. 
Article 12. State library commission. 

§§1563-1565. 
Chapter 5. Public libraries. §§1566-1570. 



XX11 



CONTENTS. 



TWELFTH TITLE. 



Police and Sanitary Regulations. §§1571-1770. 



Chapter 1. Georgia State Sanitarium. 
§§1571-1014. 
Article 1. The trustees. §§1571-1584. 
Article 2. Physicians. §§1585-1590. 
Article 3. Marshal. §§1591,1592. 
Article 4. Superintendent. §§1593,1594. 
Article 5. Admission, management, and 
discharge of patients. §§1595-1614. 
Chapter 2. Sanitarium for the treatment 
of tuberculosis patients. §§1615-1623. 
Chapter 3. Private insane asylum; pro- 
tection of inmates. §§1624-1627. 
Chapter 4. Private hospitals and sanita- 
riums. §§1628-1631. 
Chapter 5. Health and quarantine. §§1632- 

1655. 
Chapter 6. State Board of Health. 

§§1656-1669. 
Chapter 7. Sanitary regulations by county 
authorities. §§1670-1676. 



Chapter 8. Municipal sanitariums for con- 
sumptives. §§1677-1681. 
Chapter 9. Practice of medicine, how 
regulated. §§1682-1697. 
Article 1. Practitioners. §§1682-1686. 
Article 2. Medical board. §§1687-1697. 
Chapter 10. Professional nursing. §§1698- 
1711. 

Board of Embalming. 



Board of Pharmacy. 



Chapter 11. State 
§§1712-1721. 

Chapter 12. State 
§§1722-1731. 

Chapter 13. Board of Osteopathic Exam- 
iners. §§1732-1741. 

Chapter 14. Dentists and practice of den- 
tistry. §§1742-1754. 

Chapter 15. Protection of cemeteries. 
§§1755-1762. 

Chapter 16. Substitutes for intoxicants. 
§§1763-1770. 



THIRTEENTH TITLE. 

Regulations for Particular Branches oe Trade and Agriculture. 

§§1771-2000. 



Chapter 1. Inspection. §§1771-1814. 

Article 1. Inspection, analysis, and sale 
of fertilizers. §§1771-x799. 
Section 1. Registration, analysis, 
commercial value, constituents, 
etc. §§1771-1778. 
Section 2. Cottonseed meal, inspec- 
tion and analysis of. §1779. 
Section 3. Inspectors, their duties and 

compensation. §§1780-1784. 
Section 4. Samples. §§1785-1792. 
tSection 5. Tags and registration. 

§§1793,1794. 
Section 6. Expenses of inspection. 

§1795. 
Section 7. Sales in bulk, commis- 
sioner to prosecute offenders, 
fines disposed of. §§i7'J6-1799. 
Article 2. Inspection of oils. §§1800- 
1814. 



Chapter 2. Pure spirits of turpentine Act, 
and inspection of naval stores. 
§§1815-1843. 
Article 1. Supervising inspector, his du- 
ties. §§1815-1831. 
Article 2. Inspection of naval stores 

and lumber. §§1832-1641. 
Article 3. Appointment of inspectors by 
cities, and their duties. §§1842, 
1843. 
Chapter 3. Regulations of agriculture, etc. 
§§1844-1879. 
Article 1. Cotton, rice, etc. §§1844-1852. 
Article 2. Cultivation of rice. §§1853- 
1863. 

Article 3. Flour, corn, meal, and grain. 
§§1864-1876. 

Article 4. Mills and millers. §§1877- 
1879. 



CONTENTS. 



xxm 



THIRTEENTH TITLE.— Continued. 



Chapter 4. Weights and measures. 

§§1880-1885. 
Chapter 5. Peddling. §§1886-1896. 
Chapter 6. Pilotage. §§1897-1936. 
Chapter 7. Oysters. §§1937-1957. 
Chapter 8. Posting land and registration. 

§§1958-1962. 
Chapter 9. State geologist. §§1903-1976. 



Chapter 10. Phosphate deposits and pur- 
chase of native gold. §§1977-1982. 

Chapter 11. State Bureau of Immigration. 
§§1983-1988. 

Chapter 12. Protection of trade-marks. 
§§1989-1994. 

Chapter 13. Certified public accountants. 
§§1995-2000. 



FOURTEENTH TITLE. 



Inclosures and Stock. §§2001-2064. 



Chapter 1. Estrays. §§2001-2015. 
Chapter 2. Marks and brands. §§2016- 

2020. 
Chapter 3. Inclosures and fences. §§2021- 
2064. 
Article 1. Fences. §§2021-2024. 
Article 2. Proceedings in case of dam- 
age by animals. §§2025-2027. 
Article 3. Gates. §§2028, 2029. 
" Article 4. Watercourses and lines 
fences, when. §§2030,2031. 



Article 5. Impounding animals. §§2032- 
2035. 

Article 6. Election for no fences. 
§§2036-2039. 

Article 7. Miscellaneous provisions. 
§§2040-2051. 

Article 8. Hogs running at large. 
§§2052-2056. 

Article 9. Board of veterinary examin- 
ers. §§2057-2064. 



FIFTEENTH TITLE. 



Department op Agriculture. J §2065-2141. 



Chapter 1. Commissioner of Agriculture; 

duties and salary. §§2065-2084. 
Chapter 2. Duty as to propagation and 

protection of fish. §§2085-2091. 
Chapter 3. Foods, drugs, and liquors, 
adulteration or misbranding prohi- 
bited. §§2092-2119. 
Article 1. Chief food inspector and chief 
drug inspector, State chemist's as- 
sistants and laboratory facilities, 
duties of department. §§2092-2098. 
Article 2. Meaning of certain terms. 
§§2099-2101. 



Article 3. Adulteration or misbranding 
prohibited. §§2101,2102. 

Article 4. When an article is adulter- 
ated or misbranded. §§2103, 2104. 

Article 5. Samples. §2105. 

Article 6. Concentrated commercial 
feeding-stuffs. §§2106-2114. 

Article 7. Standards of purity to be 
fixed. §2115. 

Article 8. Dealers, how protected. 
§§2116-2119. 
Chapter 4. Horticulture and pomology. 
§§2120-2141. 



SIXTEENTH TITLE. 
Game and Birds. §§2142-2158. 



Chapter 1. Game and birds. §§2142-2158. 
Article!. Game warden. §§2142-2148. 
Article 2. Protection of game. §2149. 



Article 3. Protection of birds. 
2158. 



§§2150- 



XXIV 



CONTENTS. 



THE CIVIL CODE. 



FIRST TITLE. 
Of Persons. §§2159-2187. 



Chapter 1. Different kinds of persons, their 
rights and duties. §§2159-2180. 
Article 1. Of citizens. §§2159-2169. 
Article 2. Residents and aliens. §§2170- 
2176. 



Article 3. Of persons of color. §§2177- 
2180. 
Chapter 2. Of domicile, and manner of 
changing the same. §§2181-2187. 



SECOND TITLE. 
Corporations. §§2188-2928. 



Chapter 1. Corporations, their creation, 
powers, and liabilities. §§2188-2261. 
Articie 1. How created. §§2188-2191. 
Article 2. Their creation. §§2192-2202. 
Articles. Foreign corporations. §§2203- 

2207. 
Article 4. Corporation commissioner. 

§§2208-2214. 
Article 5. Powers and liabilities of cor- 
porations. §§2215-2237. 
Article 6. Their dissolution. §§2238- 

2246. 
Article 7. Liability of stockholders. 

§§2247-2250. 
Article 8. Suits against corporations or 

stockholders. §§2251-2257. 
Article 9. Corporations, how served. 
§§2258-2261. 
Chapter 2. Private corporations. §§2262- 
2928. 
Article 1. Banks. §§2262-2366. 

Section 1. How incorporated, and 

their powers. §§2262-2274. 
Section 2. Regulation of banks. 

§§2275-2278. 
Section 3. Bank bureau. §§2279-2312. 



Section 4. Circulation of notes by 

State banks. §§2313-2330. 
Section 5. Obligations and penalties. 

§§2331-2363. 
Section 6. Suits against banks. 
§§2364-2366. 
Article 2. Canal companies. §§2367- 

2380. 
Article 3. Express companies. §§2381- 

2387. 
Article 4. Insurance companies. §§2388- 
2564. 

Section 1. Incorporation of insurance 
companies. §§2388-2412. 

Section 2. Insurance companies, how 
authorized to do business. 
§§2413-2417. 

Section 3. Bonds and deposit re- 
quired. §§2418-2432. 

Section 4. Regulation of insurance 
companies. §§2433-2440. 

Section 5. Proceedings in case of in- 
solvency. §§2441, 2442. 

Section 6. Agents of insurance com- 
pany. §§2443-2448. 



CONTENTS. 



XXV 



SECOND TITLE. 

Section 7. Comity to foreign insur- 
ance companies. §2449. 

Section 8. Assessment and other com- 
panies, reports, etc. § §12450-2465. 

Section 9. Pooling. §§2466-2469. 

Section 10. Fire-insurance contracts. 
§§2470-2490. 

Section 11. Fire and casualty insur- 
ance companies. §§2491-2495. 

Section 12. Life insurance. §§2496- 
2501. 

Section 13. Industrial life insurance. 
§§2502-2514. 

Section 14. Marine insurance. §§2515- 
2528. 

Section 15. Mutual insurance. §§2529- 
2543. 

Section 16. Damages. §§2544-2549. 

Section 17. Fidelity insurance. 
§§2550-2562. 

Section 18. Suits against insurance 
companies. §§2563,2564. 
Article 5. Navigation companies, how 

incorporated. §§2565-2576. 
Article 6. Railroads. §§2577-2802. 

rSection 1. Incorporation and powers. 
§§2577-2614. 
Division 1. Method of incorporation. 

§§2577-2580. 
Division 2. Organization and capi- 
tal stock. §§2581-2583. 
Division 3. Corporate powers of 
railroads. §§2584-2614. 

Section 2. Railroad commission. 
§§2615-2670. 

Section 3. Operation of railroads. 
§§2671-2698. 

Section 4. Farm crossings and cattle 
guards. §§2699-2702. 

Section 5. Injuries to stock. §§2703- 
2710. 

Section 6. Railroads as common car- 
riers, and herein of other car- 
riers. §§2711-2751. 

Section 7. Connecting roads; receipt 
and delivery of freight, etc. 
§§2752-2778. 

Section 8. Injuries by railroads. 
§§2779-2789. 

Section 9. Rolling stock of railroads. 
§§2790-2792. 



— Continued. 

Section 10. Liens against railroads. 
§§2793-2797. 

aection 11. Suits against railroads. 
§§2798-2802. 
Article 7. Telegraph and telephone com- 
panies. §§2803-2814. 

Section 1. Their incorporation. 
§§2803-2808. 

Section 2. Construction of lines. 
§§2809-2811. 

Section 3. Duty as to messages. 
§§2812, 2813. 

Section 4. Suits against. §2814. 
Article 8. Trust companies. §§2815- 
2821. 

Section 1. How incorporated. §§2815, 
2816. 

Section 2. Their powers. §2817. 

rSection 3. Organization and manage- 
ment. §§2818-2820. 

Section 4. Other corporations may ac- 
quire like powers. §2821. 
Article 9. Corporations created by su- 
perior court. §§2822-2928. 

rSection 1. How incorporated. §§2822, 
2823. 

Section 2. Schools, churches, socie- 
ties, etc. §§2824-2835. 

Section 3. Literary and other similar 
corporations. §§2836-2840. 

Section 4. Plank roads. §§2841-2844. 

Section 5. Charitable institutions for 
custody of children. §§2845-2861. 

Section 6. Georgia Industrial Home. 
§§2862-2865. 

Section 7. Fraternal beneficiary or- 
ders. §§2866-2877. 

.Section 8. Building and loan associa- 
tions and their regulations. 
§§2878-2882. 

Section 9. Interstate building and 
loan associations. §§2883-2898. 

Section 10. Investment companies. 
§§2899-2909. 

Section 11. Bonded public warehouse- 
men. §§2910-2922. 

Section 12. Waterworks companies. 

§§2923-2925. 
Section 13. Franchises considered as 

assets. §§2926-2928. 



XXVI 



CONTENTS. 



THIRD TITLE. 



Of Domestic Relations. §§2929-3154. 



Chapter 1. Of husband and wife. §§2929- 
3011. 
Article 1. Of marriage and divorce. 
§§2929-2991. 
Section 1. Marriage, how and by 

whom contracted. §§2929-2943. 
Section 2. Of divorces, and how ob- 
tained. §§2944-2974. 
Sections. Of alimony. §§2975-2991. 
Article 2. Of the rights and liabilities 
of husband and wife. §§2992-2998. 
Article 3. Of marriage contracts and 
settlements. §§2999-3011. 
Chapter 2. Of parent and child. §§3012- 
3030. 
Article 1. Legitimate children. §§3012- 

3025. 
Article 2. Illegitimate children or bas- 
tards. §§3026-3030. 
Chapter 3. Of guardian and ward. §§3031- 
3116. 
Article 1. Their appointment, powers, 
duties, liabilities, settlements, resig- 
nation, etc. §§3031-3088. 



Section 1. How and by whom ap- 
pointed. §§3031-3057. 
fSection 2. The powers, duties, and lia- 
bilities of guardians. §§3058- 
3075. 
Section 3. Settlement of guardian, 
resignation, and letters dismis- 
sory. §§3076-3088. 
Article 2. Guardians of lunatics, idiots, 
and persons non compos mentis. 
§§3089-3106. 
Article 3. Foreign guardians. §§3107- 
3116. 
Chapter 4. Master and servant. §§3117- 
3154. 
Article 1. Indented servants and ap- 
prentices. §§3117-3128. 
Article 2. Master's liability to servant. 

§§3129-3136. 
Article 3. Hours of labor in manufac- 
turing establishments. §§3137-3142. 
Article 4. Child labor in factories. 

§§3143-3149. 
Article 5. Seats and fire-escapes. §§3150- 
3154. 



FOURTH TITLE. 
Of Relations Arising from Other Contracts. §§3155-3616. 



Chapter 1. Of partnership. §§3155-3214. 
Article 1. General principles. §§3155- 

3168. 
Article 2. Rights and liabilities of part- 
ners among themselves. §§3169- 
3178. 
Article 3. Rights and liabilities of part- 
ners as to third persons. §§3179-3190. 
Article 4. Limited partnership. §§3191- 
3214. 
Chapter 2. Debtor and creditor. §§3215- 
3229. 
Article 1. General principles. §§3215- 
3223. 
Section 1. Relation defined, etc. 

§§3215-3221. 
Section 2. Statute of frauds. §§3222, 
3223. 



Article 2. Acts void as against credit- 
ors. §§3224-3229. 
Chapter 3. Preferences and assignments 
for benefit of creditors. §§3230-3248. 
Chapter 4. Insolvent traders. §§3249-3255. 
Chapter 5. Mortgages. §§3256-3305. 

Article 1. General principles. §§3256- 

3275. 
Article 2. Mortgages on real estate, how 
foreclosed. §§3276-3285. 
ejection 1. Application to foreclose; 
when, where, and how made, and 
proceedings thereon. §§3276- 
3278. 
Section 2. Of pleas, dpfenses, etc., 
when and how made. §§3279- 
3282. 



CONTENTS. 



XXVll 



FOURTH TITLE. 
Section 3. Of the judgment and dispo- 
sition of mortgaged property. 
§3283. 
Section 4. Proceeds of sale of mort- 
gaged property, how appropri- 
ated. §§3284, 3285. 
Article 3. Of mortgages and bills of 
sale on personal property, how 
foreclosed. §§3286-3304. 
Section 1. Application to foreclose, by 
whom and how made. §§3286- 
3299. 
Section 2. Of the defenses, when and 
how made. §§3300-3304. 
Article 4. Foreclosure in equity. §3305. 
Chapter 6. Sales to secure debts. §§3306- 

3310. 
Chapter 7. Trust deeds to secure debts. 

§§3311-3317. 
Chapter 8. Conditional sales. §§3318, 

3319. 
Chapter 9. Registration of transfers and 

liens. §§3320-3328. 
Chapter 10. Liens other than mortgages. 
§§3329-3376. 
Article 1. To whom granted, rank and 

priority. §§3329-3364. 
Article 2. Foreclosure of liens on real 

_estate. §3365. 
Article 3. Foreclosure of liens on per- 
sonal property. §§3366-3370. 
Article 4. Miscellaneous provisions. 
§§3371-3376. 
Chapter 11. Homesteads. §§3377-3425. 
Article 1. Exemptions. §§3377-3415. 
Section 1. In what, and to whom 

granted. §3377. 
Section 2. Application and schedule. 

§§3378-3380. 
Section 3. Notice to creditors. §§3381- 

3383. 
Section 4. Surveyor's return; ap- 
proval of plat and application. 
§§3384-3388. 
Section 5. Town property. §§3389, 

3390. 
Section 6. Exemption of money. 

§3391. 
Section 7. Rights of wife and chil- 
dren, how protected. §§3392- 
3396. 



Continued. 
Section 8. Sale, reinvestment, and in- 
come. §§3397,3398. 
Section 9. Levy and sale, when al- 
lowed. §§3399-3404. 
Section 10. Receiver for excess. 

§§3405-3412. 
Section 11. Waiver of homestead 

right. §§3413, 3414. 
Section 12. Supplemental homestead. 
§3415. 
Article 2. Statutory or short homestead. 
§§3410-3425. 
Section 1. Property exempt from sale. 

§3416. 
Section 2. How set apart. §§3417- 

3421. 
Section 3. Effect of exemption. 
§§3422-3425. 
Chapter 12. Interest and usury. §§3426- 
3466. 
Article 1. General principles. §§3426- 

3445. 
Article 2. Business of loans on personal 
property. §§3446-3466. 
Chapter 13. Of bailments. §§3467-3537. 
Article 1. General principles. §§3467- 

3475. 
Article 2. Of hiring. §§3476-3493. 
Article 3. Of deposits. §§3494-3515. 
Article 4. Of loans. §§3516-3526. 
Article 5. Pledges and pawns. §§3527- 
3537. 
Chapter 14. Of principal and surety. 
§§3538-3568. 
Article 1. The contract. §§3538-3541. 
Article 2. Relative rights of creditor 

and surety. §§3542-3550. 
Article 3. Rights of surety against prin- 
cipal. §§3551-3563. 
Article 4. Rights of sureties among 

themselves. §§3564-3566. 
Article 5. Rights of sureties as to third 
persons. §§3567, 3568. 
Chapter 15. Of principal and agent 
§§3569-3616. 
Article 1. Relations of principal and 
agent among themselves. §§3569- 
3592. 
Article 2. Rights and liabilities of prin- 
cipal as to third persons. §§3593- 
3606. 



XXV111 



CONTENTS. 



FOURTH TITLE. — Continued. 



Article 3. Rights and liabilities 01 
agent as to third persons. §§360?- 
3614. 



Article 4. Overseers. §§3615, 3616. 



FIFTH TITLE. 
Of Property and the Tenure by Which it is Held. §§3617-3655. 
Chapter 1. Of realty. §§3617-3645. j Chapter 2. Of personalty. §§3646-3655. 



SIXTH TITLE. 



Estates and Rights Attached Thereto. §§3656-3795. 



Chapter 1. Of absolute estates, or in fee 

simple. §§3656-3662. 
Chapter 2. Of estates for life. §§3663- 

3673. 
Chapter 3. Of estates in remainder and 

reversion. §§3674-3684. 
Chapter 4. Of estates for years. §§3685- 

3690. 
Chapter 5. Of landlord and tenant. §§3691- 

3715. 
Chapter 6. Of estates on condition. §§3716- 

3721. 
Chapter 7. Of tenancy in common. 

§§3722-3727. 



Chapter 8. Of trust estates, trusts, and 
trustees. §§3728-3795. 

Article 1. Of their creation and nature. 
§§3728-3742. 

Article 2. Of trustees; their appoint- 
ment, powers, etc. §§3743-3778. 

Article 3. Of trusts and trustees. §§3773- 
3785. 

Articie 4. Of claims against trust es- 
tates. §§3786-3791. 

Article 5. Deeds to interests in prop- 
erty for its improvement. §§3792- 
3795. 



SEVENTH TITLE. 



Of Title and Mode of Conveyance. §§3790-4215. 



Chapter 1. Of title by grant. §§3796-3826. 
Article 1. Grants generally. §§3796- 

3810. 
Article 2. Of land lotteries. §§3811- 

3816. 
Article 3. Processioning. §§3817-3826. 
Chapter 2. Of title by will. §§3827-3928. 
Article 1. Of the nature of wills, by 

whom and how executed. §§3827- 

3852. 
Article 2. Of probate and its effect. 

§§3853-3870. 
Article 3. Probate of foreign wills. 

§§3871-3882. 
Article 4. Of the executor. §§3883-3894. 
Article 5. Of devises and legacies. 

§§3895-3915. 
Article 6. Of revocation. §§3916-3924. 



Article 7. Of nuncupative wills. §§3925- 
3928. 
Chapter 3. Of title by descent and admin- 
istration. §§3929-4105. 
Article 1. Of inheritable property, and 
the relative rights of the heirs and 
administrator. §§3929-3934. 
Article 2. Of administration. §§3935- 
4105. 
Section 1. Different kinds of adminis- 
trators, and rules for granting 
letters. §§3935-3951. 
Section 2. County administrators. 

§§3952-3968. 
Section 3. The appointment of admin- 
istrators, their bonds and re- 
moval. §§3969-3982. 
Section 4. Of inventories, appraise- 
ments, and returns. §§3983-3996. 



CONTENTS. 



XXIX 



SEVENTH TITLE.— Continued. 



Section 5. Of managing the estate and 
paying the debts. §§3997-4015. 

Section 6. Of receiving and making 
titles on bonds for titles. §§4016- 
4020. 

Section 7. Of administrator's sales. 
§§4021-4039. 

Section 8. Of distribution, advance- 
ments, and year's support. 
§§4040-4061. 

Section 9. Of commissions and extra 
compensation. §§4062-4072. 

Section 10. Of final settlements and 
receipts. §§4073-4080. 

Section 11. Suits against executors, 
administrators, and sureties. 
§§4081-4085. 

Section 12. Pleas of administrators, 
etc. §§4086,4087. 

Section 13. Judgments against admin- 
istrators. §4088. 



Section 14. Of letters of dismission 

and resignation. §§4089-4095. 
Section 15. Of removing proceedings 

to another county. §§4096-4100. 
Section 16. Of foreign administrators. 
§§4101-4105. 
Chapter 4. Of title by contract. §§4106- 
4154. 
Article 1. Private sales. §§4106-4143. 
Article 2. Of gifts. §§4144-4154. 
Chapter 5. Of title by escheat and forfei- 
ture. §§4155-4162. 
Chapter 6. Of title by prescription. §§4163- 

4178. 
Chapter 7. Of conveyances of title. §§4179- 
4215. 
Article 1. Generally. §§4179-4191. 
Article 2. Of covenants and warranty. 

§§4192-4197. 
Article 3. Of registration. §§4198-4215. 



EIGHTH TITLE. 
Of Contracts. §§4216-4402. 



Chapter 1. General principles. §§4216- 
4231. 

Chapter 2. Of the parties. §§4232-4240. 

Chapter 3. Of the consideration. §§4241- 
4250. 

Chapter 4. Of illegal and void contracts. 
§§4251-4264. 

Chapter 5. Of construction of contracts. 
§§4265-4268. 

Chapter 6. Of bills of exchange and prom- 
issory notes and other negotiable in- 
struments. §§4269-4294. 
Article 1. Of negotiable papers, and how 
transferred. §§4269-4278. 

Article 2. Of indorsers, notice and pro- 
test. §§4279-4285. 

Article 3. Of the rights of holders. 
§§4286-4294. 

Chapter 7. Of defenses to contracts. 
§§4295-4388. 
Article 1. Denial of the contract. §§4295- 
4299. 



Article 2. Denial of the obligation of a 
contract, either originally or by a 
subsequent act of tne opposite 
party. §§4300-4310. 
Article 3. Of payment, and herein of 
appropriation of payments. §§4311- 
4317. 
Article 4. Of performance, and herein 

of tender. §§4318-4325. 
Article 5. Accord and satisfaction 

.§§4326-4330. 
Article 6. Of pendency of another ac- 
tion, and former recovery. §§4331- 
4338. 
Article 7. Of set-off and recoupment. 

§§4339-4353. 
Article 8. Of limitation of actions on 
contracts. §§4354-4388. 
Section 1. Periods of limitation. 

§§4354-4373. 
Section 2. Exceptions and disabilities. 

§§4374-4382. 
Section 3. New promise. §§4383-4388. 
Chapter 8. Of breach and damage. §§4389- 
4402. 



XXX 



CONTENTS. 



NINTH TITLE. 
Of Torts, or Injuries to Persons or Property. §§4403-4517. 



Chapter 1. General principles, and herein 

of fraud and deceit. §§4403-4421. 
Chapter 2. Of injuries to the person. 
§§4422-4469. 
Article 1. Physical injuries. §§4422- 

4427. 
Article 2. Injuries to reputation. §§4428- 
4446. 
Section 1. Of libel and slander. 

§§4428-4438. 
Section 2. Malicious prosecution. 
§§4439-4446. 
Article 3. Other torts to the' person. 
§§4447-4469. 
Section 1. False imprisonment. 

§§4447-4449. 
Section 2. Malicious arrest. §§4450- 
4453. 



Section 3. Nuisances and other inju- 
ries to health. §§4454-4462. 
Section 4. Of indirect injuries to the 
person. §§4463-4469. 
Chapter 3. Of injuries to property. §§4470- 
4487. 
Article 1. To real estate. §§4470-4480. 
Article 2. Of injuries to personalty gen- 
erally. §§4481-4487. 
Chapter 4. Of defenses. §§4488-4501. 
Article 1. Of justification. §§4488-4490. 
Article 2. Of satisfaction, and herein of 

tender/ §§4491-4494. 
Article 3. Limitation of actions. §§4495- 

4498. 
Article 4. Of other defenses. §§4499- 
4501. 
Chapter 5. Of damages. §§4502-4517. 



TENTH TITLE. 
Of Equity. §§4518-4639. 



Chapter 1. General principles. - §§4518- 
4542. 

Chapter 2. Of discovery. §§4543-4554. 
Article 1. In equitable proceedings. 

§§4543-4549. 
Article 2. Discovery in other cases. 
§§4550-4554. 
Chapter 3. Of perpetuation of testimony. 
§§4555-4564. 
Article 1. Generally. §§4555-4559. 
Article 2. Method of perpetuating testi- 
mony. §§4560-4564. 



Chapter 4. 

§§4565- 
Chapter 5. 

4593. 
Chapter 6. 

§§4594- 
Chapter 7. 
Chapter 8. 
Chapter 9. 

4620. 
Chapter 10. 
Chapter 11. 

§§4633- 



Of accident and mistake. 

4585. 

Of account and set-off. §§4586- 

Of administration of assets. 

4602. 

Of charities. §§4603-4608. 

Of elections. §§4609-4613. 

Of execution of powers. §§4614- 

Of fraud. §§4621-4632. 
Of specific performance. 
4639. 



CONTENTS. 



XXXI 



THE CODE OF PRACTICE. 



FIRST TITLE. 

Courts of Original Jurisdiction; Their Officers, Organization, and Practice. 

§§4640-4997. 



Chapter 1. General provisions. §§4640- 

4647. 
Chapter 2. Justices' courts, their officers 
and practice. §§4648-4775. 

Article 1. Justices of the peace, nota- 
ries public, and their courts. 
§§4648-4679. 

Article 2. Constables. §§4680-4697. 

Article 3. Of proceedings in justices' 
courts; time and place of holding 
justices' courts. §§4698-4708. 

Article 4. Of jurisdiction of justices' 
courts. §§4709-4714. 

Article 5. Commencement of suits, serv- 
ice, etc. §§4715-4725. 

Article 6. Pleas and defenses. §§4726- 
4728. 

Article 7. Evidence. §§4729-4732. 

Article 8. Trial and judgment. §§4733- 
4737. 

Article 9. Appeals and juries. §§4738- 
4749. 

Article 10. Claims, garnishments, and 
otner issues in justices' courts. 
§§4750-4756. 

Article 11. Final judgment and execu- 
tion. §§4757-4761. 

Article 12. Justices' courts may rule 
the constables, punish defaulting 
witnesses, and punish contempts. 
§§4762-4764. 

Article 13. Levy and sale under fi. fa. 
from justices' courts. §§ 1765-4769. 

Article 14. Jurisdiction in certain cities. 
§§4770-4772. 

Article 15. Jurisdiction in certain other 
cities. §§4773-4775. 



Chapter 3. Ordinaries. §§4776-4808. 

Article 1. Ordinaries and their courts. 
§§4776-4789. 

Article 2. Jurisdiction of courts of or- 
dinary. §§4790-4795. 

Article 3. Jurisdiction over county af- 
fairs. §§4.'96,4797. 

Article 4. Other authority of ordinary. 
§§4798-4804. 

Article 5. The ordinaries as clerks. 
§§4805-4808. 
Chapter 4. Ordinaries' courts. §§4809- 
4827. 

Article 1. Proceedings therein. §§4809- 
4811. 

Article 2. Of the practice in the court 
of ordinary. §§4812-4820. 

Article 3. Proceedings before the ordi- 
nary sitting for county purposes. 
§§4821-4826. 

Article 4. Fees of ordinary. §4827. 
Chapter 5. City courts. §§4828-4831. 

Article 1. Judges may exchange. §4828. 

Article 2. Deputy clerks. §§4829,4830. 

Article 3. Stenographer. §4831. 
Chapter 6. The superior courts and their 
officers. §§4832-4929. 

Article 1. The superior court and its 
judges. §§4832-4869. 

Article 2. Judicial districts and circuits. 
§4870. 

Article 3. Sessions and adjournments of 
superior courts. §§4871-4877. 

Article 4. The clerks of the superior 
courts. §§4878-4901. 

Article 5. Sheriffs and their duties. 
§§4902-4920. 



XXX11 



CONTENTS. 



FIRST TITLE 
Article 6. Solicitors-general. §§4921- 

4929. 
Chapter 7. Attorneys at law. §§49.30-4983. 
Article 1. Who may practice. §§4930- 

4933. 
Article 2. Application for admission. 

§4934. 
Article 3. Scope of the examination. 

§4935. 
Article 4. Board of examiners. §§4936- 

4939. 
Article 5. Examination and admission. 

§§4940-4942. 
Article 6. Admission fee and rules. 

§§4943,4944. 



. — Continued. 

Article 7. Attorneys' oath. §4945. 
Article 8. Lawyers from other States. 

§§4946-4949. 
Article 9. Admission to the Supreme 

Court or the Court of Appeals. 

§4950. 

Article 10. General principles. §§4951- 
4968. 

Article 11. Proceedings to remove an 
attorney. §§4969-4983. 
Chapters. Stenographers. §§4984-4991. 
Chapter 9. Superior court bailiffs. §§4992- 

4996. 
Chapter 10. Juries. §4997. 



SECOND TITLE. 
Special Rights, Remedies, and Proceedings. §§4998-5405. 



Chapter 1. Appeals. §§4998-5018. 

Article 1. In what cases allowed. 
§§4998,4999. 

Article 2. When, by whom, and how en- 
tered. §§5000-5013. 

Article 3. Effect of appeals. §§5014- 
5016. 

Article 4. How and when tried. §§5017, 
5018. 
Chapter 2. Arbitrament and award. §§5019- 
5054. 

Article 1. Common-law award. §§5019- 
5029. 

Article 2. Statutory award. §§5030- 
5054. 
Chapter 3. Of attachments. §§5055-5126. 

Article 1. Of issuing attachments. 
§§5055-5074. 

Article 2. In what manner, on what 
property executed, and proceedings 
thereon. §§5075-5082. 

Article 3. Attachments for purchase- 
money. §§5083-5087. 

Article 4. Attachments against fraudu- 
lent debtors. §§5088-5093. 

Article 5. Proceedings on garnishment 
in attachment. §§5094-5101. 

Article 6. Of pleading and defenses in 
attachment. §§5102-5112. 

Article 7. Replevy and disposition of 
property attached. §§5113,5114. 



Article 8. Of claims and proceedings 
thereon in attachment. §§5115- 
5120. 
Article 9. Of lien of attachments, judg- 
ment, and execution. §§5121-5126. 
Chapter 4. Auditors. §§5127-5149. 
Article 1. Appointment and powers. 

§§5127-5130. 
Article 2. Auditor's report. §§5131-5134. 
Article 3. Exceptions. §§5135-5139. 
Article 4. Hearing of exceptions and 
final disposition of case. §§5140- 
5147. 
Article 5. Auditor's fees. §§5148,5149. 
Chapter 5. Bail in actions for personalty. 

§§5150-5156. 
Chapter 6. Of claims to property in ex- 
ecution. §§5157-5175. 
Article 1. How and by whom interposed. 

§§5157-5166. 
Article 2. When, where, and how tried. 
§§5167-5175. 
Chapter 7. Of claims at other sales. 

§§5176-5179. 
Chapter 8. Of the writ of certiorari. 
§§5180-5205. 
Article 1. In what case the writ of cer- 
tiorari lies. §5180. 
Article 2. How obtained, and proceed- 
ings thereon. §§5181-5194. 



CONTENTS. 



XXXlll 



SECOND TITLE.— Continued. 



Article 3. Of the answer, hearing, judg* 
ment, and costs. §§5195-5205. 
Section 1. Of the answer. §§5195- 

5197. 
Section 2. Of the hearing. §§5198- 

5200. 
(Section 3. Of the judgment and costs. 
§§5201-5205, 
•Chapter 9. Condemnation of private prop- 
erty. §§5206-5246. 
Article 1. Notice, and to whom given. 

§§5206-5218. 
Article 2. Appointment of assessors. 

§§5219-5222. 
Article 3. Hearing before assessors. 

§§5223-5227. • 
Article 4. To what condemnations ap- 
plicable; appeal, final judgment, 
etc. §§5228-5246. 
Chapter 10. Dower. §§5247-5264. 
Article 1. Defined, how assigned, how 

barred, etc. §§5247-5256. 
Article 2. How assigned. §§5257-5264. 
•Chapter 11. Garnishments. §§5265-5304. 
Article 1. How issued and served, 

answer, etc. §§5265-5274. 
Article 2. Garnishments in different 

counties. §§5275-5279. 
Article 3. Dissolution of garnishment. 

§5280. 
Article 4. Answer, traverse, claims, and 

judgments. §§5281-5295, 
Article 5. Exemptions from garnish- 
ment. §§5296-5304. 
Chapter 12. Of the illegality of execu- 
tions. §§5305-5311. 
Chapter 13. Lost papers, where, when, 
and how established. §§5312-5328. 
Article 1. Establishment of lost papers 

in superior court. §§5312-5321. 
Article 2. Establishment of lost papers 

in justices' courts. §§5322-5325. 
Article 3. Summary establishment of 
lost papers. §§5326-5328. 
Chapter 14. Nuisances, and their abate- 
ment. §§5329-5340. 



Chapter 15. Officers of court, rules against. 

§§5341-5354. 
Chapter 16. Of partition. §§5355-5370. 
Article 1. General principles. §§5355- 

5357. 
Article 2. Partition of land. §§5358- 
5369. 
Section 1. Where, how, and by whom 
the application must be made. 
§§5358,5359. 
Section 2. Notice to the parties, how 
given, and on whom served. 
§5360. 
Section 3. The issue and return of 
the writ of partition. §§5361, 
5362. 
Section 4. Defenses, when and how 

made. §5363. 
Section 5. Of judgment. §§5364-5368. 
Section 6. Remedy of party absent 
under disability or not notified. 
§5369. 
Article 3. Partition of personal prop- 
erty, how obtained. §5370. 
Chapter 17. Possessory warrant, and pro- 
ceedings thereunder. §§5371-5379. 
Article 1. By whom, and upon what 
ground possessory warrant may 
issue. §5371. 
Article 2. How warrant must be exe- 
cuted and returned. §5372. 
Article 3. The trial, judgment, and sub- 
sequent proceedings. §§5373-5379. 
Chapter 18. Trespassers on land and ten- 
ants holding over. §§5380-5405. 
Article 1. Proceedings against intruders 
on land and tenants holding over. 
§§5380-5394. 
Section 1. Proceedings against intrud- 
ers. §§5380-5384. 
Section 2. Proceedings against ten- 
ants holding over. §§5385-5394. 
Article 2. Forcible entry and detainer. 
§§5395-5405. 



XXXIV 



CONTENTS. ' 



THIRD TITLE. 
Extraordinary and Equitable Remedies and Pleadings. §§5406-5505. 



Chapter 1. Joinder of legal and equitable 
causes. §§5406-5413. 

Chapter 2. Parties in equitable proceed- 
ings. §§5414-5419. 

Chapter 3. Trial and its incidents. §§5420- 
5423. 

Chapter 4. Decrees. §§5424-5435. 

Chapter 5. Proceedings at chambers. 
§§5436-5439. 

Chapter 6. Of extraordinary remedies. 
§§5440-5489. 



Article 1. Mandamus, quo warranto, and 
prohibition. §§5440-5458. 

Article 2. Ne exeat, and quia timet. 
§§5459-5468. 

Article 3. Bills of peace and inter- 
pleader. §§5469-5474. 

Article 4. Receivers. §§5475-5489. 
Chapter 7. Injunctions. §§5490-5505. 

Article 1. When granted. §§5490-5500. 

Article 2. Procedure in injunction cases. 
§§5501-5505. 



FOURTH TITLE. 



Of Actions. §§5506-5627. 



Chapter 1. General principles. §§5506-5525. 
Chapter 2. Actions,' where and how 
brought. §§5526-5597. 
Article 1. Of the venue. §§5526-5531. 
Article 2. Change of venue. §§5532-5537. 
Article 3. Suits, how commenced. 
§§5538-5550. 
Section 1. The petition. §§5538-5540. 
Section 2. Exhibits. §5541. 
Section 3. Verification and sanction 

of petitions. §§5542-5546. 
Section 4. Cross-petitions. §5547. 



Section 5. Dismissal of petitions. 

§§5548, 5549. 
Section 6. Certain forms of action pre- 
served. §5550. 
Article 4. Filing, process, and service. 

§§5551-5573. 
Article 5. In ejectment. §§5574-5590. 
Article 6. Against joint and several con- 
tractors. §§5591-5597. 
Chapter 3. Making parties pending action. 

§§5598-5616. 
Chapter 4. Abatement, retraxit, dismissal, 
and removal of actions. §§5617-5627. 



FIFTH TITLE. 



Of Defenses and Proceedings Pending Action. §§5628-5727. 



Chapter 1. Defenses, pleas, etc. §§5628- 
5680. 
Article 1. General provisions. §§5628- 

5652. 
Article 2. Judgment by default. §§5653- 

5662. 
Article 3. Particular pleas. §§5663-5680. 
Section 1. To the jurisdiction. §§5663- 

5667. 
Section 2. Of set-off and usury. 

§§5668-5674. 
Section 3. Failure of consideration. 

§5675. 
Section 4. Non est factum, etc. §§5676- 
5680. 



Chapters. Of amendments. §§5681-5709. 
Article 1. General principles. §§5681- 

5693. 
Article 2. Particular cases. §§5694-5709. 
Section 1. Of amending verdicts, 
judgments, and executions. §§5694- 
5699. 

Section 2. Amending official returns. 

§§5700, 5701. 
Section 3. Amending records. §§5702, 

5703. 
section 4. Of other amendments. 

§§5704-5709. 
Chapter 3. Of continuances. §§5710-5727. 



CONTENTS. 



XXXV 



SIXTH TITLE. 



Of Evidence. §§5728-5923. 



Chapter 1. General principles. §§5728-5743. 
Chapter 2. Of rules governing the admis- 
sion of testimony. §§5744-5796. 
Article 1. General rules. §§5744-5761. 
Article 2. Of hearsay. §§5762-5773. 
Article 3. Of admissions and confessions. 

§§5774-5787. 
Article 4. Of parol evidence to affect 
written. §§5788-5796. 
Chapter 3. Of records and other written 
evidence. §§5797-5836. 
Article 1. Of records and public docu- 
ments. §§5797-5827. 
Article 2. Of private writings. §§5828- 
5836. 
Chapter 4. Of the production of papers. 
§§5837-5848. 
Article 1. Notice to produce. §§5837- 

5843. 
Article 2. Subpoena duces tecum. §§5844- 
5846. 



Article 3. Transcript or examination of 
books. §§5847,5848. 
Chapter 5. Of oral testimony. §§5849-5885. 

Article 1. Of witnesses, their attend- 
ance, and fees. §§5849-5855. 

Article 2. Of the competency of wit- 
nesses. §§5856-5867. 

Article 3. Of the examination of wit- 
nesses. §§5868-5878. 

Article 4. Impeachment of witnesses. 
§§5879-5884. . . 

Article 5. Public excluded, when. §5885. 
Chapter 6. Of interrogatories and deposi- 
tions. §§5886-5923. 

Article 1. Commissions, how issued and 
returned. §§5886-5902. 

Article 2. Waiver of commission. §5903. 

Article 3. Exceptions to commissions. 
§5904. 

Article 4. Depositions without commis- 
sion. §§5905-5917. 

Article 5. In injunction and like cases. 
§§5918-5923. 



SEVENTH TITLE. 



Veedict and Judgment. §§5924-5979. 



Chapter 1. Verdict and judgment. §§5924- 
5979. 

Article 1. Of the verdict and its recep- 
tion. §§5924-5933. 

Article 2. Of entering judgment. §§5934- 
5942. 

Article 3. Of the effect and lien of judg- 
ments. §§5943-5953. 



Article 4. Of confession of judgment. 

§§5954-5956. 
Article 5. How attacked, and herein of 

motion in arrest of judgment. 

§§5957-5968. 
Article 6. Of the transfer of judgments. 

§§5969-5971. 
Article 7. Of dormant judgments, and 

revival thereof. §§5972-5979. 



EIGHTH TITLE. 
Costs in Civil Cases. §§5980-6017. 



Chapter 1. Of costs in civil cases. §§5980- 
5994. 
Article 1. Who liable for costs; compen- 
sation of certain stenographic re- 
porters. §§5980-5990. 
Article 2. How taxed and collected. 
§§5991-5994. 



Chapter 2. Fees of officers of court. 
§§5995-6011. 

Article 1. Fees of clerk of superior court. 
§§5995, 5996. 

Article 2. Fees of sheriff, deputy sheriff, 
and bailiffs. §§5997-6000. 



XXXVI 



CONTENTS. 



EIGHTH TITLE.— Continued. 



Article 3. Compensation of officers, 
where no fee is fixed. §6001. 

Article 4. Fees of justices. §§0002-6003. 

Article 5. Fees of constables. §§6004- 
6006. 



Article 6. Miscellaneous provisions. 

§§6007-6011. 
Article 7. Justices and constables in 

certain counties. §§6012-6017. 



NINTH TITLE. 
Of Executions and Sales Thereunder. §§6018-6077. 



Chapter 1. Of different kinds of execu- 
tions. §§6018-6039. 
Article 1. When and how issued and re- 
turned. §§6018-6025. 
Article 2. Of ft. fas., how levied, and 

proceedings thereon. §§6026-6036. 
Article 3. Levy and sale wnere defend- 
ant has not legal title. §§6037-6039. 
Chapter 2. Of forthcoming bonds. §§6040- 

6043. 
Chapter 3. Of stay of executions. §§6044- 

6046. 
Chapter 4. Of the satisfaction of execu- 
tions. §§6047-6050. 



Chapter 5. Of title by judicial sale. §§6051- 

6059. 
Chapter 6. Of sales under executions. 
§§6060-6077. 
Article 1. When and where made. 

§§6060, 6061. 
Article 2. Advertisement of judicial 

sales. §§6062-6067. 
Article 3. Sale of perishable property. 

§§6068-6070. 
Article 4. Liability of bidder at public 

sale. §§6071,6072. 
Article 5. Writ of possession and rights 
of purchaser. §§6073-6077. 



TENTH TITLE. 
New Trials. §§6078-6097. 



Chapter 1. By whom and for what causes 
allowed. §§6078-6093. 



Chapter 2. Cases; when, where, and how 
retried. §§6094-6097. 



ELEVENTH TITLE. 



Supreme Court. §§6098-6218. 



Chapter 1. Supreme Court and its powers. 

§§6098-6103. 
Chapter 2. Its judges. 
Chapter 3. Its officers. 

Article 1. Generally. 

Article 2. The clerk. 

Article 3. The reporter. 

Article 4. Stenographers. 



§§6104-6118. 
§§6119-6137. 
§6119. 
§§6120-6126. 

i§6127-6131. 

§§6132-6134. 



Article 5. Sheriff. §§6135-6137. 
Chapter 4. What causes may be taken to 

the Supreme Court. §§6138, 6139. 
Chapter 5. Of taking cases to the Supreme 
Court. §§6140-6169. 
Article 1. Mode of procedure. §§6140- 

6148. 
Article 2. Diminution of record. §§6149- 
6151. 



Article 3. Bills of exceptions, when to 

be signed. §§6152-6154. 
Article 4. Proceedings in case of death 

or refusal to sign. §§6155-6159. 
Article 5. Service of bills of exceptions. 

§§6160-6164. 
Article 6. Supersedeas. §§6165,6166. 
Article 7. Duty of clerk of superior and 

city courts. §§6167-6169. 
Chapter 6. In the Supreme Court. §§6170- 
6218. 
Article 1. Time of filing and hearing 

bills of exceptions. §§6170-6172. 
Article 2. Order of circuits; publication 

of number of cases. §§6173, 6174. 
Article 3. Making parties, etc. §§6175, 

6176. 



CONTENTS. 



xxxvn 



ELEVENTH TITLE.— Continued. 



Article 4. No dismissals, when. §§6177- 

6187. 
Article 5. Amendments. §§6188-6190. 
Article 6. Arguments. §§6191-6196. 



Article 7. Decisions. §§6197-6208. 

Article 8. Record and costs. §§6209- 

6212. 

Article 9. Judgment. §§6213-6218. 



RULES OF SUPREME COURT. §§6219-6259. 
RULES OF SUPERIOR COURTS. §§6260-6324. 
Common-law rules. §§6260-6318. J Equity rules. §§6319-6324. 



RULES OF COURT OF APPEALS. §§6325-6356. 
CONSTITUTION. §§6357-6619. 



Article 1. Bill of rights. §§6357-6394. 

Section 1. Rights of the citizen. 
§§6357-6381. 

rSection 2. Certain offenses defined. 
§§6382-6387. 

Section 3. Protection to person and 
property. §§6388-6390. 

Section 4. Special legislation forbid- 
den. §§6391,6392. 

Section 5. Governmental rights of the 
people. §§6393,6394. 
Article 2. Elective franchise. §§6395- 
6409. 

Section 1. Qualification of voters. 
§§6395-6403. 

Section 2. Registration. §6404. 

Section 3. Voters' privilege. §6405. 

Section 4. Disqualification to hold of- 
fice. §.§6406, 6407. 

Section 5. rSale of liquors, when for- 
bidden. §6408. 

Section 6. Returns of elections. §6409. 
Article 3. Legislative department. 
§§6410-6461. 

Section 1. Legislative power, where 
vested. §6410. 

Section 2. Senatorial districts. §§6411, 
6412. 

Section 3. County representation. 
§§6413,6414. 

Section 4. The General Assembly. 
§§6415-6421. 

Section 5. The Senate. §§6422-6426. 

Section 6. The House of Representa- 
tives. §§6427-6429. 

Section 7. Enactment of laws. §§6430- 
6452. 



Section 8. Officers of General Assem- 
bly. §6453. 

Section 9. Pay of members. §6454. 

Section 10. Elections by General As- 
sembly. §6455. 

Section 11, Married woman's prop- 
erty. §6456. 

Section 12. Insurance companies. 
§§6457-6461. 
Article 4. Power of the General Assem- 
bly over taxation, etc. §§6462-6469. 

Section 1. Taxation. §6462. 

rSection 2. Regulation of corporations. 
§§6463-6469. 
Article 5. Executive Department. §§6470- 
6496. 

Section 1. Governor. §§6470-6488. 

Section 2. Other Executive officers. 
§§6489-6495. 

Section 3. Seal of State. §6496. 
Article 6. Judiciary. §§6497-6550. 

Section 1. Courts. §6497. 

Section 2. Supreme Court and Court 
of Appeals. §§6498-6506. 

Section 3. Superior courts. §§6507- 
6509. 

Section 4. Jurisdiction of superior 
courts. §§6510-6518. 

Section 5. Judges of superior and city 
courts. §6519. 

Section 6. Court of ordinary. §§6520- 
6522. 

Section 7. Justices of the peace. 

§§6523-6525. 
Section 8. Notaries public. §6526. 
Section 9. Uniformity of courts. §6527. 



XXXV111 



CONTENTS. 



CONSTITUTION 

Attorney-general. §§6528, I 



Solicitor-general. §§6530, 



and 



Section 10 

6529. 
Section 11 

6531. 
Section 12. Election of judges 

solicitors. Repealed. §6532. 
Section 13. Judicial salaries. §§6533, 

6534. 
Section 14. Qualification of judges, 

etc. §6535. 
Section 15. Divorce. §§6536,6537. 
Section 16. Venue. §§6538-6543. 
Section 17. Change of venue. §6544. 
Section 18. Jury trials. §§6545-6547. 
County commissioners. 



Section 19. 

§6548. 
Section 20. 

ished. 



What courts may be abol- 
§6549. 

Court costs. 



Section 21. Supreme 
§6550. 
Article 7. Finance taxation, and public 
debt. §§6551-6575. 
Section 1. Power of taxation. §§6551, 

6552. 
Section 2. Taxation and exemptions. 

§§6553-6557. 
Section 3. State debt. §6558. 
Section 4. Debt, how contracted. 

§6559. 
Section 5. State aid. §6560. 
Section 6. Purposes of taxation by 
counties and cities. §§6561,6562. 
Section 7. Limitation on municipal 

debts. §§6563,6564. 
Section 8. Assumption of debt. §6565. 
Section 9. Public money. §6566. 
Section 10. City debts. §6567. 
Section 11. Void bonds. §6568. 
Section 12. Public debt not to be in- 
creased. §6569. 
Section 13. Public property pledged 

for State's debt. §6570. 
Section 14. Sinking fund. §6571. 
rSection 15. Reports. §6572. 
Section 16. Donations. §§6573,6574. 
Section 17. Public printing. §6575. 



Continued. 

Article 8. Education. §§6576-6581. 
Section 1. Common schools. §6576. 
Section 2. School commissioner. §6577. 
Section 3. School fund. §6578. 
Section 4. Educational tax. §6579. 
Section 5. Local systems. §6580. 
Section 6. University of Georgia. 
§6581. 
Article 9. Homestead and exemptions. 
§§6582-6590. 
Section 1. Homestead. §6582. 
Section 2. Exemptions. §6583. 
Section 3. Waiver of homestead. 

§6584. 
Section 4. Homestead set apart, how. 

§6585. 
Section 5. Short homestead waived. 

§6586. 
Section 6. Homestead supplemented. 

§6587. 
Section 7. Former homesteads pre- 
served. §6588. 
Section 8. Prior rights to exemption 

preserved. §6589. 
Section 9. Sale of homestead. §6590. 
Article 10. Militia. §§6591-6593. 
Section 1. MiiiXia and volunteers. 
§§6591-6593. 
Article 11. Counties and county officers. 
§§6594-6601. 
Section 1. Counties. §§6594-6598. 
Section 2. County officers. §6599. 
Section 3. Uniformity of county offi- 
cers. §6600. 
Section 4. State capital. §6601. 
Article 12. The laws of general opera- 
tion in force in this State. §§6602- 
6609. 
Section 1. Laws of force. §§6602-6609. 
Article 13. Amendments to Constitution. 
§§6610-6613. 
Section 1. Constitution, how amended. 

§§6610,6611. 
Section 2. Constitution, how ratified. 
§§6612,6613. 
Ordinances of constitutional convention. 
§§6614-6619. 



CONSTITUTION OF THE UNITED STATES. §§6620-6706. 



Article 1. Legislative department. 
§§6620-6653. 



Article 2. Executive department. §§6654- 
6665. 



CONTENTS. 



XXXIX 



CONSTITUTION OF THE UNITED STATES.— Continued. 



Article 3. Judicial department. §§6666- 

6671. 
Article 4. Relative rights of States. 

§§6672-6678. 
Article 5. Amendments, how made. 

§6679. 



Article 6. Miscellaneous provisions. 
§§6680-6682. 

Article 7. Ratification. §6683. 

Article 8. Amendments. §§6684-6706. 



SECTIONS OF CODE OF 1895. 



xli 



A TABLE SHOWING WHERE SECTIONS OF THE CODE OF 1895 MAY BE 

FOUND IN THIS CODE 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


1 


1 


59 


67 


113 


127 


2 


2 


60 


68 


114 


128 


3 


3 


61 


69 


115 


136 


4 


4 


62 


72 


116 


139 


5 


5 


63 


73 


117 


140 


6 


6 


64 


74 


118 


141 


7 


7 


65 


75 


119 


142 


8 


8 


66 


76 


120 ' 


143 


9 


9 


67 


77 


121 


144 


10 


10 


68 


78 


122 


145 


11 


11 


69 


79 


123 


146 


12 


12 


70 


80 


124 


147 


13 


13 


71 


81 


125 


148 


14 


14 


72 


82 


126 


149 


15 


15. 


73 


83 


127 


150 


16 


16 


74 


84 


128 


151 


17 


17 


75 


85 


129 


152 


18 


18 


76 


86 


130 


153 


19 


19 


77 


89 


131 


154 


20 


20 


78 


90 


132 


155 


21 


21 


79 


91 


133 


156 


22 


22 


80 


94 


134 


157 


23 


23 


81 


95 


135 


158 


24 


24 


82 


96 


136 


159 


25 


25 


83 


97 


137 


160 


26 


27 


84 


98 


138 


161 


27 


28 


85 


99 


139 


162 


28 


29 


86 


100 


140 


163 


29 


31 


87 


101 


141 


164 


30 


32 


88 


102 


142 


165 


31 


33 


89 


103 


143 


166 


32 


34 


90 


104 


144 


167 


34 


70 


91 


105 


145 


168 


36 


36 


92 


106 


146 


169 


39 


37 


93 


107 


147 


170 


40 


40 


94 


108 


148 


171 


41 


41 


95 


109 


149 


172 


42 


42 


96 


110 


150 


173 


43 


43 


97 


111 


151 


175 


44 


44 


98 


112 


152 


176 


45 


45 


99 


113 


153 


177 


46 


46 


100 


114 


154 


178 


47 


48 


101 


115 


155 


179 


48 


49 


102 


116 


156 


180 


49 


50 


103 


117 


157 


181 


50 


52 


104 


118 


158 


182 


51 


53 


105 


119 


159 


183 


52 


54 


106 


120 


160 


184 


53 


55 


107 


121 


161 


185 


54 


56 


108 


122 


162 


186 


55 


62 


109 


123 


163 


188 


56 


63 


110 


124 


164 


189 


57 


64 


111 


125 


165 


190 


58 


65 


112 


126 


166 


191 



xlii 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 


1910 


167 


192 


232 


267 


298 


340 




168 


193 


233 


268 


299 


341 




169 


194 


234 


269 


300. 


342 




170 


195 


235 


270 


301 


343 




171 


200 


236 


271 


302 


344 




172 


201 


237 


272 


303 


345 




173 


202 


238 


273 


304 


346 




174 


203 


239 


274 


305 


347 




175 


204 


240 


275 


306 


348 




176 


205 


241 


276 


'307 


349 




177 


206 


242 


277 


308 


350 




178 


207 


243 


278 


309 • 


351 




179 


208 


244 


279 


310 


352 




180 


209 


245 


280 


311 


353 




181 


210 


246 


281 


312 


354 




182 


211 


247 


282 


313 


356 




183 


212 


248 


283 


314 


357 




184 


213 


249 


284 


315 


358 




185 


214 . 


250 


285 


316 


359 




186 


215 


251 


286 


317 


360 




187 


216 


252 


287 


318 


361 




188 


217 


253 


288 


319 


362 




189 


218 


254 


289 


320 


363 




190 


219 


255 


290 


321 


364 




191 


220 


256 


291 


322 


365 




192 


221 


257 


292 


323 


366 




193 


222 


25'8 


293 


324 


367 




194 


223 


259 


294 


325 


368 




195 


224 


260 


295 


326 


369 




196 


225 


261 


296 


327 


?70 




197 


226 


262 


297 


328 


371 




198 


227 


263 


298 


329 


372 




199 


228 


264 


299 


330 


373 




200 


229 


265 


300 


331 


374 




201 


230 


266 


301 


332 


375 




202 


231 


267 


302 


333 


376 




203 


235 


268 


303 


334 


377 




204 


236 


269 


304 


335 


378 




205 


237 


270 


305 


336 


379 




206 


238 


271 


306 


337 


380 




207 


239 


272 


307 


338 


381 




208 


240 


273 


308 


339 


382 




209 


241 


274 


309 


340 


383 




210 


242 


275 


310 


341 


384 




211 


243 


276 


311 


342 


385 




212 


244 


277 


312 


343 


386 




213 


245 


278 


313 


344 


387 




' 214 


246 


279 


314 


345 


388 




215 


247 


280 


315 


346 


389 




216 


248 


281 


316 


347 


395 




217 


250 


282 


317 


348 


396 




218 


252 


283 


318 


349 


397 




219 


253 


284 


319 


350 


398 




220 


254 


285 


320 


351 


399 




221 


255 


286 


321 


352 


400 




222 


256 


287 


322 


353 


401 




223 


258 


288 


329 


354 


403 




224 


259 


289 


331 


355 


404 




225 


260 


290 


332 


356 


405 




226 


261 


291 


333 


357 


406 




227 


262 


292 


335 


358 


407 




228 


263 


293 


336 


359 


408 




229 


264 


294 


337 


360 


409 




230 


265 


296 


338 


361 


410 




231 


266 


297 


339 


362 


411 





SECTIONS OF CODE OF 1895. 



xliii 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


363 


412 


430 


545 


495 


613 


364 


413 


431 


546 


496 


614 | 


365 


414 


432 


547 


497 


615 


366 


415 


433 


548 


498 


616 


367 


419 


434 


549 


499 


617 


368 


420 


435 


550 


500 


618 


369 


421 


436 


551 


501 


619 


370 


422 


437 


552 


502 


620 


371 


423 


438 


553 


503 


621 


372 


424 


439 


554 


504 


622 


373 


425 


440 


555 


505 


623 


374 


426 


441 


556 


506 


624 


375 


432 


442 


557 


507 


625 


376 


433 


443 


558 


508 


628 


377 


440 


444 


559 


509 


629 


378 


441 


445 


560 


510 


630 


379 


442 


446 


561 


511 


631 


380 


443 


447 


562 


512 


632 


381 


444 


448 


564 


513 


633 


382 


468 


449 


565 


514 


634 


383 


469 


450 


566 


515 


635 


384 


470 


451 


567 


516 


636 


385 


471 


452 


568 


517 


637 


386 


472 


453 


569 


518 


638 


388 


477 


454 


570 


519 


639 


389 


478 


455 


571 


520 


640 


390 


479 


456 


572 


521 


641 


391 


486 


457 


573 


522 * 


642 


392 


487 


458 


574 


523 


643 


393 


488 


459 


575 


524 


644 


394 


489 


460 


576 


525 


645 


395 


504 


461 


577 


526 


647 


396 


505 


462 


578 


527 


648 


397 


506 


463 


579 


528 


649 


398 


507 


464 


580 


529 


650 


399 


508 


465 


581 


530 


651 


400 


509 


466 


582 


531 


652 


401 


510 


467 


583 


532 


653 


402 


511 


468 


584 


533 


654 


403 


512 


469 


585 


534 


655 


404 


513 


470 


586 


535 


656 


405 


514 


471 


587 


536 


657 


406 


515 


472 


588 


537 


658 


407 


516 


473 


591 


538 


659 


408 


517 


474 


592 


539 


660 


409 


518 


475 


593 


540 


661 


410 


519 


476 


594 


541 


662 


411 


520 


477 


595 


542 


663 


412 


5.21 


478 


596 


543 


664 


413 


522 


479 


597 


544 


665 


414 


523 


480 


598 


545 


666 


415 


524 


481 


• 599 


546 


667 


416 


525 


482 


600 


547 


668 


417 


526 


483 


601 


548 


669 


418 


527 


484 


602 


549 


670 


419 


528 


485 


603 


550 


671 


420 


529 


486 


604 


. 551 


672 


421 


530 


487 


605 


552 


673 


422 


531 


488 


606 


553 


674 


424 


532 


489 


607 


554 


675 


425 


533 


490 


608 


555 


676 


426 


541 


491 


609 


556 


677 


427 


542 


492 


610 


557 


678 


428 


543 


493 


611 


558 


679 


429 


544 


494 


612 1 


559 


680 



xliv 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


560 


681 


625 


770 


714 


859 


561 


682 


626 


771 


715 


860 


562 


683 


627 


772 


716 


861 


563 


684 


628 


773 


717 


862 


564 


685 


629 


774 


718 


863 


565 


686 


630 


775 


719 


864 


566 


* 687 


631 


776 


720 


865 


567 


688 


632 


777 


721 


866 


568 


689 


633 


778 


722 


867 


569 


690 


634 


779 


723 


869 


570 


691 


635 


780 


724 


870 


571 


692 


636 


' 781 


725 


872 


572 


693 


637 


782 


726 


873 


573 


694 


638 


783 


727 


874 


574 


695 


639 


784 


728 


875 


575 


696 


640 


785 


729 


876 


576 


497 


641 


786 


730 


877 


577 


698 


642 


787 


731 


878 


578 


699 


643 


788 


732 


879 


579 


700 


644 


789 


733 


880 


580 


701 


645 


790 


734 


881 


581 


702 


646 


791 


735 


882 


582 


703 


647 


792 


736 


883 


583 


704 


648 


793 


737 


884 


584 


724 


649 


794 


738 


885 


585 


725 


650 


795 


739 


886 


586 


726 


651 


796 


740 


887 


587 


727 


652 


797 


741 


888 


588 


728 


653 


798 


742 


889 


589 


729 


654 


799 


743 


892 


590 


730 


655 


800 


744 


893 


591 


731 


656 


801 


745 


894 


592 


732 


657 


802 


746 


S95 


593 


733 


658 


804 


747 


896 


594 


734 


659 


805 


748 


897 


595 


735 


660 


806 


749 


898 


596 


736 


661 


807 


750 


899 


597 


737 


662 


808 


751 


900 


598 


738 


663 


809 


752 


901 


599 


744 


664 


810 


753 


902 


600 


745 


665 


811 


754 


903 


601 


716 


666 


812 


755 


904 


602 


747 


667 


813 


756 




603 


748 


668 


814 


758 


905 


604 


749 


669 


815 


759 


906 


605 


7"0 


670 


816 


760 


907 


606 


751 


671 


817 


761 


908 


607 


752 


672 


818 


762 


998 


608 


753 


673 


819 


763 


999 


609 


754 


674 


820 


764 


1000 


610 


755 


675 


821 


765 


1001 


611 


756 


676 


822 


766 




612 


7. r 7 


677 


823 


767 


1002 


613 


7^8 


678 


824 


768 


1008 


614 


759 


679 


825 


769 


1009 


615 


760 


680 


826 


770 


1010 


616 


761 


681 


827 


771 


1011 


617 


762 


682 


828 


772 


1012 


618 


763 


683 




773 


1013 


619 


764 


684 




774 


1014 


620 


765 


685 




775 


1015 


621 


766 


686 




776 


1016 


622 


767 


711 


856 


777 


1017 


623 


768 


712 


857 


778 


1018 


624 


769 


713 


858 


779 


1031 



SECTIONS OF CODE OF 1895. 



xlv 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


780 


- i 
1032 


858 


1 
1116 


923 


1186 


781 


1033 


859 


1117 


924 


1187 


782 


1034 


860 • 


1118 


925 


1188 


783 


1035 


861 


1119 


926 


1189 


784 


1036 


862 


1120 


927 


1190 


785 


1037 


863 


1121 


928 


1191 


786 


1038 


864 


1122 


929 


1192 


787 


1039 


865 


1123 


930 


1193 


788 


1040 


866 


1124 


931 


1194 


789 


1041 


867 


1125 


932 


1195 


790 




868 


1126 


933 


1196 


791 




869 


1127 


934 


1197 


792 




870 


1128 


935 


1198 


804 


1042 


871 


1129 


936 


1199 


805 


1043 


872 


1130 


937 


1200 


806 


1044 


873 


1131 


938 




807 


1045 


874 


1132 


939 


1201 


808 


1046 


875 


1133 


940 


1202 


809 


1047 


876 


1134 


941 ' 


1203 


810 


1048 


877 


1135 


942 


1204 


811 


1049 


878 




943 


1205 


812 


1050 


879 


1136 


944 


1206 


814 


1062 


880 


1137 


945 


1207 


815 


1063 


881 


1138 


946 


1208 


816 


1064 


882 


1139 


947 


1209 


817 


1065 


883 


1140 


948 


1210 


818 


1066 


884 


1141 


949 


1211 


819 


1067 


885 


1142 


950 


1212 


820 


1068 


886 


1143 


951 


1218 


821 


1070 


887 


1144 


952 


1219 


822 


1071 


888 


1145 


953 


1220 


823 


1072 


889 


1146 


954 


1221 


824 


1073 


890 


1147 


955 


1222 


825 


1074 


891 


1148 


956 


1223 


826 


1075 


892 


1149 


957 


1224 


828 


1082 


893 


1150 


958 


1225 


829 


1083 


894 


1151 


959 


1226 


830 


1084 


895 


1154 


960 


1227 


831 


1085 


896 


1155 


961 


1228 


832 


1086 


897 


1156 


962 


1229 


833 


1087 


898 


1158 


963 


1230 


834 


1091 


899 


1159 


964 


1231 


835 


1093 


900 


1160 


965 


1232 


836 


1094 


901 


1161 


966 


1233 


837 


1095 


902 


1162 


967 


1234 


838 


1096 


903 


1163 


968 


1235 


839 


1097 


904 


1164 


969 


1236 


840 


1098 


905 


1165 


970 


1237 


841 


1099 


906 


1166 


971 


1238 


842 


1100 


907 


1167 


972 


1239 


843 


1101 


908 


1168 


973 


1240 


844 


1102 


909 




974 


1241 


845 


1103 


910 


1173 


975 


1242 


846 


1104 


911 


1174 


976 


1243 


847 


1105 


912 


1175 


977 


1244 


848 


1106 


913 


1176 


978 


1245 


849 


1107 


914 


1177 


979 


1246 


850 


1108 


915 


1178 


980 


1247 


851 


1109 


916 


1179 


981 


1248 


852 


1110 


917 


1180 


982 


1249 


853 


1111 


918 


1181 


983 


1250 


854 


1112 


919 


1182 


984 


1251 


855 


1113 


920 


1183 


985 


1252 


856 


1114 


921 


1184 


986 


1253 


857 


1115 


922 


1185 


987 


1254 



xlvi 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


988 


1255 


1053 


1320 


1295 


1391 


989 


1256 


1054 


1321 


1296 


1392 


990 


1257 


1055 


1322 


1297 


1393 


991 


1258 


1056 


1323 


1298 


1394 


992 


1259 


1057 


1324 


1299 


1396 


993 


1260 


1058 


1325 


1300 


1397 


994 


1261 


1059 


1326 


1301 


1398 


995 


1262 


1060 


1327 


1302 


1399 


996 


1263 


1061 


1328 


1303 


1400 


997 


1264 


1062 


1329 


1304 


1401 


998 


1265 


1063 


1330 


1305 


1402 


999 


1266 


1064 


1331 


1306 


1403 


1000 


1267 


1065 


1332 


1307 


1404 


1001 


1268 


1066 


1333 


1308 


1405 


1002 


1269 


1067 


1334 


1309 


1406 


1003 


1270 


1068 


1335 


1310 


1407 


1004 


1271 


1069 


1336 


1311 


1408 


1005 


1272 


1070 


1337 


1312 


1409 


1006 


1273 


1071 


1338 


1313 


1410 


1007 


1274 


1072 


1339 


1314 


1411 


1008 


1275 


1073 


1342 


1315 


1412 


1009 


1276 


1074 


1343 


1316 


1413 


1010 


1277 


1075 


1344 


1317 


1414 


1011 


1278 


1076 


1345 


1318 


1415 


1012 


1279 


1077 


1346 


1319 


1416 


1013 


1280 


1078 


1347 


1320 


1417 


1014 


1281 


1079 


1348 


1321 


1418 


1015 


1282 


1080 


1349 


1322 


1419 


1016 


1283 


1081 


1350 


1323 


1420 


1017 


1284 


1082 


1351 


1324 


1421 


1018 


1285 


1083 


1352 


1325 


1422 


1019 


1286 


1084 


1353 


1327 


1423 


1020 


1287 


1085 


1354 


1328 


1424 


1021 


1288 


1086 


1355 


1329 


1425 


1022 


1289 


1087 


1356 


1330 




1023 


1290 


1088 


1357 


1331 


1429 


1024 


1291 


1089 


1358 


1332 


1430 


1025 


1292 


1090 


1359 


1333 


1431 


1026 


1293 


1091 


1360 


1334 




1027 


1294 


1092 


1361 


1335 




1028 


1295 


1093 


1362 


1336 




1029 


1296 


1271 


1363 


1337 




1030 


1297 


1272 


1364 


1338 


1432 


1031 


1298 


1273 


1365 


1339 


1433 


1032 


1299 


1274 


1366 


i3-:o 


1434 


1033 


1300 


1275 


1367 


1341 


1435 


1034 


1301 


1276 


1368 


1342 


1436 


1035 


1302 


1277 


1372 


1343 


1466 


, 1036 


1303 


1278 


1373 


1344 


1467 


, 1037 


1304 


1279 


1374 


1345 


1468 


1038 


1305 


1280 


1375 


1346 


1469 


, 1039 


1306 


1281 


1376 


1347 


1472 


1040 


1307 


1282 


1377 


1348 


1473 


1041 


1308 


1283 


1378 


1349 


1474 


1042 


1309 


1284 


1379 


1350 


1475 


1043 


1310 


1285 


1380 


1351 


1476 


1044 


1311 


1286 


13C1 


1352 


1477 


1045 


1312 


1287 


13C2 


1353 


1478 


1046 


1313 


1288 


1384 


1354 


1479 


1047 


1314 


1289 


1385 


1355 


1480 


1048 


1315 


1290 


1386 


1356 


1481 


1049 


1316 


1291 


1387 


1357 


1482 


1050 


1317 


1292 


1388 


1358 


1483 


1051 


1318 


1293 


1389 


1359 




1052 


1319 


1294 


1390 


1360 





SECTIONS OF CODE OF 1895. 



xlvii 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


1361 




1426 


1592 


1491 


1697 


1362 




1427 


159? 


1492 


1722 


1363 


1484 


1428 


1594 


1493 


1723 


1364 


1485 


1429 


1595 


1494 


1724 


1365 




1430 


1596 


1495 


1725 


1366 


1492 


1431 


1597 


1496 


1726 


1367 




1432 


1598 


1497 


1727 


1368 




1433 


1599 


1498 


1728 


1369 




1434 


1600 


1499 


1729 


1370 


' 1494 


1435 


1601 


1500 




1371 


1498 


1436 


1602 


1502 


1730 


1372 


1499 


1437 


1603 


1503 


1731 


1373 


1500 


1438 


1604 


1511 


1755 


1374 


1501 


1439 


1605 


1512 


1756 


1375 


1502 


1440 


1606 


1513 


1757 


1376 


1506 


1441 


1607 


1514 


1758 


1377 


1508 


1442 


1608 


1515 


1759 


1378 


1509 


1443 


1609 


1516 


1760 


1379 


1510 


1444 


1610 


1517 


1761 


1380 


1511 


1445 


1611 


1518 


1762 


1381 


1512 


1446 




1579 


1800 


1382 


1513 


1447 




1580 


1801 


1383 


1514 


1448 




1581 


1802 


1384 


1515 


1449 


1612 


1582 


1803 


1385 


1516 


1450 


1613 


1583 


1804 


1386 


1517 


1451 


1614 


1584 


1805 


1387 


1518 


1452 


1624 


1585 


1806 


1388 


1519 


1453 


1625 


1586 


1807 


1389 


1520 


1454 


1626 


1587 


1808 


1390 


1521 


1455 


1627 


1588 


1809 


1391 


1522 


1456 


1632 


1589 


1832 


1392 


1523 


1457 


1633 


1590 


1833 


1393 


1524 


1458 


1634 


1591 


1834 


1394 


1525 


1459 


1635 


1592 


1835 


1395 


1526 


1460 


1636 


1593 


1836 


1396 


1527 


1461 


1637 


1594 


1837 


1397 


1529 


1462 


1638 


1595 


1838 


1398 


1530 


1463 


1639 


1596 


1839 


1399 




1464 


1640 


1597 


1840 


1400 




1465 


1641 


1598 


1841 


1401 




1466 


1642 


1599 


1842 


1402 


' 1546 


1467 




1600 


1843 


1403 


1547 


1468 




1601 


1844 


1404 


1548 


1469 


1643 


1602 


1845 


1405 


1549 


1470 


1644 


1603 


1846 


1406 


1551 


1471 


1645 


1604 


1847 


1407 




1472 


1646 


1605 


1848 


1408 




1473 


1647 


1606 


1849 


1409 


1571 


1474 


1648 


1607 


1850 


1410 


1572 


1475 


1649 


1608 


1851 


1411 


1573 


1476 


1655 


1609 


1852 


1412 


1574 


1477 


1682 


1610 


1853 


1413 


1575 


1478 


1683 


1611 


1854 


1414 


1576 


1479 


1684 


1612 


1855 


1415 


1577 


1480 


1685 


1613 


1856 


1416 


1578 


1481 


1686 


1614 


1857 


1417 


1579 


1482 


1687 


1615 


1858 


1418 


1580 


1483 


1688 


1616 


1859 


1419 


1581 


1484 


1689 


1617 


1860 


1420 


1582 


1485 


1690 


1618 


1861 


1421 


1583 


1486 


1691 


1619 


1862 


1422 


1584 


1487 


1693 


1620 


1863 


1423 


1585 


1488 


1694 


1621 


1864 


1424 


1586 


1489 


1695 


1622 


1865 


1425 


1591 


1490 


1696 


1623 


1866 



xlviii 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


1 
Code 1910 


Code 1895 


Code 1910 


1624 




1689 


1935 


1754 


2013 


1625 


1871 


1690 


1936 


1755 


2014 


1626 


1872 


1691 


1937 


1756 


2015 


1627 


1873 


1692 


1938 


1757 


2016 


1628 


1874 


1693 


1939 


1758 


2017 


1629 


1875 


1694 


1940 


1759 


2018 


1630 


1876 


1695 


1941 


1760 


2019 


1631 


1877 


1696 


1942 


1761 


2020 


1632 


1878 


1697 


1943 


1762 


2021 


1633 


1879 


1698 


1944 


1763 


2022 


1634 


1880 


1699 


1945 


1764 


2023 


1635 


1881 


1700 


1946 


1765 


2024 


1636 


1882 


1701 


1947 


1766 


2025 


1637 


1883 


1702 


1948 


1767 


2026 


1638 


1884 


1703 


1949 


1768 


2027 


1639 


1885 


1704 


1950 


1769 


2028 


1640 


1886 


1705 


1951 


1770 


2029 


1641 


1887 


1706 


1952 


1771 


2030 


1642 


1888 


1707 


1953 


1772 


2031 


1643 


1889 


1708 


1954 


1773 


2032 


1644 


1890 


1709 


1955 


1774 


2033 


1645 


1891 


1710 


1956 


1775 


2034 


1646 


1892 


1711 


1957 


1776 


2035 


1647 


1893 


1712 


1963 


1777 


2036 


1648 


1894 


1713 


1964 


1778 


2037 


1649 


1895 


1714 


1965 


1779 


2038 


1650 


1896 


1715 


1966 


1780 


2039 


1651 


1897 


1716 


1967 


1781 


2043 


1652 


1898 


1717 


1968 


1782 


2045 


1653 


1899 


1718 


1969 


1783 


2046 


1654 


1900 


1719 


1970 


1784 


2047 


1655 


1901 


1720 


1971 


1785 


2048 


1656 


1902 


1721 


1972 


1786 


2049 


1657 


1903 


1722 




1787 


2050 


1658 


1904 


1723 


1974 


1788 


2051 


1659 


1905 


1724 


1975 


1789 


2065 


1660 


1906 


1725 


1976 


1790 


2066 


1661 


1907 


1726 


1977 


1791 


2067 


1662 


1908 


1727 


1978 


1792 


2068 


1663 


1909 


1728 


1979 


1793 


2083 


1664 


1910 


1729 


1980 


1794 


2084 


1665 


1911 


1730 


1983 


1795 


2085 


1666 


1912 


1731 


1984 


1796 


2086 


1667 


1913 


1732 


1985 


1797 


2087 


1668 


1914 


1733 


1986 


1798 


2088 


1669 


1915 


1734 


1987 


1799 


2089 


1670 


1916 


1735 


1988 


1800 


2090 


1671 


1917 


1736 


1989 


1801 


2091 


1672 


1918 


1737 




1802 


2159 


1673 


1919 


1738 


1990 


1803 


2160 


1674 


1920 


1739 


1991 


1804 


2161 


1675 


1921 


1740 


1992 


1805 


2162 


1676 


1922 


1741 




1806 


2163 


1677 


1923 


1742 


2001 


1807 


2164 


1678 


1924 


1743 


2002 


1808 


2165 


1679 


1925 


1744 


2003 


1809 


2166 


1680 


1926 


1745 


2004 


1810 


2167 


1681 


1927 


1746 


2005 


1811 


2168 


1682 


1928 


1747 


2006 


1812 


2169 


1683 


1929 


1748 


2007 


1813 


2170 


1684 


1930 


1749 


2008 


1814 


2171 


1685 


1931 


1750 


2009 


1815 


2172 


1686 


1932 


1751 


2010 


1816 


2173 


1687 


1933 


1752 


2011 


1817 


2174 


1688 


1934 


1753 


2012 


1818 


2175 



SECTIONS OF CODE OF 1895. 



xlix 



Code 1895 



Code 1910 Code 1895 



Code 1910 Code 1895 



Code 1910 



1819 


2176 


1884 


2243 


1983 


2364 


1820 


2177 


1885 


2244 


1984 


2365 


1821 


2178 


1886 


2245 


1985 


2366 


1822 


2179 


1887 


2246 


1986 


2367 


1823 


2180 


1888 


2247 


1987 


2368 


1824 


2181 


1889 


2248 


1988 


2369 


1825 


2182 


1890 


2249 


1989 


2370 


1826 


2183 


1891 


2250 


1990 


2371 


1827 


2184 


1892 


2251 


1991 


2372 


1828 


2185 


1893 


2252 


1992 


2373 


1829 


2186 


1894 


2253 


1993 


2374 


1830 


2187 


1895 


2254 


1994 


2375 


1831 


2188 


1896 


2255 


1995 


2376 


1832 


2189 


1897 


2256 


1996 


2377 


1833 


2190 


1898 


2257 


1997 


2378 


1834 


2191 


1899 


2258 


1998 


2379 


1835 


2192 


1900 


2259 


1999 


2380 


1836 


2193 


1901 


2260 


2000 


2381 


1837 


2194 


1902 


2261 


2001 


2382 


1838 


2195 


1903 


2262 


2002 


2383 


1839 


2196 


1904 


2263 


2003 


2384 


1840 


2197 


1905 


2264 


2004 


2385 


1841 


2198 


1906 


2265 


2005 


2386 


1842 


2199 


1907 


2266 


2006 


2387 


1843 


220Q 


1908 


2267 


2007 


2388 


1844 


2201 


1909 


2268 


2008 


2389 


1845 


2202 


1910 


2269 


2009 


2390 


1846 


2203 


1911 


2270 


2010 


2391 


1847 


2204 


1915 


2276 


2011 


2392 


1848 


2205 


1916 


2277 


2012 


2393 


1849 


2206 


1917 


2278 


2013 


2394 


1850 


2207 


1925 


2312 


2014 


2395 


1851 


2215 


1929 


2313 


2015 


2396. 


1852 


2216 


1930 


2314 


2016 


2398 


1853 


2217 


1952 


2328 


2017 


2399 


1854 


2218 


1953 


2329 


2018 


2400 


1855 


2219 


1954 


2?30 


2019 


2401 


1856 


2220 


1955 


2331 


2020 


2402 


1857 


2221 


1956 


2335 


2021 


2403 


1858 


2222 


1957 


2336 


2022 


2404 


1859 


2223 


1958 


2337 


2023 


2405 


1860 


2224 


1959 


2338 


2024 


2406 


1861 


2225 


1960 


2339 


2025 


2407 


1862 


2226 


1961 


2340 


2026 


2408 


1863 


2227 


1962 


2341 


2027 


2409 


1864 


2228 


1963 


2342 


2028 


2410 


1865 


2229 


1964 


2343 


2029 


2411 


1866 


2230 


1965 


2344 


2030 


2412 


1867 


2231 


1966 


2345 


2031 


2413 


1868 


2232 


1967 


2346 


2032 


2414 


1869 


2233 


1968 


2348 


2033 


2415 


1870 


2234 


1969 


2349 


2034 


2418 


1871 


2235 


1970 


2350 


2035 


2419 


1872 


2236 


1971 


2351 


2036 


2420 


1873 




1972 


2352 


2037 


2421 


1874 




1973 


2353 


2038 


2422 


1875 




1974 


2355 


2039 


2423 


1876 




1975 


2356 


2040 


2424 


1877 




1976 


2357 


2041 


2425 


1878 




1977 


2358 


2042 


2426 


1879 


2238 


1978 


2359 


2043 


2427 


1880 


2239 


1979 


2360 


2044 


2433 


1881 


2240 


1980 


2361 


2045 


2434 


1882 


2241 


1981 


2362 


2046 


2435 


1883 


2242 


1982 


2363 


' 2047 


2436 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


1 
Code 1910 


Code 1895 


Code 1910 


2048 


2437 


2126 


2521 


2191 


2632 




2049 


2438 


2127 


2522 


2192 


2633 




2050 


2439 


2128 


2523 


2193 


2638 




2051 


2440 


2129 


2524 


2194 


2639 




2052 


2441 


2130 


2525 


2195 






2053 


2442 


2131 


2526 


2196 






2054 


2443 


2132 


2527 


2197 


2640 




2055 


2444 


2133 


2528 


2198 


2641 




2056 


2445 


2134 


2529 


2199 


2642 




2057 


2446 


2135 


2530 


2200 


2643 




2058 


2447 


2136 


2531 


2201 


2644 




2059 


2448 


2137 


2532 


2202 


2645 




2060 


2449 


2138 


2533 


2203 


2646 




2061 


2450 


2139 


2534 


2204 


2647 




2062 


2456 


2140 


2549 


2205 


2648 




2063 


2457 


2141 


2550 


2206 


2649 




2064 


2458 


2142 


2551 


2207 


2650 




2065 


2459 


2143 


2552 


2208 


2651 




2066 


2460 


2144 


1 2558 


2209 


2652 




2067 


2461 


2145 


2563 


2210 


2653 




2068 


2462 


2146 


2564 


2211 


2654 




2069 


2463 


2147 


2565 


2212 


2655 




2070 


2464 


- 2148 


2566 


2213 


2656 




2071 


2465 


2149 


2567 


2214 


2657 




2085 


2466 


2150 


2568 


2215 


2658 




2086 


2467 


2151 


2569 


2216 


2659 




2087 


2468 


2152 


2570 


2217 


2660 




2088 


2469 


2153 


2571 


2218 


2661 




2089 


2470 


2154 


2572 


2219 






2090 


2472 


2155 


2573 


2220 


2673 




2091 


2473 


2156 


2574 


2221 


2674 




2092 


2474 


2157 


2575 


2222 


2675 




2093 


2475 


2158 


2576 


2223 


2676 




2094 


2476 


2159 


2577 


2224 


2677 




2095 


2477 


2160 


2578 


2225 


2678 




2096 


2478 


2161 


2579 


2226 


2679 




2097 


2479 


2162 


2580 


2227 


2680 




2098 


2480 


2163 


2581 


2228 


2681 




2099 


2481 


2164 


2582 


2229 


2682 




2100 


2482 


2165 


2583 


2230 


2683 




2101 


2483 


2166 


2584 


2231 


2684 




2102 


2484 


2167 


2585 


2232 


2685 




2103 


2485 


2168 


2586 


2233 


2686 




2104 


2486 


2169 


2587 


2234 


2687 




2105 


2487 


2170 


2588 


2235 


2688 




2106 


2488 


2171 


2589 


2236 


2689 




2107 


2489 


2172 


2590 


2237 


2690 




2108 


2490 


2173 


2591 


2238 


2691 




2109 


2544 


2174 


2592 


2239 


2692 




2110 


2545 


2175 


2593 


2240 


2693 




2111 


2546 


2176 


2594 


2241 


2694 




2112 


2547 


2177 


2595 


2242 


2695 




2113 


2548 


2178 


2596 


2243 


2699 




2114 


2496 


2179 


2597 


2244 


2700 




2115 


2497 


2180 


2600 


2245 


2701 




2116 


2498 


2181 


2611 


2246 


2702 




2117 


2499 


2182 


2612 


2247 


2703 




2118 


2500 


2183 


2613 


2248 


2704 




2119 


2501 


2184 


2614 


2249 


2705 




2120 


2515 


2185 




2250 


2706 




2121 


2516 


2186 


2627 


2251 


2707 




2122 


2517 


2187 


2628 


2252 


2708 




2123 


2518 


2188 


2629 


2253 






2124 


2519 


2189 


2630 


2254 






2125 


i 2520 


2190 


2631 


2261 


2709 





SECTIONS OF CODE OF 1895. 



li 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



2262 


2710 


2327 


2791 


2392 


2882 


2263 


2711 


2328 


2792 


2393 


2885 


2264 


2712 


2329 


2793 


2394 


2886 


2265 


2713 


2330 


2794 


2395 


2887 


2266 


2714 


2331 


2795 


2396 


2888 


2267 


2715 


2332 


2796 


2397 


2889 


2268 


2716 


2333 


2797 


2398 


2890 


2269 


2717 


2334 


2798 


2399 


2891 


2270 


2718 


2335 


2799 


2400 


2892 


2271 


2719 


2336 


2800 


2401 


2893 


2272 


2720 


2337 


2801 


2402 


2894 


2273 


2721 


2338 


2802 


2403 


2895 


2274 


2722 


2339 


2803 


2404 


2896 


2275 


2723 


2340 


2804 


2405 


2897 


2276 


2726 


2341 


2805 


2406 


2898 


2277 


2728 


2342 


2806 


2407 


2923 


2278 


2729 


2343 


2807 


2408 


2924 


2279 


2730 


2344 


2808 


2409 


2925 


2280 


2731 


2345 


2809 


2410 


2929 


2281 


2732 


2346 


2810 


2411 


2930 


2282 


2736 


2347 


2811 


2412 


2931 


2283 


2737 


2348 


2814 


2413 


2932 


2284 


2738 


2349 


2822 


2414 


2933 


2285 


2739 


2350 


2823 


2415 


2934 


2286 


2740 


2351 


2824 


2416 


2935 


2287 


2741 


2352 


2825 


2417 


2936 


2288 


2742 


2353 


2826 


2418 


2937 


2289 


2743 


2354 


2827 


2419 


2938 


2290 


2744 


2355 


2828 


2420 


2939 


2291 


2745 


2356 


2829 


2421 


2940 


2292 


2746 


2357 


2830 


2422 


2941 


2293 


2747 


2358 


2831 


2423 


2942 


2294 


2748 


2359 


2832 


2424 


2943 


2295 


2749 


2360 


2833 


2425 


2944 


2296 


2750 


2361 


2834 


2426 


2945 


2297 


2751 


2362 


2835 


2427 


2946 


2298 


2752 


2363 


2836 


2428 


2947 


2299 


2753 


2364 


2837 


2429 


2948 


2300 


2754 


2365 


2838 


2430 


2949 


2301 


2755 


2366 


2839 


2431 


2950 


2302 


2756 


2367 


2840 


2432 


2951 


2303 


2757 


2368 


2841 


2433 


2952 


2304 


2758 


2369 


2842 


2434 


2953 


2305 


2759 


2370 


2843 


2435 


2954 


2306 


2760 


2371 


2844 


2436 


2955* 


2307 


2761 


2372 


2845 


2437 


2956 


2308 


2762 


2373 


2846 


2438 


2957 


2309 


2763 


2374 


2847 


2439 


2958 


2310 


2764 


2375 


2848 


2440 


2959 


2311 


2765 


2376 


2849 


2441 


2960 


2312 


2766 


2377 


2850 


2442 


2961 


2313 


2767 


2378 


2851 


2443 


2962 


2314 


2768 


2379 


2852 


2444 


2963 


2315 


2769 


2380 


2853 


2445 


2964 


2316 


2770 


2381 


2854 


2446 


2965 


2317 


2771 


2382 


2855 


2447 


2966 


2318 


2772 


2383 


2856 


2448 


2967 


2319 


2773 


2384 


2857 


2449 


2968 


2320 


2779 


2385 


2858 


2450 


2969 


2321 


2780 


2386 


2859 


2451 


2970 


2322 


2781 


2387 


2860 


2452 


2971 


2323 


2782 


2388 


2878 


2453 


2972 


2324 


2788 


2389 


2879 


2454 


2973 


2325 


2789 


2390 


2880 


2455 


2974 


2326 


2790 


2391 


2881 


2456 


2975 



lii 



SECTIONS OF CODE OF 1895. 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



2457 


2976 


2522 


3041 


2587 


3106 


2458 


2977 


2523 


3042 


2588 


3107 


2459 


2978 


2524 


3043 


2589 


3108 


2460 


2979 


2525 


3044 


2590 


3109 


2461 


2980 


2526 


3045 


2591 


3110 


2462 


2981 


2527 


3046 


2592 


3111 


2463 


2982 


2528 


3047 


2593 


3112 


2464 


2983 


2529 


3048 


2594 


3113 


2465 


2984 


2530 


3049 


2595 


3114 


2466 


2985 


2531 


3050 


2596 


3115 


2467 


2986 


2532 


3051 


2597 


3116 


2468 


2987 


2533 


3052 


2598 


3117 


2469 


2988 


2534 


3053 


2599 


3118 


2470 


2989 


2535 


3054 


2600 


3119 


2471 


2990 


2536 


3055 


2601 


3120 


2472 


2991 


2537 


3056 


2602 


3121 


2473 


2992 


2538 


3057 


2603 


3122 


2474 


2993 


2539 


3058 


2604 


3123 


2475 


2994 


2540 


3059 


2605 


3124 


2476 


2995 


2541 


3060 


2604 


3125 


2477 


2996 


2542 


3061 


2607 


3126 


2478 


2997 


2543 


3062 


2608 


3127 


2479 


2998 


2544 


3063 


2609 


3128 


2480 


2999 


2545 


3064 


2610 


3129 


2481 


3000 


2546 


3065 


2611 


3130 


2482 


3001 


2547 


3066 


2612 


3131 


2483 


3002 


2548 


3067 


2613 


3132 


2484 


3003 


2549 


3068 


2614 


3133 


2485 


3004 


2550 


3069 


2615 


3137 


2486 


3005 


2551 


3070 


2616 


3138 


2487 


3006 


2552 


3071 


2617 


3139 


2488 


3007 


2553 


3072 


2618 


3140 


2489 


3008 


2554 


3073 


2619 


3141 


2490 


3009 


2555 


3074 


2620 


3142 


2491 


3010 


2556 


3075 


2621 


3150 


2492 


3011 


2557 


3076 


2622 


3151 


2493 


3012 


2558 


3077 


2623 


3152 


2494 


3013 


2559 


3078 


2624 


3153 


2495 


3014 


2560 


3079 


2625 


3154 


2496 


3015 


2561 


3080 


2626 


3155 


2497 


3016 


2562 


3081 


2627 


3156 


2498 


3017 


2563 


3082 


2628 


3157 


2499 


3018 


2564 


3083 


2629 


3158 


2500 


3019 


2565 


3084 


2630 


3159 


2501 


3020 


2566 


3085 


2631 


3160 


2502 


3021 


2567 


3086 


2632 


3161 


2503 


3022 


2568 


3087 


2633 


3162 


2504 


3023 


2569 


3088 


2634 


3163 


2505 


3024 


2570 


3089 


2635 


3164 


2506 


3025 


2571 


3090 


2636 


3165 


2507 


3026 


2572 


3091 


2637 


3166 


2508 


3027 


2573 


3092 


2638 


3167 


2509 


3028 


2574 


3093 


2639 


3168 


2510 


3029 


2575 


3094 


2640 


3169 


2511 


3030 


2576 


3095 


2641 


3170 


2512 


3031 


2577 


3096 


2642 


3171 


2513 


3032 


2578 


3097 


2643 


3172 


2514 


3033 


2579 


3098 


2644 


3173 


2515 


3034 


2580 


3099 


2645 


3174 


2516 


3035 


2581 


3100 


2646 


3175 


2517 


3036 


2582 


3101 


2647 


3176 


2518 


3037 


2583 


3102 


2648 


3177 


2519 


3038 


2584 


3103 


2649 


3178 


2520 


3039 


2585 


3104 


2650 


3179 


2521 


3040 


2586 


3105 


2651 


3180 



SECTIONS OF CODE OF 1895. 



liii 



Code 1895 



Code 1910 



Code 1895 Code 1910 



Code 1895 



Code 1910 



2652 


3181 


2717 


3250 


2782 


3324 


2653 


3182 


2718 


3251 


2783 


3325 


2654 


3183 


2719 


3252 


2784 


3326 


2655 


3184 


2720 


3253 


2785 


3327 


2656 


3185 


2721 


3254 


2786 


3328 


2657 


3186 


2722 


3255 


2787 


3329 


2658 


3187 


2723 


3256 


2788 


3330 


2659 


3188 


2724 


3257 


2789 


3331 


2660 


3189 


2725 


3258 


2790 


3332 


2661 


3190 


2726 


3259 


2791 


3333 


2662 


3191 


2727 


3260 


2792 


3334 


2663 


3192 


2728 


3261 


2793 


3335 


2664 


3193 


2729 


3262 


2794 


3339 


2665 


3194 


2730 


3263 


2795 


3340 


2666 


3195 


2731 


3264 


2796 


3341 


2667 


3196 


2732 


3265 


2797 


3342 


2668 


3197 


2733 


3266 


2798 


3343 


2669 


3198 


2734 


3267 


2799 


3344 


2670 


3199 


2735 


3268 


2800 


3348 


2671 


3200 


2736 


3269 


2801 


3352 


2672 


3201 ' 


2737 


3270 


2802 




2673 


3202 


2738 


3271 


2803 




2674 


3203 


2739 


3272 


2804 


3353 


2675 


3204 


2740 


3273 


2805 


3354 


2676 


3205 


2741 


3274 


2806 


3355 


2677 


3206 


2742 


3275 


2807 


3356 


2678 


3207 


2743 


3276 


2808 


3357 


2679 


3208 


2744 


3277 


' 2809 


3358 


2680 • 


3209 


2745 


3278 


2810 


3360 


2681 


3210 


2746 


3279 


2811 


3361 


2682 


3211 


2747 


3280 


2812 


3362 


2683 


3212 


2748 


3281 


2813 


3363 


2684 


3213 


2749 


3282 


2814 


3364 


2685 


3214 


2750 


3283 


2815 


3365 


2686 


3215 


2751 


3284 


2816 


3366 


2687 


3216 


2752 


3285 


2817 


3367 


2688 


3217 


2753 


3286 


2818 


3368 


2689 


3218 


2754 


3287 


2819 


3369 


2690 


3219 


2755 


3288 


2820 


3370 


2691 


3220 


2756 


3289 


2821 


3371 


2692 


3221 


2757 


3290 


2822 


3372 


2693 


3222 


2758 


3291 


2823 


3373 


2694 


3223 


2759 


3292 


2824 


3374 


2695 


3224 


2760 


3293 


2825 


3375 


2696 


3225 


2761 


3294 


2826 


3376 


2697 


3230 


2762 


3295 


2827 


3377 


2698 


3231 


2763 


3296 


2828 


3378 


2699' 


3232 


2764 


3297 


2829 


3379 


2700 


3233 


2765 


3300 


2830 


3380 


2701 


3234 


2766 


3301 


2831 


3381 


2702 


3235 


2767 


3302 


2832 


3382 


2703 


3236 


2768 


3303 


2833 


3383 


2704 


3237 


2769 


3304 


2834 


3384 


2705 


3238 


2770 


3305 


2835 


3385 


2706 


3239 


2771 


3306 


2836 


3386 


2707 


3240 


2772 


3307 


2837 


3387 


2708 


3241 


2773 


3308 


2838 


3388 


2709 


3242 


2774 


3309 


2839 


3389 


2710 


3243 


2775 


3310 


2840 


3390 


2711 


3244 


2776 


3318 


2841 


3391 


2712 


3245 


2777 


3319 


2842 


3392 


2713 


3246 


2778 


3320 


2843 


3393 


2714 


3247 


2779 


3321 


2844 


3394 


2715 


3248 


2780 


3322 


2845 


3395 


2716 


3249 


2781 


3323 


2846 


3396 



liv 



SECTIONS OF CODE OF 1895. 



Code 1895 



Code 1910 



Code 1895 



Code 1910 Code 1895 



Code 1910 



2847 


3397 


2912 


3485 


2977 


3549 




2848 


3398 


2913 


3486 


2978 


3550 




2849 


3399 


2914 


3487 


2979 


3551 




2850 


3400 


2915 


3488 


2980 


3552 




2851 


3401 


2916 


3489 


2981 


3553 




2852 


3402 


2917 


3490 


2982 


3554 




2853 


3403 


2918 


3491 


2983 


3555 




2854 


3404 


2919 


3492 


2984 


3556 




2855 


3405 


2920 


3493 


2985 


3557 




2856 


3406 


2921 


3494 


2986 


3558 




2857 


3407 


2922 


3495 


2987 


3559 




2858 


3408 


2923 


3496 


2988 


3560 




2859 


3409 


2924 


3497 


2989 


3561 




2860 


3410 


2925 


3498 


2990 


3562 




2861 


3411 


2926 


3499 


2991 


3563 




2862 


3412 


2927 


3500 


2992 


3564 




2863 


3413 


2928 


3501 


2993 


3565 




2864 


3414 


2929 


3502 


2994 


3566 




2865 


3415 


2930 


3503 


2995 


3567 




2866 


3416 


2931 


3504 


2996 


3568 




2867 


3417 


2932 


3505 


2997 


3569 




2868 


3418 


2933 


3506 


2998 


3570 




2869 


3419 


2934 


3507 


2999 


3571 




2870 


3420 


2935 


3508 


3000 


3572 




2871 


3421 


2936 


3509 


3001 


3573 




2872 


3422 


2937 


3510 


3002 


3574 




2873 


3423 


2938 


3511 


3003 


3575 




2874 


3424 


2939 


3512 


3004 


3576 




2875 


3425 


2940 


2513 


3005 


3577 




2876 


3426 


2941 


3514 


3006 


3578 




2877 


3427 


2942 




3007 


3579 




2878 


3428 


2943 


3515 


3008 


3580 




2879 


3429 


2944 


3516 


3009 


3581 




2880 


3430 


2945 


3517 


3010 


3582 




2881 


3431 


2946 


3518 


3011 


3583 




2882 


3432 


2947 


3519 


3012 


3584 




2883 


3433 


2948 


3520 


3013 


3585 




2884 


3434 


2949 


3521 


3014 


3586 




2885 


3435 


2950 


3522 


3015 


3587 




2886 


3436 


2951 


3523 


3016 


3588 




2887 


3437 


2952 


3524 


3017 


3589 




2888 


3438 


2953 


3525 


3018 


3590 




2889 


3439 


2954 


3526 


3019 


3591 




2890 


3440 


2955 


3527 


3020 


3592 




2891 


3441 


2956 


3528 


3021 


3593 




2892 


3442 


2957 


3529 


3022 


3594 




2893 


3443 


2958 


3530 


3023 


3595 




2894 


3467 


2959 


3531 


3024 


3596 




2895 


3468 


2960 


3532 


3025 


3597 




2896 


3469 


2961 


3533 


3026 


3598 




2897 


3470 


2962 


3534 


3027 


3599 




2898 


3471 


2963 


3535 


3028 


3600 




2899 


3472 


2964 


3536 


3029 


3601 




2900 


3473 


2965 


3537 


3030 


3602 




2901 


3474 


2966 


3538 


3031 


3603 




2902 


3475 


2967 


3539 


3032 


3601 




2903 


3476 


2968 


3540 


3033 


3605 




2904 


3477 


2969 


3541 


3034 


3606 




2905 


3478 


2970 


3542 


3035 


3607 




2906 


3479 


2971 


3543 


3036 


3608 




2907 


3480 


2972 


3544 


3037 


3609 




2908 


3481 


2973 


3545 


3038 


3610 




2909 


3482 


2974 


3546 


3039 


3611 




2910 


3483 


2975 


3547 


3040 


3612 




2911 


3484 


! 2976 


3548 


3041 


3613 





SECTIONS OF CODE OF 1895. 



lv 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



3042 


3614 


3107 


3683 


3172 


3755 


3043 


3615 


3108 


3684 


3173 


3756 


3044 


3616 


3109 


3685 


3174 


3757 


3045 


3617 


3110 


3686 


3175 


3758 


3046 


3618 


3111 


3687 


3176 


3759 


3047 


3619 


3112 


3688 


3177 


3760 


3048 


3620 


3113 


3689 


3178 


3761 


3049 


3621 


3114 


3690 


3179 


3762 


3050 


3622 


3115 


3691 


3180 


3763 


3051 


3623 


3116 


3692 


3181 


3764 


3052 


3624 


3117 


3693 


3182 


3766 


3053 


3625 


3118 


3694 


3183 


3767 


3054 


3626 


3119 


3695 


3184 


3768 


3055 


3627 


3120 


3696 


3185 


3769 


3056 


3628 


3121 


3697 


3186 


3770 


3057 


3629 


3122 


3698 


3187 


3771 


3058 


3630 


3123 


3699 


3188 


3772 


3059 


3631 


3124 


3700 


3189 


3773 


3060 


3632 


3125 


3701 


3190 


3774 


3061 


3633 


3126 


3702 


3191 


3775 


3062 


3638 


3127 


3703 


3192 


3776 


3063 


3639 


3128 


3704 


3193 


3777 


3064 


3640 


3129 


3705 


3194 


3778 


3065 


3641 


3130 


3706 


3195 


3779 


3066 


3642 


3131 


3707 


3196 


3780 


3067 


3643 


3132 


3708 


3197 


3781 


3068 


3644 


3133 


3709 


3198 


3782 


3069 


3645 


3134 


3710 


3199 


3783 


3070 


3646 


3135 


3711 


3200 


3784 


3071 


3647 


3136 


3716 


3201 


3785 


3072 


3648 


3137 


3717 


3202 


3786 


3073 


3649 


3138 


3718 


3203 


3787 


3074 


3650 


3139 


3719 


3204 


3788 


3075 


3651 


3140 


3720 


3205 


3789 


3076 


3652 


3141 


3721 


3206 


3790 


3077 


3653 


3142 


3722 


3207 


3791 


3078 


3654 


3143 


3723 


3208 


3796 


3079 


3655 


3144 


3724 


3209 


3797 


3080 


3656 


3145 


3725 


3210 


3798 


3081 


3657 


3146 


3726 


3211 


3799 


3082 


3658 


3147 


3727 


3212 


3800 


3083 


3659 


3148 


3728 


3213 


3801 


3084 


3660 


3149 


3729 


3214 


3802 


3085 


3661 


3150 


3730 


3215 


3803 


3086 


3662 


3151 


3731 


3216 


3804 


3087 


3663 


3152 


3732 


3217 


3805 


3088 


2664 


3153 


3733 


3218 


3806 


3089 


3665 


3154 


3734 


3219 


3807 


3090 


3666 


3155 


3735 


3220 


3808 


3091 


3667 


3156 


3736 


3221 


3809 


3092 


3668 


3157 


3737 


3222 


3810 


3093 


3669 


3158 


3738 


3223 




3094 


3670 


3159 


3739 


3224 




3095 


3671 


3160 


3740 


3225 




3096 


3672 


3161 


3741 


3226 




3097 


3673 


3162 


3742 


3227 




3098 


3674 


3163 


3743 


3228 




3099 


3675 


3164 


3744 


3229 




3100 


3676 


3165 


3745 


3230 




3101 


3677 


3166 


3746 


3231 




3102 


3678 


3167 


3750 


3232 




3103 


3679 


3168 


3751 


3233 




3104 


3680 


3169 


3752 


3234 




3105 


3681 


3170 


3753 


3235 




3106 


3682 


3171 


3754 


3236 





lvi 



SECTIONS OF CODE OF 1895. 



Code 1895 



Code 1910 




Code 1910 




Code 1910 



3237 


3811 


3302 


3876 


3367 


3943 


3238 


3812 


3303 


3877 


3368 


3944 


3239 


3813 


3304 


3878 


3369 


3945 


3240 


3814 


3305 


3879 


3370 


3946 


3241 


3815 


3306 


3880 


3371 


3947 


3242 


3816 


3307 


3883 


3372 


3948 


3243 


3817 


3308 


3884 


3373 


3949 


3244 


3818 


3309 


3885 


3374 


3950 


3245 


3819 


3310 


3886 


3375 


3951 


3246 


3820 


3311 


3887 


3376 


3952 


3247 


3821 


3312 


3888 


3377 


3953 


3248 


3822 


3313 


3889 


3378 


3954 


3249 


3823 


3314 


3890 


3379 


3955 


3250 


3824 


3315 


3891 


3380 


3956 


3251 


3825 


3316 


3892 


3381 


3957 


3252 


3826 


3317 


3893 


3382 


3958 


3253 


3827 


3318 


3894 


3383 


3959 


3254 


3828 


3319 


3895 


3384 


3960 


3255 


3829 


3320 


3896 


3385 


3961 


3256 


3830 


3321 


3897 


3386 


3962 


3257 


3831 


3322 


3898 


3387 


3963 


3258 


3832 


3323 


3899 


3388 


3964 


3259 


3833 


3324 


3900 


3389 


3965 


3260 


3834 


3325 


3901 


3390 


3966 


3261 


3835 


3326 


3902 


3391 


3967 


3262 


3836 


3327 


3903 


3392 


3968 


3263 


3837 


3328 


3904 


3393 


3969 


3264 


3838 


3329 


3905 


3394 


3970 


3265 


3839 


3330 


3906 


3395 


3971 


3266 


3840 


3331 


3907 


3396 


3972 


3267 


3841 


3332 


3908 


3397 


3973 


3268 


3842 


3333 


3909 


3398 


3974 


3269 


3843 


3334 


3910 


3399 


3975 


3270 


3844 


3335 


3911 


3400 


3976 


3271 


3845 


3336 


3.912 


3401 


3977 


3272 


3846 


3337 


3913 1 


3402 


3978 


3273 


3847 


3338 


3914 


3403 


3979 


3274 


3848 


3339 


3915 


3404 


3980 


3275 


3849 


3340 


3916 


3405 


3981 


3276 


3850 


3341 


3917 


3406 


3982 


3277 


3851 


3342 


3918 


1 3407 


3983 


3278 


3852 


3343 


3919 


3408 


3984 


3279 


3853 


3344 


3920 


3409 


3985 


3280 


3854 


3345 


3921 


3410 


3986 


3281 


3855 


3346 


3922 


3411 


3987 


3282 


3856 


3347 


3923 


3412 


3988 


3283 


3857 


3348 


3924 


3413 


3989 


3284 


3858 


3349 


3925 


3414 


3990 


3285 


3859 


3350 


3926 


3415 


3991 


3286 


3860 


3351 


3927 


3416 


3992 


3287 


3861 


3352 


3928 


3417 


3993 


3288 


3862 


3353 


3929 


3418 


3994 


3289 


3863 


3354 


3930 


3419 


3995 


3290 


3864 


3355 


3931 


3420 


39% 


3291 


3865 


3356 


3932 


3421 


3997 


3292 


3866 


3357 


3933 


3422 


3998 


3293 


3867 


3358 


3934 


3423 


3999 


3294 


3868 


3359 


3935 


3424 


4000 


3295 


3869 


3360 


3936 


3425 


4001 


3296 


3870 


3361 


3937 


3426 


4002 


3297 


3871 


3362 


3938 


3427 


4003 


3298 


3872 


3363 


3939 


3428 


4004 


3299 


3873 


3364 


3940 


3429 


4005 


3300 


3874 


3365 


3941 


3430 


4006 


3301 


3875 


3366 


3942 


3431 


4007 



SECTIONS OF CODE OF 1895. 



lvii 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


. 3432 


4008 


3497 


4077 


3562 


4142 


3433 


4009 


3498 


4078 


3563 


4143 


3434 


4010 


' 3499 


4079 


3564 


4144 


3435 


4011 


3500 


4080 


3565 


4145 


3436 


4012 


3501 


4081 


3566 


4146 


3437 


4013 


3502 


4082 


3567 


4147 


3438 


4014 


3503 


4083 


3568 


4148 


3439 


4015 


3504 


4084 


3569 


4149 


3440 


4016 


3505 


4085 


3570 


4150 


3441 


4017 


3506 


4086 


3571 


4151 


3442 


4018 


3507 


4087 


3572 


4152 


3443 


4019 


3508 


4088 


3573 


4153 


3444 


4020 


3509 


4089 


3574 


4154 


3445 


4021 


3510 


4090 


3575 


4155 


3446 


4022 


3511 


4091 


3576 


4156 


3447 


4023 


3512 


4092 


3577 


4157 


3448 


4024 


3513 


4093 


. 3-578 


4158 


3449 


4025 


3514 


4094 


3579 


4159 


3450 


4026 


3515 


4095 


3580 


4160 


3451 


4027 


3516 


4096 


3581 


4161 


3452 


4028 


3517 


4097 


3582 


4162 


3453 


4029 


3518 


4098 


3583 


4163 


UH 


4030 


3519 


4099 


3584 


4164 


3455 


4031 


3520 


4100 


3585 


4165 


3456 


4032 


3521 


4101 


3586 


4166 


3457 


4033 


3522 


4102 


3587 


4167 


3458 


4034 


3523 


4103 


3588 


4168 


34159 


4035 


3524 


4104 


3589 


4169 


3460 


4036 


3525 


4105 


3590 


4170 


3461 


4037 


3526 


4106 


3591 


4171 


3462 


4038 


3527 


4107 


3592 


4172 


3463 


4039 


3528 


4108 


3593 


4173 


3464 


4040 


352v9 


4109 


3594 


4174 


3465 


4041 


3530 


4110 


3595 


4175 


3466 


4042 


3531 


4111 


3596 


4176 


3467 


4043 


3532 


4112 


3597 


4177 


3468 


4044 


3533 


4113 


3598 


4178 


3469 


4045 


3534 


4114 


3599 


4179 


3470 


4046 


3535 


4115 


3600 


4180 


3471 


4047 


3536 


4116 


3601 


4181 


3472 


4048 


3537 


4117 


3602 


4182 


3473 


4051 


3538 


4118 


3603 


4183 


3474 


4052 


3539 


4119 


3604 


4184 


3475 


4053 


3540 


4120 


3605 


4185 


3476 


4054 


3541 


4121 


3606 


4186 


3477 


4055 


3542 


4122 


3607 


4187 


3478 


4056 


3543 


4123 


3608 


4188 


3479 


4057 


3544 


4124 


3609 


4189 


3480 


4058 


3545 


4125 


3610 


4190 


3481 


4059 


3546 


4126 


3611 


4191 


3482 


4060 


3547 


4127 


3612 


4192 


3483 


4061 


3548 


4128 


3613 


4193 


3484 


4062 


3549 


4129 


3614 


4194 


3485 


4063 


3550 


4130 


3615 


4195 


3486 


4064 


355i 


4131 


3616 


4196 


3487 


4065 


3552 


4132 


3617 


4197 


3488 


4066 


3553 


4133 


3618 


4198 


3489 


4067 


3554 


4134 


3619 


4199 


3490 


4068 


3555 


4135 


3620 


4202 


3491 


4069 


3556 


4136 


3621 


4203 


3492 


4070 


3557 


4137 


3622 


4204 


3493 


4073 


3558 


4138 


3623 


4205 


3494 


4074 


3559 


4139 


3624 


4206 


3495 


4075 


3560 


4140 


3625 


4207 


3496 


4076 


3561 


4141 


3626 


4208 



lviii 



SECTIONS OF CODE OP 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


3627 


4209 


3693 


4285 


3758 


4352 




3628 


4210 


3694 


4286 


3759 


4353 




3629 


4211 


3695 


4287 


3760 


4354 




3630 


4212 


3696 


4288 


3761 


4355 




3631 


4216 


3697 


4289 


3762 


4356 




3632 


4217 


3698 


4290 


3763 


4357 




3633 


4218 


3699 


4291 


3764 


4358 ' 




3634 


4219 


3700 


4292 


3765 


4359 




3635 


4220 


3701 


4295 


3766 


4360 




3636 


4221 


3702 


4296 


3767 


4361 




3637 


4222 


3703 


4297 


3768 


4362 




3638 


4223 


3704 


4298 


3769 


4363 




3639 


4224 


3705 


4299 


3770 


4364 




3640 


4225 


3706 


4300 


3771 


4365 




3641 


4226 


3707 


4301 


3772 


4366 




3642 


4227 


3708 


4302 


3773 


4367 




3643 


4228 


3709 


4303 


3774 


4368 




3644 


4229 


3710 


4304 


3775 


4369 




3645 


4230 


3711 


4305 


3776 


4370 




3646 


4231 


3712 


4306 


3777 


4371 




3647 


4232 


3713 


4307 


3778 


4373 




3648 


4233 


3714 


4308 


3779 


4374 




3649 


4234 


3715 


4309 


3780 


4375 




3650 


4235 


3716 


4310 


3781 


4376 




3651 


4236 


3717 


4311 


3782 


4377 




3652 


4237 


3718 


4312 


3783 


4378 




3653 


4238 


3719 


4313 


3784 


4379 




3654 


4239 


3720 


4314 


3785 


4380 




3655 


4340 


3721 


4315 


3786 


4381 




3656 


4241 


3722 


4316 


3787 


4382 




3657 


4242 


3723 


4317 


3788 


4383 




3658 


4243 


3724 


4318 


3789 


4385 




3659 


4244 


3725 


4319 


3790 


4386 




3660 


4245 


3726 


4320 


3791 


4387 




3661 


4246 


3727 


4321 


3792 


4388 




3662 


4247 


3728 


4322 


3793 


4389 




3663 


4248 


3729 


4323 


3794 


4390 




3664 


4249 


3730 


4324 


3795 


4391 




3665 


4250 


3731 


4325 


3796 


4392 




3666 


4251 


3732 


4326 


3797 


4393 




3667 


4252 


3733 


4327 


3798 


4394 




3668 


4253 


3734 


4328 


3799 


4395 




3669 


4254 


3735 


4329 


3800 


4396 




3670 


4255 


3736 


4330 


3801 


4397 




3671 


4256 


3737 


4331 


3802 


4398 




3672 


4265 


3738 


4332 


3803 


4399 




3673 


4266 


3739 


4333 


3804 


4400 




3674 


4267 


3740 


4334 


3805 


4401 




3675 


4268 


3741 


4335 


3806 


4402 




3676 


4269 


3742 


4336 


3807 


4403 




3677 


4270 


3743 


4337 


3808 


4404 




3678 


4271 


3744 


4338 


3809 


4405 




3679 


4272 


3745 


4339 


3810 


1406 




3681 


4273 


3746 


4340 


3811 


4407 




3682 


4274 


3747 


4341 


3812 


4408 




3683 


4275 


3748 


4342 


3813 


4409 




3684 


4276 


3749 


4343 


3814 


4410 




3685 


4277 


3750 


4344 


3815 


4411 




3686 


4278 


3751 


4345 


3816 


4412 




3687 


4279 


3752 


4346 


3817 


4413 




3688 


4280 


3753 


4347 


3818 


4414 




3689 


4281 


3754 


4348 


3819 


4415 




0690 


4282 


3755 


4349 


3820 


4416 




3691 


4283 


3756 


4350 


3821 


4417 




3692 


4284 


3757 


4351 


1 3822 


4418 





SECTIONS OF CODE OF 1895. 



lix 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


3823 


4419 


3888 


4485 


3953 


4550 


3824 


4420 


3889 


4486 


3954 


4551 


3825 


4421 


3890 


4487 


3955 


4552 


3826 


4422 


3891 


4488 


3956 


4553 


3827 


4423 


3892 


4489 


3957 


4554 


3828 


4424 


3893 


4490 


3958 


4555 


3829 


4425 


3894 


4491 


3959 


4556 


3830 


4426 


3895 


4492 


3960 


4557 


3831 


4427 


3896 


4493 


3961 


4558 


3832 


4428 


3897 


4494 


3962 


4559 


3833 


4429 


3898 


4495 


3963 


4560 


3834 


4430 


3899 


4496 


3964 


4561 


3835 


4431 


3900 


4497 


3965 


4562 


3836 


4432 


3901 


4498 


3966 


4563 


3837 


4433 


3902 


4499 


3967 


4564 


3838 


4434 


3903 


4500 


3968 


4565 


3839 


4435 


3904 


4501 


3969 


4566 


3840 


4436 


3905 


4502 


3970 


4567 


3841 


4437 


3906 


4503 


3971 


4568 


3842 


4438 


3907 


4504 


3972 


4569 


3843 


4439 


3908 


4505 


3973 


4570 


3844 


4440 


3909 


4506 


3974 


4571 


3845 


4441 


3910 


4507 


3975 


4572 


3846 


4442 


3911 


4508 


3976 


4573 


3847 


4443 


3912 


4509 


3977 


4574 


3848 


4444 


3913 


4510 


3978 


4575 


3849 


4445 


3914 


4511 


3979 


4576 


3850 


4446 


3915 


4512 


3980 


4577 


3851 


4447 


3916 


4513 


3981 


4578 


3852 


4448 


3917 


4514 


3982 


4579 


3853 


4449 


3918 


4515 


3983 


4580 


3854 


4450 


3919 


4516 


3984 


4581 


3855 


4451 


3920 
3921 


4517 


3985 


4582 


3856 


4452 


4518 


3986 


4583 


3857 


4453 


3922 


4519 


3987 


4584 


3858 


4454 


3923 


4520 


3988 


4585 


3859 


4455 


3924 


4521 


3989 


4586 


3860 


4456 


3925 


4522 


3990 


4587 


3861 


4457 


3926 


4523 


3991 


4588 


3862 


4458 


3927 


4524 


3992 


4589 


3863 


4459 


3928 


4525 


3993 


4590 


3864 


4460 


3929 


4526 


3994 


4591 


3865 


4461 


3930 


4527 


3995 


4592 


3866 


4462 


3931 


4528 


3996 


4593 


3867 


4463 


3932 


4529 


3997 


4594 


3868 


4464 


3933 


4530 


3998 


4595 


3869 


4465 


3934 


4531 


3999 


4596 


3870 


4466 


3935 


4532 


4000 


4597 


3871 


4467 


3936 


4533 


4001 


4598 


3872 


4468 


3937 


4534 


4002 


4599 


3873 


4469 


3938 


4535 


4003 


4600 


3874 


4470 


3939 


4536 


4004 


4601 


3875 


4471 


3940 


4537 


4005 


4602 


3876 


4472 


3941 


4538 


4006 


4603 


3877 


4473 


3942 


4539 


4007 


4604 


3878 


4474 


3943 


4540 


4008 


4605 


3879 


4475 


3944 


4541 


4009 


4606 


3880 


4476 


3945 


4542 


4010 


4607 


3881 


4477 


3946 


4543 


4011 


4608 


3882 


4478 


3947 


4544 


4012 


4609 


3883 


4479 


3948 


4545 


4013 


4610 


3884 


4480 


3949 


4546 


4014 


4611 


3885 


4481 


3950 


4547 


4015 


4612 


3886 


4482 


1 3951 


4548 


4016 


4613 


3887 


4483 


3952 


4549 


4017 


4614 



lx 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


4018 


4615 


4083 


4680 


4148 


4748 


4019 


4616 


4084 


4681 


4149 


4749 


4020 


4617 


4085 


4682 


4150 


4750 


4021 


4618 


4086 


4683 


4151 


4751 


4022 


4619 


4087 


4684 


4152 


4752 


4023 


4620 


4088 


4685 


4153 


4753 


4024 


4621 


4089 


4686 


4154 


4754 


4025 


4622 


4090 


4687 


4155 


4755 


4026 


4623 


4091 


4688 


4156 


4756 


4027 


4624 


4092 


4689 


4157 


4757 


4028 


4625 


4093 


4690 


4158 


4758 


4029 


4626 


4094 


4691 


4159 


4759 


4030 


4627 


4095 


4692 


4160 


4760 


4031 


4628 


4096 


4693 


4161 


4761 


4032 


4629 


4097 


4694 


4162 


4762 


4033 


4630 


4098 


4695 


4163 


4763 


4034 


4631 


4099 


4696 


4164 


4764 


4035 


4632 


4100 


4697 


4165 


4765 


4036 


4633 


4101 


4698 


4166 


4766 


4037 


4634 


4102 


4699 


4167 


4767 


4038 


4635 


4103 


4700 


4168 


4768 


4039 


4636 


4104 


4701 


4169 


4769 


4040 


4637 


4105 


4702 


4218 


4776 


4041 


4638 


4106 


4703 


4219 


4777 


4042 


' 4639 


4107 


4704 


4220 


4778 


4043 


4640 


4108 


4705 


4221 


4779 


4044 


4641 


4109 


4706 


4222 


4780 


4045 


4642 


4110 


4709 


4223 


4781 


4046 


4643 


4111 


4710 


4224 


4782 


4047 


4644 


4112 


4711 


4225 


4783 


4048 


4645 


4113 


4712 


4226 


4784 


4049 


4646 


4114 


4713 


4227 


4785 


4050 


4647 


4115 


4714 . 


4228 


4786 


4051 


4648 


4116 


4715 


4229 


4787 


4052 


4649 


4117 


4716 


4230 


4788 


4053 


4650 


4118 


4717 1 


4231 


4789 


4054 


4651 


4119 


4718 


4232 


4790 


4055 


4652 


4120 


4719 


4233 


4791 


4056 


4653 


4121 


4720 


4234 


4792 


4057 


4654 


4122 


4721 


4235 


4793 


4058 


4655 


4123 


4722 


4236 


4794 


4059 


4656 


4124 


4723 


4237 


4795 


4060 


4657 


4125 


4724 


4238 


4796 


4061 


4658 


4126 


4725 


4239 


4797 


4062 


4659 


4127 


4726 


4240 


4798 


4063 


4660 


4128 


4727 


4241 


4799 


4064 


4661 


4129 


4729 


4242 


4800 


4065 


4662 


4130 


4730 


4243 


4801 


4066 


4663 


4131 


4731 


4244 


4802 


4067 


4664 


4132 


4732 


4245 


4803 


4068 


4665 


4133 


4733 


4246 


4804 


4069 


4666 


4134 


4734 


4247 


4805 


4070 


4667 


4135 


4735 


4248 


4806 


4071 


4668 


4136 


4736 


4249 


4807 


4072 


4669 


4137 


4737 


4250 


4808 


4073 


4670 


4138 


4738 


4251 


4809 


4074 


4671 


4139 


4739 


4252 


4810 


4075 


4672 


4140 


4740 


4253 


4811 


4076 


4673 


4141 


4741 


4254 


4812 


4077 


4674 


4142 


4742 


4255 


4813 


4078 


4675 


4143 


4743 


4256 


4814 


4079 


4676 


4144 


4744 


4257 


4815 


4080 


4677 


4145 


4745 


4258 


4816 


4081 


4678 


4146 


4746 


4259 


4817 


4082 


4679 


4147 


4747 


4260 


4818 



SECTIONS OF CODE OF 1895. 



lxi 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


4261 


4819 


4367 


4898 


4439 


4977 


4262 


4820 


4368 


4902 


4440 


4978 


4263 


4821 


4369 


4903 


4441 


4979 


4264 


4822 


4370 


4904 


4442 


4980 


4265 


4823 


4371 


4905 


4443 


4981 


4266 


4824 


4372 


4906 


4444 


4982 


4267 


4825 


4373 


4907 


4445 


4983 


4268' 


4826 


4374 


4908 


4446 


4984 


4269 


4827 


4375 


4909 


4447 


4985 


4311 


4835 


4376 


4910 


4448 


4986 


4312 


4836 


4377 


4911 


4449 


4992 


4313 


4837 


4378 


4912 


4450 


4993 


4314 


4838 


4379 


4913 


4451 


4994 


4315 


4839 


4380 


4914 


4452 


4997 


4316 


4845 


4381 


4915 


4453 


4998 


4317 


4846 


4382 


4916 


4454 


4999 


4314 


4847 


4383 


4917 


4455 


5000 


4319 


4848 


4384 


4918 


4456 


5001 


4320 


4849 


4385 


4919 


4457 


5002 


4321 


4850 


4386 


4920 


4458 


5003 


4322 


4851 


4387 


4921 


4459 


5004 


4323 


4852 


4388 


4922 


4460 


5005 


4324 


4853 


4389 


4923 


4461 


5006 


4325 


4854 


4390 


4924 


4462 


5007 


4326 


4855 


4391 


4925 


4463 


5008 


4327 


4856 


4392 


4926 


4464 


5009 


4328 


4857 


4393 


4927 


4465 


5010 


4329 


4858 


4394 


4928 


4466 


5011 


4330 


4859 


4395 


4929 


4467 


5012 


4331 


4860 


4396 


4930 


4468 


5013 


4332 


4861 


4397 


4931 


4469 


5014 


4333 


4862 


4398 


4933 


4470 


5015 


4334 


4863 


4399 


4933 


4471 


5016 


4335 


4866 


4107 


4945 


4472 


5017 


4336 


4867 


4408 


4946 


4473 


5018 


4337 


4868 


4409 


4947 


4474 


5019 


4333 


4869 


4410 


4948 


4475 


5020 


4339 


4870 


4411 


4949 


4476 


5021 


4340 


4871 


4412 


4950 


4477 


5022 


4341 


4872 


4413 


4951 


4478 


5023 


4342 


4873 


4414 


4952 


4479 


5024 


4343 


4874 


4415 


4953 


4480 


5025 


4344 


4875 


4416 


4954 


4481 


5026 


4345 


4876 


4417 


4955 


4482 


5027 


4346 


4877 


4418 


4956 


4483 


5028 


4347 


4878 


4419 


4957 


4484 


5029 


4348 


4879 


4420 


4958 


4485 


5030 


4349 


4880 


4421 


4959 


4486 


5031 


4350 


4881 


4422 


4960 


4487 


5032 


4351 


4882 


4423 


4961 


4488 


5033 


4352 


4883 


4424 


4962 


4489 


5034 


4353 


4884 


4425 


4963 


4490 


5035 


4354 


4885 


4426 


4964 


4491 


5036 


4355 


4886 


4427 


4965 


4492 


5037 


4356 


4887 


4428 


4966 


4493 


5038 


4357 


4888 


4429 


4967 


4494 


5039 


4358 


4889 


4430 


4968 


4495 


5040 


4359 


4890 


4431 


4969 


4496 


5041 


4360 


4891 


4432 


4970 


4497 


5042 


4361 


4892 


4433 


4971 


4498 


5043 


4362 


4893 


4434 


4972 


4499 


5044 


4363 


4894 


4435 


4973 


4500 


5045 


4364 


4895 


4436 


4974 


4501 


5046 


4365 


4896 


4437 


4975 


4502 


5047 


4366 


4897 


4438 


4976 


4503 


5048 



lxii 



SECTIONS OP CODE OP 1895. 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



4504 


5049 


4569 


5115 


4634 


5180 


4505 


5050 


4570 


5116 


4635 


5181 


4506 


5051 


4571 


5117 


4636 


5182 


4507 


5052 


4572 


5118 


4637 


5183 


4508 


5053 


4573 


5119 


4638 


5184 


4509 


5054 


4574 


5120 


4639 


5185 


4510 


5055 


4575 


5121 


4640 


5186 


4511 


5056 


4576 


5122 


4641 


5187 


4512 


5057 


4577 


5123 


4642 


5188 


4513 


5058 


4578 


5124 


4643 


5189 


4514 


5059 


4579 


5125 


4644 


5190 


4515 


5060 


4580 


5126 


4645 


5191 


4516 


5061 


4581 


5127 


4646 


5195 


4517 


5062 


4582 


5128 


4647 


5196 


4518 • 


5063 


4583 


5129 


4648 


5197 


4519 


5064 


4584 


5130 


4649 


5198 


4520 


5065 


4585 


5131 


4650 


5199 


4521 


5066 


4586 


5132 


4651 


5200 


4522 


5067 


4587 


5133 


4652 


5201 


4523 


5068 


4588 


5134 


4653 


5202 


4524 


5069 


4589 


5135 


4654 


5203 


4525 


5070 


4590 


5136 


4655 


5204 


4526 


5071 


4591 


5137 


4656 


5205 


4527 


5072 


4592 


5138 


4657 


5206 


4528 


5073 


4593 


5139 


4658 


5207 


4529 


5074 


4594 


5140 


4659 


5208 


4530 


5075 


4595 


5141 


4660 


5209 


4531 


5076 


4596 


5142 


4661 


5210 


4532 


5077 


4597 


5143 


4662 


5211 


4533 


5078 


4598 


5144 


4663 


5212 


4534 


5079 


4599 


5145 


4664 


5213 


4535 


508® 


4600 


5146 


4665 


5214 


4536 


5081 


4601 


5147 


4666 


5215 


4537 


5082 


4602 


5148 


4667 


5216 


4538 


5083 


4603 


5149 


4668 


5217 


4539 


5084 


4604 


5150 


4669 


5218 


4540 


5085 


4605 


5151 


4670 


5219 


4541 


5086 


4606 


5152 


4671 


5220 


4542 


5087 


4607 


5153 


4672 


5221 


4543 


5088 


4608 


5154 


4673 


5223 


4544 


5089 


4609 


5155 


4674 


5224 


4545 


5090 


4610 


5156 


4675 


5225 


4546 


5091 


4611 


5157 


4676 


5226 


4547 


5092 


4612 


5158 


4677 


5227 


4548 


5093 


4613 


5159 


4678 


5228 


4549 


5094 


4614 


5160 


4679 


5229 


4550 


5096 


4615 


5161 


4680 


5230 


4551 


5097 


4616 


5162 


4681 


5231 


4552 


5098 


4617 


5163 


4682 


5232 


4553 


5199 


4618 


5164 


4683 


5233 


4554 


5100 


4619 


5165 


4684 


5234 


4555 


5101 


4620 


5166 


4685 


5235 


4556 


5102 


4621 


5167 


4687 


5247 


4557 


5103 


4622 


5168 


4688 


5248 


4558 


5104 


4623 


5169 


4689 


5249 


4559 


5105 


4624 


5170 


4690 


5250 


4560 


5106 


4625 


5171 


4691 


5251 


4561 


5107 


4626 


5172 


4692 


5252 


4562 


5108 


4627 


5173 


4693 


5253 


4563 


5109 


4628 


5174 


4694 


5254 


4564 


5110 


4629 


5175 


4695 


5255 


4565 


5111 


4630 


5176- 


4696 


5256 


4566 


5112 


4631 


5177 


4697 


5257 


4567 


5113 


4632 


5178 


4698 


5258 


4568 


5114 


4633 


5179 


4699 


5259 



SECTIONS OF CODE OF 1895. 



lxiii 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



4700 


5260 


4765 


5334 


4830 


5402 


4701 


5261 


4766 


5338 


4831 


5403 


4702 


5262 


4767 


5339 


4832 


5404 


4703 


5263 


4768 


5340 


4833 


5406 


4704 


5264 


4"69 


5341 


4834 


5407 


4705 


5265 


47 '0 


5342 


4 35 


5408 


4706 


5266 


4771 


5343 


4836 


5409 


4707 


5267 


4772 


5344 


4837 


5410 


47(8 


5268 


4773 


5345 


4838 


5411 


4709 


5269 


4774 


5346 


4839 


5412 


4710 


5270 


4775 


5347 


4840 


5413 


4711 


5271 


4776 


5348 


4841 


5414 


4712 


5272 


4777 


5349 


4842 


5415 


4713 


5275 


4778 


5350 


4813 


5416 


4714 


5276 


4779 


5351 


4844 


5417 


4715 


5277 


4780 


5352 


4845 


5418 


4716 


5278 


4 81 


5*53 


4846 


5419 


4717 


5279 


4782 


5354 


4847 


5420 


4718 


5280 


4783 


5355 


4848 


5421 


4719 


5281 


4784 


5356 


4849 


5422 


4720 


5282 


4785 


5357 


4850 


5423 


4721 


5283 


4786 


5358 


4851 


5424 


4722 


5288 


4787 


5359 


4852 


5425 


4723 


5289 


4788 


5360 


4853 


5426 


4724 


5290 


4789 


5361 


4854 


5427 


4725 


5291 


4790 


5362 


4855 


5428 


4726 


5292 


4791 


5363 


4856 


5429 


4727 


5293 


4792 


5364 


4857 


5430 


4728 


5294 


4793 


5365 


4858 


5431 


4729 


5295 


4794 


5366 


4859 


5432 


4730 


5296 


4795 


5367 


4860 


5433 


4731 


5297 


4796 


5368 


4861 


5434 


4732 


5298 


4797 


5369 


4862 


5435 


4733 


5302 


4798 


5370 


4863 


5436 


4734 


5303 


4799 


5371 


4864 


5437 


4735 


5304 


4800 


5372 


4865 


5438 


4736 


5305 


4801 


5373 


4866 


5439 


4737 


5306 


4802 


5374 


4867 


5440 


4738 


5307 


4803 


5375 


4868 


5441 


4739 


5308 


4804 


5376 


4869 


5442 


4740 


5309 


4805 


5377 


4870 


5443 


4741 


5310 


4806 


5378 


4871 


5444 


4742 


5311 


4807 


5379 


4872 


5445 


4743 


5312 


4808 


5380 


4873 


5446 


4744 


5313 


4809 


5381 


4874 


5447 


4745 


5314 


4810 


5382 


4875 


5448 


4746 


5315 


4811 


5383 


4876 


5449 


4747 


5316 


4812 


5384 


4877 


5450 


4748 


5317 


4813 


5385 


4878 . 


5451 


4749 


5318 


4814 


5386 


4879 


5452 


4750 


5319 


4815 


5387 


4880 


5453 


4751 


5320 


4816 


5388 


4881 


5454 


4752 


5321 


4817 


5389 


4882 


5455 


4753 


5322 


4818 


5390 


4883 


5456 


4754 


5323 


4819 


5391 


4884 


5457 


4755 


5324 


4820 


5392 


4885 


5458 


4756 


5325 


4821 


5393 


4886 


5459 


4757 


5326 


4822 


5394 


4887 


5460 


4758 


5327 


4823 


5395 


4888 


5461 


4759 


5328 


4824 


5396 


4889 


5462 


4760 


5329 


4825 


5397 


4890 


5463 


4761 


5330 


4826 


5398 


4891 


5464 


4762 


5331 


40^7 


5399 


4892 


5465 


4763 


5332 


4828 


5400 


4893 


5468 


4764 


5333 


4829 


5401 


4894 


5469 



lxiv 



SECTIONS OF CODE OF 1895. 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



4895 


5470 


4960 


5538 


5025 


5607 


4896 


5471 


4961 


5539 


5026 


5608 


4897 


5472 


4962 


5540 


5027 


560<> 


4898 


5473 


4963 


5541 


5028 


5610 


4899 


5474 


4964 


5542 


5029 


5611 


4900 


5475 


4965 


5543 


5030 


5612 


4901 


5476 


4966 


5544 


5031 


5613 


4902 


5477 


4967 


5545 


5032 


5614 


4903 


5478 


4968 


5546 


5033 


5615 


4904 


5479 


4969 


5547 


5034 


5616 


4905 


5480 


4970 


5548 


5035 


5617 


4906 


5481 


4971 


5549 


5036 


5618 


4907 


5482 


4972 


5550 


5037 


5619 


4908 


5483 


4973 


5551 


5038 


5620 


4909 


5484 


4974 


5552 


5039 


5621 


4910 


5485 


4975 


5553 


5040 


5622 


4911 


5486 


4976 


5554 


5041 


5623 


4912 


5487 


4977 


5555 


5042 


5624 


4913 


5490 


4978 


5556 


5043 


5625 


4914 


5491 


4979 


5557 


5044 


5627 


4915 


5492 


4980 


5558 


5045 


5628 


4916 


5493 


4981 


5559 


5046 


5629 


4917 


5494 


4982 


5560 


5047 


5630 


4918 


5495 


4983 


5561 


5048 


5631 


4919 


5496 


4984 


5562 


5049 


5632 


4920 


5497 


4985 


5563 


5050 


5633 


4921 


5498 


4986 


5564 


5051 


5634 


4922 


5499 


4987 


5565 


5052 


5635 


4923 


5500 


4988 


5566 


5053 


5636 


4924 


5501 


4989 


5567 


5054 


5637 


4925 


5502 


4990 


5568 


5055 


5638 


4926 


5503 


4991 


5569 


5056 


5639 


4927 


5504 


4992 


5570 


5057 


5640 


4928 


5505 


4993 


5571 


5058 


5641 


4429 


5506 


4994 


5572 


5059 


5642 


4930 


5507 


4995 


5573 


5060 


5643 


4931 


5508 


4996 


5574 


5061 


5644 


4932 


5509 


4997 


5575 


5062 


5645 


4933 


5510 


4998 


5576 


5063 


5647 


4934 


5511 


4999 


5577 


5064 


5648 


4935 


5512 


5000 


5578 


5065 


5649 


4936 


5513 


5001 


5579 


5066 


5650 


4937 


5514 


5002 


5580 


5067 


5651 


4938 


5515 


5003 


5581 


5068 


5652 


4939 


5516 


5004 


5582 


5069 


5653 


4940 


5517 


5005 


5583 


5070 


5654 


4941 


5518 


5006 


5584 


5071 


5655 


4942 


5519 


5007 


5585 


5072 


5656 


4943 


5520 


5008 


5586 


5073 


5657 


4944 


5521 


5009 


5591 


5074 


5658 


4945 


5522 


5010 


5592 


5075 


5659 


4946 


5523 


5011 


5593 


5076 


5660 


4947 


5524 


5012 


5594 


5077 


5661 


4948 


5525 


5013 


5595 


5078 


5662 


4949 


5526 


5014 


5596 


5079 


5663 


4950 


5527 


5015 


5597 


5080 


5664 


4951 


5528 


5016 


5598 


5081 


5665 


4952 


5529 


5017 


5599 


5082 


5666 


4953 


5530 


5018 


5600 


5083 


5667 


4954 


5531 


5019 


5601 


5084 


5668 


4955 


5532 


5020 


5602 


5085 


5669 


4956 


5533 


5021 


5603 


5086 


5670 


4957 


5534 


5022 


5604 


5087 


5671 


4958 


5535 


5023 


5605 


5088 


5672 


4959 


5536 


5024 


5606 


5089 


5673 





SECTIONS OF CODE OF 1895. 


1 


XA 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


5090 


5674 


5155 


5741 


5220 


5807 




5091 


5675 


5156 


5742 


5221 


5808 




5092 


5676 


5157 


5743 


5222 


5809 




5093 


5677 


5158 


5744 


5223 


5810 




5094 


5678 


5159 


5745 


5224 


5811 




5095 


5679 


5160 


5746 


5225 


5812 




5096 


5680 


5161 


5747 


5226 


5813 




5097 


5681 


5162 


5748 


5227 


5814 




5098 


5682 


5163 


5749 


5228 


5815 




5099 


5683 


5164 5750 


5229 


5816 




5100 


5684 


5165 5751 


5230 


5817 




5101 


5685 


5166 5752 


5231 


5818 




5102 


5686 


5167 5753 


5232 


5819 




5103 


5687 


5168 5754 


5233 


5820 




5104 


5688 


5169 5755 


5234 


5821 




5105 


5689 


5170 5757 


5235 


5822 




5106 


5690 


5171 5758 


5236 


5823 




5107 


5691 


5172 5759 


5237 


5824 




5108 


5692 


5173 5760 


5238 


5827 




5109 


5693 


5174 5761 


5239 


5828 




5110 


5694 


5175 5762 


5240 


5829 




5111 


5695 


5176 5763 


5241 


5830 




5112 


5696 


5177 5764 


5242 


5831 




5113 


5697 


5178 5765 


5243 


5832 




5114 


5698 


5179 


5766 


5244 


5833 




5115 


5699 


5180 


5767 


5245 


5834 




5116 


5700 


5181 


5768 


5246 


5835 




5117 


5701 


5182 


5769 


5247 


5836 




5118 


5702 


5183 


5770 


5248 


5837 




5119 


5703 


5184 


5771 


5249 


5838 




5120 


5704 


5185 


5772 


5250 


5839 




5121 


5705 


5186 


5773 


5251 


5840 




5122 


5706 


5187 


5774 


5252 


5841 




5123 


5707 


5188 


5775 


5253 


58*2. 




5124 


5708 


5189 


5776 


5254 


5843 




5125 


5709 


5190 


5777 


5255 


5844 




5126 


5710 


5191 


5778 


5256 


5845 




5127 


5713 


5192 


5779 


5257 


5846 




5128 


5714 


5193 


5780 


5258 


5847 




5129 


5715 


5194 


5781 


5259 


5848 




5130 


5716 


5195 


5782 


5260 


5849 




5131 


5717 


5196 


5783 


5261 


5850 




5132 


5718 


5197 


5784 


5262 


5851 




5133 


5719 


5198 


5785 


5263 


5852 




5134 


5720 


5199 


5786 


5264 


5853 




5135 


5721 


5200 


5787 


5265 


5854 




5136 


5722 


5201 


5788 


5266 


5855 




5137 


5723 


5202 


5789 


5267 


5856 




5138 


5724 


5203 


5790 


5268 


5857 




5139 


5725 


5204 5791 


5269 


5858 




5140 


5726 


5205 5792 


5270 


5859 




5141 


5727 


5206 5793 


5271 


5860 




5142 


5728 


5207 5794 


5272 


5861 




5143 


5729 


5208 


5795 


5273 


5862 




5144 


5730 


5209 


5796 


5274 


5863 




5145 


5731 


5210 


5797 


5275 


5864 




5146 


5732 


5211 


5798 


5276 


5865 




5147 


5733 


5212 


5799 


5277 


5866 




5148 


5734 


5213 


5800 


5278 


5867 




5149 


5735 


5214 


5801 


5279 


5868 




5150 


5736 


5215 


5802 


5280 


5869 




5151 


5737 


5216 


5803 


5281 


5870 




5152 


5738 


5217 


5804 


5282 


5871 




5153 


5739 


5218 


5805 


5283 


5872 




5154 


5740 


5219 


5806 


5284 


5873 





l*Vi 



SECTIONS OF CODE OF 1895. 



Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 




5285 


5874 


5350 


5945 


5418 


6023 




5286 


5875 


5351 


5946 


5419 


6024 




5287 


5876 


5352 


5947 


5420 


6025 




5288 


5877 


5353 


5948 


5421 


6026 




5289 


5878 


5354 


5949 


5122 


6027 




5290 


5879 


5355 


5950 


5423 


6028 




5291 


5880 


5356 


5951 


5424 


6029 




5292 


5881 


5357 


5952 


5425 - 


6030 




5293 


5882 


5358 


5953 


5426 


6031 




5294 


5883 


5359 


5954 


5427 


6032 




5295 


5884 


5360 


5955 


5428 


6033 




5296 


5885 


5361 


5956 


5429 


6034 




5297 


5886 


5362 


5957 


5430 


6035 




5298 


5888 


5363 


5958 


5431 


6036 




5299 


5889 


5364 


5959 


5432 


6037 




5300 


5890 


5365 


5960 


5433 


6038 




5301 


5891 


5366 


5961 


5434 


6039 




5302 


5892 


5367 


5962 


5435 


6040 




5303 


5893 


5368 


5963 


5436 


6041 




5304 


5894 


5369 


5964 


5437 


6042 




5305 


5S95 


5370 


5965 


5438 


6043 




5306 


F896 


5371 


5966 


5439 


6044 




5307 


58-7 


5372 


5967 


5440 


6045 




5308 


5S98 


5373 


5968 


5441 


6046 




5309 


5899 


5374 


5969 


5442 


6047 




5310 


5900 


5375 


5970 


5443 


6048 




5311 


5901 


5376 


5971 


5444 


6049 




5312 


5902 


5377 


5972 


5445 


6050 




5313 


5903 


5378 


5973 


5446 


6051 




5314 


5904 


5379 


5974 


5447 


6052 




5315 


5910 


5380 


5975 


5448 


6053 




5316 


5911 


5381 


5976 


5449 


6054 




5317 


5912 


5382 


5977 


5450 


6055 




5318 


5913 


5383 


5978 


5451 


6056 




5319 


5914 


5384 


5979 


5452 


6057 




5320 


5915 


5385 


5980 


5453 


6058 




5321 


5916 


5386 


"5981 


5454 


6059 




5322 


5917 


5387 


5982 


5455 


6060 




5323 


5918 


5388 


5983 


5456 


6061 




5324 


5919 


5389 


5982 


5457 


6062 




5325 


5920 


5390 


5984 


5458 


6063 




5326 


5921 


5391 


5984 


5459 


6064 




5327 


5922 


5392 


5990 


5460 


6065 




5328 


5923 


5393 


5991 


5461 


6066 




5329 


5924 


5394 


5992 


5462 


6067 




5330 


5925 


5395 


5993 


5463 


6068 




5331 


5926 


5396 


5994 


5464 


6069 




5332 


5927 


■ 5397 


5995 


5465 


6070 




5333 


5928 


5398 


5986 


5466 


6071 




5334 


5929 


5399 


5987 


5467 


6072 




5335 


5930 


5400 


5996 


5468 


6073 




5336 


5931 


5401 


5997 


5469 


6074 




5337 


5932 


' 5402 


6001 


5470 


6075 




5338 


5933 


5403 


6002 


5471 


6076 




5339 


5934 


5404 


6004 


5472 


6077 




5340 


5935 


5408 


6007 


5473 


6078 




5341 


5936 


1 5409 


6008 


5474 


6079 




5342 


5937 


5410 


6009 


5475 


6080 




5343 


5938 


5411 


6010 


5476 


6081 




5344 


5939 


5412 


6011 


5477 


6082 




5345 


5940 


5413 


6018 


5478 


6083 




5346 


5941 


5414 


6019 


5479 


6084 




5347 


5942 


5415 


6020 


5480 


6085 




5348 


5943 


5416 


6021 


5481 


6086 




5349 


5944 


5417 


6022 


5482 


6087 





SECTIONS OF CODE OF 1895. 



lxvii 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



5483 


6088 


5553 


6166 


5620 


6248 


5484 


6089 


5554 


6167 


5621 


6249 


5485 


6090 


5555 


6169 


5622 


6250 


5486 


6091 


5556 


6170 


5623 


6252 


5487 


6092 


5557 


6171 


5624 


6254 


5488 


6093 


5558 


6172 


5625 


6255 


5489 


6094 


5559 


6173 


5626 


6256 


5490 


6095 


5560 


6174 


5628 


6258 


5491 


6096 


5561 


6175 


5631 


6259 


5492 


6097 


5562 


6176 


5632 


6260 


5493 


6098 


5563 


6177 


5634 


6261 


5494 


6099 


5564 


6178 


5635 


6262 


5495 


6100 


5565 


6179 


5636 


6263 


5496 


6101 


5566 


6180 


5637 


6264 


5497 


6102 


5567 


6181 


5638 


6265 


5498 


6103 


5568 


6182 


5639 


6266 


5500 


6105 


5569 


6183 


5640 


6267 


5502 


6107 


5570 


6184 


5641 


6268 


5505 


6108 


5571 


6185 


5642 


6269 


5506 


6109 


5572 


6186 


5643 


6270 


5507 


6119 


5573 


6188 


5644 


6271 


5508 


6120 


5574 


6189 


5645 


6272 


5509 


6121 


5575 


6190 


5646 


6273 


5510 


6122 


5576 


6191 


5647 


6274 


5511 


6123 


5577 


6192 


5648 


6275 


5512 


6124 


5578 


6193 


5649 


6276 


5513 


6125 


5579 


6194 


5650 


6277 


5514 


6126 


5580 


6195 


5651 


6278 


5515 


6127 


5581 


6196 


5652 


6279 


5516 


6128 


5582 


6197 


5653 


6280 


5517 


6129 


5583 


6202 


5655 


6281 


5518 


6130 


5584 


6203 


5656 


6282 


5519 


6131 


5585 


6204 


5657 


6283 


5520 


6132 


5586 


6205 


5658 


6284 


5521 


6133 


5587 


6206 


5659 


6285 


5522 


6134 


5588 


6207 


5660 


6286 


5523 


6135 


5589 


6208 


5661 


6287 


5524 


6136 


5590 


6209 


5662 


6288 


5526 


6138 


5591 


6210 


5663 


6289 


5527 


6139 


5592 


6211 


5664 


6290 


5528 


6140 


5593 


6212 


5665 


6291 


5529 


6141 


5594 


6213 


5666 


6292 . 


5530 


6142 


5595 


6214 


5667 


6293 


5531 


6143 


5596 


6215 


5668 


6294 


5532 


6145 


5597 


6216 


5669 


6295 


5533 


6146 


5598 


6217 


5670 


6296 


5534 


6147 


5599 


6218 


5671 


6297 


5535 


6148 


5600 


6219 


5672 


6298 


5536 


6149 


5601 


6221 


5673 


6299 


5537 


6150 


5602 


6222 


5674 


6300 


5538 


6151 


5603 


6223 


5675 


6301 • 


5539 


6152 


5605 


6224 


5676 


6302 


5540 


6153 


5606 


6225 


5677 


6303 


5541 


6154 


5607 


6226 


5678 


6304 


5542 


6155 


5608 


6227 


5679 


6305 


5543 


6156 


5610 


6228 


5680 


6306 


5544 


6157 


5611 


6229 


5681 


6307 


5545 


6158 


5612 


6230 


5682 


6308 


5546 


6159 


5613 


6232 


5683 


6309 


5547 


6160 


5614 


6233 


5685 


6311 


5548 


6161 


5515 


6242 


5686 


6312 


5549 


6162 


5616 


6243 , 


5687 


6313 


5550 


6163 


5617 


6244 


5688 


6314 


5551 


6164 


5618 


6245 


5689 


6315 


5552 


6165 


5619 


6246 


5690 


6316 



lxviii 



SECTIONS OF CODE OF 1895. 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



Code 1895 



Code 1910 



5691 


6317 


5757 


6423 


5822 


6488 


5692 


6319 


5758 


6424 


5823 


6489 


5693 


6320 


5759 


6425 


5824 


6490 


5694 


6321 


5760 


6426 


5825 


6491 


5695 


6322 


5761 


6427 


5826 


6492 


5696 


6323 


5762 


6428 


5827 


6493 


5697 


6324 


5763 


6429 


5828 


6494 


5698 


6357 


5764 


6430 


5829 


6495 


5699 


6358 


5765 


6431 


5830 


6496 


5700 


6359 


5766 


6432 


5831 


6497 


5701 


6360 


5767 


6433 


5832 


6498 


5702 


6361 


5768 


6434 


5833 


6499 


5703 


6362 


5769 


6435 


5834 


6500 


5704 


6363 


5770 


6436 


5835 


6501 


5705 


6364 


5771 


6437 


5836 


6502 


5706 


6365 


5772 


6438 


5837 


6503 


5707 


6366 


5773 


6439 


5838 


6504 


5708 


6367 


5774 


6440 


5839 


6507 


5709 


6368 


5775 


6441 


5840 


6508 


5710 


6369 


5776 


6442 


5841 


6509 


5711 


6370 


5777 


6443 


5842 


6510 


5712 


6371 


5778 


6444 


5843 


6511 


5713 


6372 


5779 


6445 


5844 


6512 


5714 


6373 


5780 


6446 


5845 


6513 


5715 


6374 


5781 


6447 


5846 


6514 


5716 


6375 


5782 


6448 


5847 


6515 


5717 


6376 


5783 


6449 


5848 


6516 


5718 


6377 


5784 


6450 


5849 


6517 


5719 


6378 


57*5 


6451 


5850 


6518 


5720 


6379 


5786 


6452 


5851 


6519 


5721 


6380 


5787 


6453 


5852 


6520 


5722 


6381 


5788 


6454 


5853 


6521 


5723 


6382 


5789 


6455 


5854 


6522 


5724 


6383 


5790 


6456 


5855 


6523 


5725 


6384 


5791 


6457 


5856 


6524 


5726 


6385 


5792 


6458 


5857 


6525 


5727 


6386 


5793 


6459 


5858 


6526 


5728 


6387 


5794 


6460 


5859 


6527 


5729 


6388 


5795 


6461 


5860 


6528 


5730 


6389 


5796 


6462 


5861 


6530 


5731 


6390 


5797 


6463 


5862 


6531 


5732 


6391 


5798 


6464 


5863 


6532 


5733 


6392 


5799 


6465 


5864 


6533 


5734 


6393 


5800 


6466 


5865 


6534 


5735 


6394 


5801 


6467 


5866 


6535 


5736 


6395 


5802 


6468 


5867 


6536 


5738 


6404 


5803 


6469 


5868 


6537 


5739 


6405 


5804 


6470 


5869 


6538 


5740 


6406 


5805 


6471 


5870 


6539 


5741 


6407 


5806 


6472 


5871 


6540 


5742 


6408 


5807 


6473 


5872 


6541 


5743 


6409 


5808 


6474 


5873 


6542 


5744 


6410 


5809 


6475 


5874 


6543 


5745 


6411 


5810 


6476 


5875 


6544 


5746 


6412 


5811 


6477 


5876 


6545 


5747 


6413 


5812 


6478 


5877 


6546 


5748 


6414 


5813 


6479 


5878 


6547 


5749 


6415 


5814 


6480 


5879 


6548 


5750 


6416 


5815 


6481 


5880 


6549 


5751 


6417 


5816 


6482 


5881 


6550 


5752 


6418 


5817 


6483 


5882 


6551 


5753 


6419 


5818 


6484 


5883 


6553 


5754 


6420 


5819 


6485 


5884 


6554 


5755 


6421 


5820 


6486 


5885 


6555 


5756 


6422 


5821 


6487 


5886 


6556 





SECTIONS OF CODE OF 1895. 


lxix 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


Code 1895 


Code 1910 


5887 


6557 


5937 


6607 


5987 


6657 


5888 


6558 


5938 


6608 


5988 


6658 


5889 


6559 


5939 


6609 


5989 


6659 


5890 


6560 


5940 


6610 


5990 


6660 


5891 


6561 


5941 


6611 


5991 


6661 


5892 


6562 


5942 


6612 


5992 


6662 


5893 


6563 


5943 


6613 


5993 


6663 


5894 


6564 


5944 


6614 


5994 


6664 


5895 


6565 


5945 


6615 


5995 


6665 


5896 


6566 


5946 


6616 


5996 


6666 


5897 


6567 


5947 


6617 


5997 


6667 


5898 


6568 


5948 


6618 


5998 


6668 


5899 


6569 


5949 


6619 


5999 


6669 


5900 


6570 


5950 


6620 


6000 


6670 


5901 


6571 


5951 


6621 


6001 


6671 


5902 


6572 


5952 


6622 


6002 


6672 


5903 


6573 


5953 


6623 


6003 


6673 


5904 


6574 


5954 


6624 


6004 


6674 


5905 


6575 


5955 


6625 


6005 


6675 


5906 


6576 


5956 


6626 


6006 


6676 


5907 


6577 


5957 


6627 


6007 


6677 


5908 


6578 


5958 


6628 


6008 


6678 


5909 


6579 


5959 


6629 


6009 


6679 


5910 


6580 


5960 


6630 


6010 


6680 


5911 


6581 


5961 


6631 


6011 


6681 


5912 


6582 


5962 


6632 


6012 


6682 


5913 


6583 


5963 


6633 


6013 


6683 


5914 


6584 


5964 


6634 


6014 


6684 


5915 


6585 


5965 


6635 


6015 


6685 


5916 


6586 


5966 


6636 


6016 


6686 


5917 


6587 


5967 


6637 


6017 


6687 


5918 


6588 


5968 


6638 


6018 


6688 


5919 


6589 


5969 


6639 


6019 


6689 


5920 


6590 


5970 


6640 


6020 


6690 


5921 


6591 


5971 


6641 


6021 


6691 


5922 


6592 


5972 


6642 


6022 


6692 


5923 


6593 


5973 


6643 


6023 


6693 


5924 


6594 


5974 


6644 


6024 


6694 


5925 


6595 


5975 


6645 


6025 


6695 


5926 


6596 


5976 


6646 


6026 


6696 


5927 


6597 


5977 


6647 


6027 


6697 


5928 


6598 


5978 


6648 


6028 


6698 


5929 


6599 


5979 


6649 


6029 


6699 


5930 


6600 


5980 


6650 


6030 


6700 


5931 


6601 


5981 


6651 


6031 


6701 


5932 


6602 


5982 


6652 


6032 


6702 


5933 


6603 


5983 


6653 


6033 


6703 


5934 


6604 


5984 


6654 


6034 


6704 


5935 


6605 


5985 


6655 


6035 


6705 


5936 


6606 


5986 


6656 


6036 


6706 



REVISED CODE OF GEORGIA 



PRELIMINARY PROVISIONS. 

*^l. (§1.) Laws of force in this State. The laws of general opera- A ^ 78 ^ 1 
tion in this State are — 

1. As the supreme law: The Constitution of the United States, Si^'eS' 
the laws of the United States in pursuance thereof, and all treaties 

made under the authority of the United States. 

2. As next in authority thereto: The Constitution of this State. §§6603, 6392 - 

3. In subordination to the foregoing: All laws now of force in If "-* 4 ' J^ 09 - ,> 
this State, not inconsistent with the Constitution and the ordinances 303, 

of the Convention of 1877. 

4. The custom of any business or trade shall be binding only ^o^ocs 3 ^), 
when it is of such universal practice as to justify the conclusion that 33^; 4119, 
it became, by implication, a part of the contract. 

§2. (§2.) Code— when and how to take effect. This Code shall A ; ts 95 1858 ' 
take effect on the first day of January, 1863. All offenses committed §§6605% 2 5 8 ii, 
prior to that date shall be tried and punished under existing laws; 6604 ' x (Sh 
and all rights or obligations, or duties acquired or imposed by exist- 
ing laws, shall remain valid and binding, notwithstanding the^ repeal 
or modification of such laws. 

§3. (§3.) State, where bound by a statute. The State is not bound J}^', Hog. 
by the passage of a law unless named therein, or unless the words of 303 ' 4371 - 
the act should be so plain, clear and unmistakable as to leave no 
doubt as to the intention of the legislature. 

y/ §4. (§4.) Construction of statutes. The following rules shall gov-§§ 4268 - 303 - 
ern the construction of all statutory enactments in this State : 

1. The ordinary signification shall be applied to all words, except § | 4 ^ 8 j. 2) * 
words of art, or connected with a particular trade or subject-matter, 

when they shall have the signification attached to them by experts 
in such trade, or with reference to such subject-matter. 

2. The present or past tense shall include the future. 

3. The masculine gender shall include the feminine and neuter. 

4. The singular or plural number shall each include the other, §2100. 
unless expressly excluded. 

1 



§5 PRELIMINARY PROVISIONS. 2 

§ 3987 6 '5o 38 6?; 5. A joint authority given to any number of persons, or officers, 
1436, 1338. mav De executed by a majority of them, unless it is otherwise de- 
clared. 

§ 3047%572 9 ' 6. A substantial compliance with any requisition of the Code, or 
laws amendatory thereof, especially on the part of public officers, 
shall be deemed and held sufficient, and no proceeding shall be de- 
clared void for want of such compliance, unless expressly so pro- 
vided by the enactment. 

§ 3047 9 ' 3073 13 ' ^' When a bond is required by law, an undertaking in writing, 
3974. without seal, is sufficient; and in all bonds where the names of the 

obligors do not appear in the bond, but are subscribed thereto, they 
are bound thereby. 

§§5ooi. 4285. g_ When a number of days is prescribed for the exercise of any 
privilege, or the discharge of any duty, only the first or last day 
shall be counted; and if the last day shall fall on the Sabbath, an- 
other day shall be allowed in the computation. 

§4268 (5). 9 j n a n interpretations, the courts shall look diligently for the 

intention of the General Assembly, keeping in view, at all times, 
the old law, the evil, and the remedy. Grammatical errors shall not 
vitiate, and a transposition of words and clauses may be resorted to 
when the sentence or clause is without meaning as it stands. 

y §5. (§5.) Meaning of certain words. The following meaning shall 
be given to each of the following words in all statutes, unless a dif- 
ferent meaning is apparent from the context. 
Property includes real and personal property. 
§ lioo 9 ' 2188 ' Person includes a corporation. 

Writing includes printing and all numerals. 
Oath includes affirmation. 

Signature, or Subscription, includes the mark of an illiterate or 
infirm person. 

Lunatic, Insane, or Non compos mentis, each includes all persons of 
unsound minds. 

Justice, when applied to magistrates, means justice of the peace. 
Preceding and Aforesaid mean generally next before, and Follow- 
ing next after, unless the context requires a different signification. 
Ac 6 t° 6 i838 550 ' Month means a calendar month; twenty school days a scholastic 
is96 b 'p 5 82 m onth in public schools. 

Year means a calendar year. 
A cobb 83 2 8 74. Seal shall include impressions on the paper itself, as well as im- 

8 (it')', 2 4 ] 359 4S92 pressions on wax or wafers. With the exception of official seals, a 
, 165, 2fil - Scrawl, or any other mark intended as a seal, shall be held as such. 



1435 
1503 



§ 629 - Highway, or Road, includes bridges upon the same. 



3 PEELIMINARY PROVISIONS. §§6-12 

y^6. (§6.) Future operation of laws. Laws prescribe only for the §§6389, 6652 - 
future ; they cannot impair the obligation of contracts, nor gener- 
ally have a retrospective operation. Laws looking only to the 
remedy or mode of trial may apply to contracts, rights, and offenses 
entered into or accrued or committed prior to their passage ; but in 
every case a reasonable time subsequent to the passage of the statute 
should be allowed for the citizen to enforce his contract, or protect 
his right. 

§§ r> '> 217° 5531 

§7. (§7.) Ignorance of law. Laws, after promulgation, are obliga- 303! 
tory upon all inhabitants of this State, and ignorance of the law 
excuses no one. 

/ §8. (§8.) Lex loci. The validity, form, and effect of all writings or § §S°'3su 0, 
contracts are determined by the laws of the place where executed. If??.' lilt' 
When such writing or contract is intended to have effect in this 3881 ' 
State, it must be executed in conformity to the laws of this State, ex- 
cepting wills of personalty of persons domiciled in another State or 
country. 

§9. (§9.) Comity of States. The laws of other States and foreign "ISf'rora?' 
nations shall have no force and effect of themselves within this 5220! 494^ 
State, further than is provided by the Constitution of the United 4949 ' 1692 ' 
States, and is recognized by the comity of States. The courts shall 
enforce this comity, until restrained by the General Assembly, so 
long as its enforcement is not contrary to the policy or prejudicial 
to the interests of this State. 

§10. (§10.) Waiver of law. Laws made for the preservation of 8 632o%56i*' 
public order or good morals cannot be done away with or abrogated 590 °' 1<94 ' 
by any agreement ; but a person may waive or renounce what the 
law has established in his favor, when he does not thereby injure 
others or affect the public interest. 

§11. (§11.) Local laws. If there is a law in force at the time of §§6605 ' 844, 
the adoption of this Code, having entirely a local application, such 
local law is not repealed by this Code, unless so expressly declared. 

§12. (§12.) Bonds of public officers. All bonds taken from public^ 4853 - 4 ; >V* " Ct -" 
officers shall be kept in the places specified by law, and copies § 53si; ti%, isSo!'" 
thereof shall be furnished to any person desiring them. Suits * 

thereon may be brought by any person aggrieved by the official 
misconduct of the officer, in his own name, in any court having 
jurisdiction thereof, without an order for that purpose. 



§§13-15. PRELIMINARY PROVISIONS. 



§ 535i 6 '594o, 7) ' § 13 - (§ 13 -) Bonds taken by officers. All bonds taken by public 

3974, 278-309. ffi cerSj under the laws of this State, shall be returned to the offices 

specified by law; and any person interested therein may bring suit 

thereon, in his own name, in any court having jurisdiction thereof. 

Act 1831, §14. (§14.) Inspection of public books. All books kept by any 

§§304,' 74, 66. public officer under the laws of this State shall be subject to the in- 
spection of all the citizens of this State, within office hours, every 
day except Sundays and holidays. 

87 Ga. 120. §15. (§15.) Licenses revocable. "Where, in the exercise of the po- 

82 Ga. 224. .... .. . 

§§6393, 303, hce power, a license is issued, the same is not a contract, but only a 

3527.534,6389. . . ' . . 

904, 24i6. 2430. permission to enjoy the privilege for the time specified, on the terms 
2494, 2434, stated. It may be abrogated. 

2S73, 2907. J to 



THE POLITICAL CODE. 



THE POLITICAL AND PUBLIC ORGANIZATION 

OF THE STATE. 



FIRST TITLE. 

Divisions ; Of the Boundary, Sovereignty, and Jurisdiction of the 

State. 



CHAPTER 1. 
The Boundary of the State. 

§16. (§16.) Boundaries of the State. The boundaries of Georgia, A £ h i™^ . 
as deduced from the Constitution of Georgia, the Convention of §§ 3635 > 3637 - 
Beaufort, the Articles of Cession and Agreement entered into on the 
24th of April, 1802, the Eesolution of the General Assembly of De- 
cember 8th, 1826, and the adjudications and compromises affecting 
Alabama and Florida, are as follows : 

From the sea, or the mouth of the river Savannah, along the watkins' 

7 ' ° Digest, 

stream thereof to the fork or confluence made by the rivers Keowee 713 - 762 - 
and Tugalo, and thence along said river Tugalo until the fork or 
confluence made by said Tugalo and the river Chattooga, and up and 
along the same to the point where it touches the northern boundary 
line of South Carolina and the southern boundary line of North 
Carolina, which is at a point on the thirty-fifth parallel of north 
latitude, reserving all the islands in said rivers Savannah, Tugalo, 
and Chattooga, to Georgia; thence on said line of said thirty-fifth 
parallel, from said point of intersection, and on and along said line 
west, to a point where it merges into and becomes the northern 
boundary line of Alabama — it being the point fixed by the survey of 
the State of Georgia, and known as Nickajack; thence in a direct 

5 



Acts 1887, 
p. 122. 



Acts 18S7, 
p. 105. 



§§17-20 FIRST TITLE.— CHAPTER 1. 6 

The boundary of the State. 

line to the great bend of the Chattahoochee river, called Miller's 
Bend — it being the line rim and marked by said survey ; and thence 
§1285. along and down the western bank of said Chattahoochee, along the 

line or limit of high-water mark, to its junction with Flint river; 
thence along a certain line of survey made by Gustavus J. Orr, a 
surveyor on the part of Georgia, and W. Whitner, a surveyor on the 
part of Florida, beginning at a fore-and-aft tree, about four chains 
below the present junction ; thence along this line east, to a point 
designated thirty-seven links north of Ellicott's Mound on the St. 
Mary's river; thence along the middle of said river to the Atlantic 
ocean, and from thence to the mouth or inlet of said Savannah 
river, to the place of beginning ; including all the lands, waters, 
islands, and jurisdictional rights within said limits, and also all the 
islands within twenty marine leagues of the seacoast. 



§17. (§17.) Line between Georgia and South Carolina. The 
boundary between Georgia and South Carolina shall be the line 
described as running from the mouth of the river Savannah, up said 
river and the rivers Tugalo and Chattooga, to the point where the 
last-named river intersects with the thirty-fifth parallel of north lati- 
tude, conforming as much as possible to the line agreed on .by the 
commissioners of said State at Beaufort on the 28th of April, 1787. 

§18. (§18.) Line between Georgia, North Carolina, and Tennessee. 
The boundary between Georgia and North Carolina and Georgia and 
Tennessee shall be the line described as the thirty-fifth parallel of 
north latitude, from the point of its intersection by the river Chat- 
tooga, west to the place called Nickajack. 

Acts^i889, §19, (§19.) Line between Georgia and Alabama. The boundary 

line between Georgia and Alabama shall be the line described from 
Nickajack to Miller's Bend on the Chattahoochee, and down said 
river to its junction with the Flint. 

A p Ct 23 1859 ' §20- (§20.) Line between Georgia and Florida. The boundary line 

between Georgia and Florida shall be the line described from the 
junction of the Flint and Chattahoochee rivers to the point thirty- 
seven links north of Ellicott's Mound, on the St. Mary's river; 
thence down said river to the Atlantic ocean. 



7 FIRST TITLE.— CHAPTERS 2, 3. §§21-25 

The sovereignty and jurisdiction of the State. Jurisdiction ceded to the United States over certain land. 



CHAPTER 2. 

The Sovereignty and Jurisdiction of the State. 

§21. (§21.) Sovereignty and jurisdiction. The sovereignty and 5 !® 358 ' 25 - 26 ' 
jurisdiction of this State extend to all places within the limits of her 
boundaries, except so far as she has voluntarily ceded the same to 
the United States, or adjacent States, over particular localities. 

§22. (§22.) As to persons. The jurisdiction of this State and its §§2172. 5531, 7, 
laws extend to all persons while within its limits, whether as citi- 1005 - 
zens, denizens, or temporary sojourners. 

§23. (§23.) Governor must defend suits, when. When any suit is »}J||- 149 ' 256 
instituted against the State, or against any person, in the result of 
which the State has an interest, under pretense of any claim incon- 
sistent with its sovereignty, jurisdiction, or rights, the Governor 
shall, in his discretion, provide for the defense of such suit, unless 
otherwise specially provided for. 

§24. (§24.) Trial of cases when State is party. The judges of the ActsM7e, 
superior court and of the Supreme Court in this State, where casesl ^248 0, 2667 4 ' 
are pending in said courts in which the State is a "party plaintiff" 149 
in civil cases, shall give preference over any and all cases so pending 
to such cases, and use all the power vested in them by law to bring 
such cases to a speedy trial ; and shall, whenever required so to do 
by counsel for the State, take up said cases for trial, and proceed to 
try the same, unless the defendant can show some good cause for 
continuance, when the case shall be continued to a future time in 
the same term, or to the next term, in the discretion of the court : 
Provided, nothing in this section contained shall affect the right of 
the State to continuance on a proper showing. 



CHAPTER 3. 

Jurisdiction Ceded to the United States Over Certain Land. 

§25. Cession to the United States of land for public buildings. Acts 1906, 
The consent of the State of Georgia is hereby given, in accordance^ 6644 ( 16) - 21 

° J ° ' 30, 426. 

with the sixteenth clause, eighth section of the first article of the 
Constitution of the United States, to the acquisition by the United 
States, by purchase, condemnation or otherwise, of any lands in 
this State heretofore ceded, or that may hereafter be required for 



§§26-28 FIRST TITLE.— CHAPTER 3. 8 

Jurisdiction ceded to the United States over certain land. 

sites for custom-houses, court-houses, postoffices, or for the erection 
of forts, magazines, arsenals, dockyards, and other needful buildings. 

§§2i,6644(io). §26. (§25.) Jurisdiction. Exclusive jurisdiction in and over any 
lands so acquired by the United States shall be, and the same is, 
hereby ceded to the United States for all purposes except the service 
upon such sites of all civil and criminal process of the courts of this 
State; but the jurisdiction so ceded shall continue no longer than 

Acts 1890-1, sa jd United States shall own such lands. The State retains its civil 

p. 201. 

and criminal jurisdiction over persons and citizens in said ceded ter- 
ritory, as over other persons and citizens in this State. Nothing 
herein shall interfere with the jurisdiction of the United States over 
any matter or subjects set out in the Acts of Congress donating 
money for the erection of public buildings for the transaction of its 
business in this State, or with any laws, rules, or regulations that 
Congress may hereafter adopt for the preservation and protection 
of its property and rights in said ceded territory, and the proper 
maintenance of good order therein: Provided, such cession shall 
not take effect until the United States shall have acquired title 
to said lands. 

Tm 882 " 3, § 27 " (§ 26 •) Lands condemned for United States lighthouses, etc. 

^salr (16) ' ^e a S en t °f the United States, and the mayor of any incorporate 
city, in the county in which it is proposed to erect lighthouses, bea- 
cons or range-lights, or any other structure designed to assist the 
navigation of the waters of this State, authorized by the government 
of the United States, shall mark out, by metes and bounds, the land 
necessary to be taken, and advise the respective owners thereof. If 
the agent of the United States and the owners cannot agree upon 
the compensation to be paid for taking the land, the Governor shall 
appoint one person and the owner of the land another, and these 
two shall select a third person, who shall constitute a commission 
to assess the just and adequate compensation to be paid, according 
to the general method of condemning land in this Code provided. 

Act 1847, §28. (§27.) Coast-surveyors. Any person employed under the Act 

of the Congress of the United States, providing for a survey of the 
coasts, may enter upon lands and clear or cut timber within this 
State upon the same, for any purpose legitimately connected with 
and requisite to effect the said object : Provided, no unnecessary in- 
jury be done thereby, and all damages to the owner of the land be 
promptly paid. 



FIRST TITLE.— CHAPTER 4. 



§§29-31 



Counties. 



§29. (§28.) Damage to landowners. If the parties representing §5235. 
the government of the United States, and the owner or possessor of 
the land so entered upon, cannot agree upon the amounts to be paid 
for the same, the damages shall be assessed as in this Code provided. 

§30. Certain cessions to the United States. Since the adop- 
tion of the Code of 1895 the following cessions have been made to 
the United States. 

Acts 1897, p. 109. — Roadway in Ringgold and upon the public 

road. 
Acts 1898, p. 102. — Ground for a fishery in Meriwether County. 
Acts 1899, p. 92. — For a National Park in Fulton County. 

93. — For Government building in the City of At- 



94. — For United States Prison in Fulton County. 

84. — For National Forest Reserve. 

85. — For Chickamauga, Chattanooga National 



Acts 1899, p. 
lanta. 

Acts 1899, p. 

Acts 1901, p. 

Acts 1901, p. 
Park. 

Acts 1902, p. 110. — National Park approaches in Catoosa and 
"Whitfield Counties. 

Acts 1902, p. 111. — Government building in Athens. 

Acts 1902, p. 112. — Government building in Savannah. 

Acts 1902, p. 113. — Chickamauga National Park. 

Acts 1904, p. 108. — Government buildings in Valdosta and At- 
lanta. 

Acts 1904, p. 110. — Fort Screven on Tybee Island. 

Acts 1906, p. 125. — For fish culture in Meriwether County. 



CHAPTER 4. 
Counties. 

§31. (§29.) Names of counties. The State is divided into one hun-cobb, 
dred and forty-six counties, whose boundaries and limits shall beiSswos, 
ascertained by the several acts laying off the same, and those amend- i906. 5 p." 6 28. 
atory thereof. The names of the counties are as follows : S e!n.Mi4?' 



COUNTY 


ORGANIZED UNDER ACT 


MADE FROM 


Appling, 


December 15, 1818. 


Appling. 


Baker, 


December 12, 1825. 


Early. 


Baldwin, 


May 11, 1803. 


Baldwin. 


Banks, 


December 11, 1858. 


Habersham and Franklin. 



^V 



§31 



FIRST TITLE.— CHAPTER 4 



10 



Counties. 



COUNTY 


ORGANIZED UNDER ACT 


MADE FROM 


Bartow, 


j December 3, 1832, { 
I December 6, 1861. ( 
f July 31, 1906, Con- ] 


Murray. 


Ben Hill, 


■{ stitutional Amend- \ 
[ ment. J 


Irwin and Wilcox. 


Berrien, 


February 25, 1856. 


Irwin, Lowndes, and Coffee. 


Bibb, 


December 9, 1822. 


Monroe. 


Brooks, 


December 11, 1858. 


Lowndes and Thomas. 


Bryan, 


December 19, 1793. 


Bryan. 


Bulloch, 


February 8, 1796. 


Bulloch. 


Burke, 


J Constitution of | 
( Georgia, 1777. \ 


Parish of St. George. 


Butts, 


December 24, 1825. 


Henry and Monroe. 


Calhoun, 


February 20, 1854. 


Early and Baker. 


Camden, 


J Constitution of \ 


j St. Thomas's and St. Mary's 


I Georgia, 1777. \ 


( Parishes. 






j Coweta, Carroll, DeKalb, and 


Campbell, 


December 20, 1828. 


{ Fayette. 


Carroll, 


December 11, 1826. 


Carroll. 


Catoosa, 


December 5, 1853. 


Walker and Whitfield. 


Charlton, 


February 18, 1854. 


Camden. 


Chatham, 


| Constitution of { 


} St. Philip's and Christ Church 




| Georgia, 1777. j 


( .parishes. 


Chattahoochee, 


February 13, 1854. 


Marion and Muscogee. 


Chattooga, 


December 28, 1838. 


Floyd and Walker. 


Cherokee, 


December 26, 1831. 


Cherokee and Campbell. 


Clarke, 


December 5, 1801. 


Jackson. 


Clay, 


February 16, 1854. 


Early and Randolph. 


Clayton, 


November 30, 1858. 


Henry and Fayette. 


Clinch, 


February 14, 1850. 


Ware and Lowndes. 


Cobb, 


December 3, 1832. 


Cherokee. 


Coffee, 


February 9, 1854. 


Clinch, Ware, Telfair, and Irwin. 


Colquitt, 


February 25, 1856. 


Thomas and Lowndes. 


Columbia, 


December 10, 1790. 


Richmond. 


Coweta, 


December 11, 1826. 


Coweta. 


Crawford, 


December 9, 1822. 


Crawford. 


Crisp, 


August 17, 1905. 


Dooly. 


Dade, 


December 25, 1837. 


Walker. 


Dawson, 


December 3, 1857. 


Lumpkin and Gilmer. 


Decatur, 


December 8, 1823. 


Early. 


DeKalb, 


December 9, 1822. 


Henry. 


Dodge, 


October 26, 1870. 


j Pulaski, Telfair, and Montgom 
I ery. 
Dooly. 


Dooly, 


May 15, 1821. 


Dougherty, 


December 15, 1853. 


Baker. 


Douglas, 


October 17, 1870. 


Campbell and Carroll. 


Early, 


December 15, 1818. 


Early. 


Echols, 


December 13, 1858. 


Lowndes and Clinch. 


Effingham, 


\ Constitution of } 


\ Parishes of St. Matthew and 




I Georgia, 1777. j 


) St. Philip. 


Elbert, 


December 10, 1790. 


Wilkes. 



aiwr- 



n 



FIRST TITLE.— CHAPTER 4. 



§31 



Counties. 



COUNTY 


ORGANIZED UNDER ACT 


MADE FROM 


Emanuel, 


December 10, 1812. 


Montgomery and Bulloch. 


Fannin, 


January 21, 1854. 


Gilmer and Union. 


Fayette, 


May 15, 1821. 


Fayette. 


Floyd, 


December 3, 1832. 


Cherokee. 


Forsyth, 


December 3, 1832. 


Cherokee. 


Franklin, 


February 25, 1784. 


Franktfn. 


Fulton, 


December 20, 1853. 


DeKalb. 


Gilmer, 


December 3, 1832. 


Cherokee. 


Glascock, 


December 19, 1857. 


Warren. 


Glynn, 


j Constitution of | 


j Parishes of St. David and St. 


| Georgia, 1777. j 


1 Patrick. 


Gordon, 


February 13, 1850. 


Floyd and Cass. 


Grady, 


August 17, 1905. 


Thomas and Decatur. 


Greene, 


February 3, 1786. 


Washington. 


Gwinnett, 


December 15, 1818. 


Gwinnett. 


Habersham, 


December 15, 1818. 


Habersham. 


Hall, 


December 15, 1818. 


Hall. 


Hancock, 


December 17, 1793. 


Washington. 


Haralson, 


January 26, 1856. 


Polk and Carroll. 


Harris, 


December 14, 1827. 


Muscogee and Troup. 


Hart, 


December 7, 1853. 


Franklin and Elbert. 


Heard, 


December 22, 1830. 


Carroll, Troup, and Coweta. 


Henry, 


May 15, 1821. 


Henry. 


Houston, 


May 15, 1821. 


Houston. 


Irwin, 


December 15, 1818. 


Irwin. 


Jackson, 


February 11, 1796. 


Franklin. 


Jasper, 


| December 10, 1807, } 
( December 10, 1812. \ 


Baldwin. 


Jeff Davis, 


August 18, 1905. 


Appling and Coffee. 


Jefferson, 


February 20, 1796. 


Burke and Warren. 


Jenkins, 


August 17, 1905. 


Burke, Emanuel, and Bulloch. 


Johnson, 


December 11, 1858. 


\ Laurens, Emanuel, and Wash- 
\ ington. 


Jones, 


December 10, 1807. 


Baldwin. 


Laurens, 


December 10, 1807. 


Washington and Wilkinson. 


Lee, 


December 11, 1826. 


Lee. 


Liberty, 


| Constitution of \ 


{ Parishes of St. John, St. An- 


I Georgia, 1777. | 


l drew, and St. James. 


Lincoln, 


February 20, 1796. 


Wilkes. 


Lowndes, 


December 23, 1825. 


Irwin. 


Lumpkin, 


December 3, 1832. 


Cherokee. 


Macon, 


December 14, 1837. 


Houston and Marion. 


Madison, 


December 11, 1811. 


| Oglethorpe, Jackson, Clarke, 
( Franklin, and Elbert. 


Marion, 


December 14, 1827. 


Muscogee and Lee. 


McDuffie, 


October 18, 1870. 


Columbia and Warren. 


Mcintosh, 


December 19, 1793. 


Liberty. 


Meriwether, 


December 14, 1827. 


Troup. 


Miller, 


February 26, 1856. 


Baker and Early. 


Milton, 


December 18, 1857. 


Cherokee, Cobb, and Forsyth. 


Mitchell, 


December 21, 1857. 


Baker. 



% 



§31 



FIRST TITLE.— CHAPTER 4. 



12 



Counties. 





COUNTY 


ORGANIZED UNDER ACT 


MADE FROM 




Monroe, 


May 15, 1821. 


Monroe. 


\ 


Montgomery, 


December 19, 1793. 


Washington. 




Morgan, 


December 10, 1807. 


Baldwin. 




Murray, 


December 3, 1832. 


Cherokee. 




Muscogee, 

Newton, 


December 11, 1826. 
December 24, 1821. 


Muscogee. 

Henry, Jasper, and Walton. 




Oconee, 


February 25, 1875. 


Clarke. 




Oglethorpe, 

Paulding, 

Pickens, 


December 19, 1793. 
December 3, 1832. 
December 5, 1853. 


Oglethorpe. 

Cherokee. 

Cherokee and Gilmer. 




Pierce, 
Pike, 


December 18, 1857. 
December 9, 1822. 


Ware and Appling. 
Monroe. 




Polk, 


December 20, 1851. 


Paulding and Floyd. 




Pulaski, 


December 13, 1808. 


Laurens. 




Putnam, 


December 10, 1807. 


Baldwin. 




Quitman, 


December 10, 1858. 


Randolph and Stewart. 




Rabun, 


December 21, 1819. 


Rabun. 




Randolph, 

Richmond, 

Rockdale, 

Schley, 

Screven, 


December 20, 1828. 

\ Constitution of | 
[ Georgia, 1777. ] 

October 18, 1870. 

December 22, 1857. 

December 14, 1793. 


Lee. 

Parish of St. Paul. 
Newton and Henry. 
Marion and Sumter. 
Burke and Effingham. 




Spalding, 
Stephens, 
Stewart, 


December 20, 1851. 
August 18, 1905. 
December 23, 1830. 


Pike, Henry, and Fayette. 
Franklin and Habersham. 
Randolph. 




Sumter, 
Talbot, 

Taliaferro, 
Tattnall, 


December 26, 1831. 
December 14, 1827. 

December 24, 1825. 
December 5, 1801. 


Lee. 

Muscogee. 

j Wilkes, Greene, Oglethorpe. 
( Warren, and Hancock. 
Montgomery. 




Taylor, 
Telfair, 


January 15, 1852. 
December 10, 1807. 


Talbot, Macon, and Marion. 

Wilkinson. 




Terrell, 


February 16, 1856. 


Lee and Randolph. 




Thomas, 


December 23, 1825. 


Decatur and Irwin. 




Tift, 
Toombs, 


August 17, 1905. 
August 18, 1905. 


Berrien, Irwin, and Worth. 
\ Tattnall, Montgomery, and Em- 
] anuel. 




Towns, 


March 6, 1856. 


Union. 




Troup, 
Turner, 


December 11, 1826. 
August 18, 1905. 


Troup. 

Irwin, Wilcox, Dooly, and Worth. 




Twiggs, 


December 14, 1809. 


Wilkinson. 




Union, 
Upson, 


December 3, 1832. 
December 15, 1824. 


Cherokee. 
Crawford and Pike. 




Walker, 


December 18, 1833. 


Murray. 




Walton, 


December 15, 1818. 


Walton. 




Ware, 


December 15, 1824. 


Irwin. 




Warren, 


December 19, 1793. 


Warren. 




Washington, 
Wayne, 


December 25, 1784. 
May 11, 1803. 


Washington. 
Wayne and Appling. 



13 



FIRST TITLE.— CHAPTER 5. 



§§32,33 



Congressional districts. 



COUNTY 



Webster, 
White, 
Whitfield, 
Wilcox, 

Wilkes, 

Wilkinson, 

Worth. 



ORGANIZED UNDER ACT 



} December 16, 1853, } 
I February 21, 1856. j 

December 22, 1857. 

December 30, 1851. 

December 22, 1857. 
J Constitution of ( 
( Georgia, 1777. j 

May 11, 1803. 

December 20, 1853. 



MADE FROM 



Lee. 

Habersham. 

Murray. 

Irwin, Dooly, and Pulaski. 

Wilkes. 
Wilkinson. 
Dooly and Irwin. 



§32. (§30.) Counties divided by water. Whenever a stream ofs^eso, 3637, 

J VJ ' J . 1441. 

water is the boundary of a county, the jurisdiction of the county 
shall extend to the center of the main channel of such stream. 



CHAPTER 5. 

Congressional Districts. 

§33. (§31.) Congressional districts. The State is divided into A p ct y 3 8901 > 
eleven Congressional districts, each of which is entitled to elect one 
representative in the Congress of the United States. The districts 
shall be composed of the following counties, respectively : 

First District. — Chatham, Burke, Screven, Emanuel, Bulloch, Ef- Acts mos, 

' ' ' ' 'pp. 57, 62. 

fingham, Bryan, Tattnall, Liberty, Mcintosh, Jenkins, and Toombs, 






Quitman, Clay, Randolph, Terrell, Calhoun, Act8 _ 190 i|: „ 



Second District 

Dougherty, Worth, Early, Baker, Miller, Mitchell, Colquitt, Berrien, 
Decatur, Thomas, Grady, Tift, and Turner. 

Third District.— Stewart, Webster, Sumter, Lee, Dooly, Wilcox, A p °. t3 52 1905 ' 
Schley, Pulaski, Twiggs, Houston, Macon, Taylor, Crawford, Crisp, 
and Ben Hill. 

Fourth District. — Muscogee, Marion, Talbot, Harris, Meriwether, 
Troup, Coweta, Heard, Carroll, and Chattahoochee. 

Fifth District. — Fulton, Douglas, Campbell, Clayton, DeKalb, 
Rockdale, Newton, and Walton. 

Sixth District. — Bibb, Baldwin, Jones, Monroe, Upson, Pike, 
Spalding, Fayette, Henry, and Butts. 

Seventh District. — Haralson, Paulding, Cobb, Polk, Floyd, Bartow, 
Chattooga, Gordon, Walker, Dade, Catoosa, Whitfield, and Murray. 

Eighth' District. — Jasper, Putnam, Morgan, Greene, Oconee, 
Clarke, Oglethorpe, Madison, Elbert, Hart, Franklin, and Wilkes. 

Ninth District. — Fannin, Union, Towns, Rabun, Habersham, White Acts 1905, 

' p. 68. 



$33 FIRST TITLE.— CHAPTER 5.. 14 

Congressional districts. 

Lumpkin, Dawson, Gilmer, Pickens, Cherokee, Forsyth, Milton, 
Gwinnett, Jackson, Hall, Banks, and Stephens. 

Tenth District. — Richmond, Columbia, Lincoln, Jefferson, Glas- 
cock, McDuffie, Warren, Taliaferro, Washington, Wilkinson, and 
Hancock. 
Acts loos, Eleventh District. — Glynn, Johnson, Laurens, Montgomery, Dodge, 

P- 55. m 

Telfair, Irwin, Coffee, Appling, Wayne, Pierce, Ware, Clinch, Echols, 
Lowndes, Brooks, Charlton, Camden, and Jeff Davis. 



15 SECOND TITLE.— CHAPTER 1. §34 

Elections by the people ; qualification of voters. 

SECOND TITLE. 

Elections by the People. 



CHAPTER 1. 

Qualification of Voters. 

§34. (§32.) Qualification of voters. — The qualification of voters is §§6 395. 64() 3. 
contained in the following sections of the Constitution of this State, 
to wit: 

Par. 1. After the year 1908 elections by the people shall be by Act 190s, 

p. 27. 

ballot, and only those persons shall be allowed to vote who have been§§5s, 82. 
first registered in accordance with the requirements of law. 

Par. 2. Every male citizen of this State who is a citizen of the §2167. 
United States, twenty-one years old or upwards, not laboring under 7th, 1908. 
any of the disabilities named in this article, and possessing the quali-' 
fications provided by it, shall be an elector and entitled to register 
and vote at any election by the people ; provided, that no soldier, 
sailor, or marine in the military or naval service of the United States 
shall acquire the rights of an elector by reason of being stationed on 
duty in this State. 

Par. 3. To entitle a person to register and vote at any election 
by the people, he shall have resided in the State one year next 
preceding the election, and in the county in which he offers to vote 
six months next preceding the election, and shall have paid all taxes 
which may have been required of him since the adoption of the 
Constitution of Georgia of 1877 that he may have had an oppor- 
tunity of paying agreeably to law. Such payment must have been 
made at least six months prior to the election at which he offers to 
vote, except when such elections are held within six months from 
the expiration of the time fixed by law for the payment of such taxes. 

Par. 4. Every male citizen of this State shall be entitled to register 
as an elector and to vote in all elections of said State who is not 
disqualified under the provisions of section 2 of article 2 of this 
Constitution, and who possesses the qualifications prescribed in para- 
graphs 2 and 3 of this section or who will possess them at the date 
of the election occurring next after his registration, and who in 



§34 SECOND TITLE.— CHAPTER 1. 16 

Qualification of voters. 



addition thereto comes within either of the classes provided for in 
the five following subdivisions of this paragraph. 

1. All persons who have honorably served in the land or naval 
forces of the United States in the Revolutionary war, or in the War 
of 1812, or in the War with Mexico, or in any war with the Indians, 
or in the War between the States, or in the war with Spain, or 
who honorably served in the land or naval forces of the Confederate 
States, or of the State of Georgia in the War between the States ; or 

2. All persons lawfully descended from those embraced in the 
classes enumerated in the subdivision next above ; or 

3. All persons who are of good character, and understand the 
duties and obligations of citizenship under a republican form of 
government ; or 

4. All persons who can correctly read in the English language 
any paragraph of the Constitution of the United States or of this 
State and correctly write the same in the English language when 
read to them by any one of the registrars, and all persons who solely 
because of physical disability are unable to comply with the above 
requirements, but who can understand and give a reasonable inter- 
pretation of any paragraph of the Constitution of the United States, 
or of this State, that may be read to them by any one of the regis- 
trars ; or 

5. Any person who is the owner in good faith in his own right 
of at least forty acres of land situated in this State, upon which he 
resides, or is the owner in good faith in his own right of property 
situated in this State and assessed for taxation at the value of five 
hundred dollars. 

s 58 - Par. 5. The right to register under subdivisions 1 and 2 of para- 

graph 4 shall continue only until January 1, 1915. But the regis- 
trars shall prepare a roster of all persons who register under sub- 
divisions 1 and 2 of paragraph 4, and shall return the same to the 
clerk's office of the superior court of their counties, and the clerks 
of the superior court shall send copies of the same to the secretary 
of State, and it shall be the duty of these officers to record and per- 
manently preserve these rosters. Any person who has been once 
registered under either of the subdivisions 1 or 2 of paragraph 4 
shall thereafter be permitted to vote ; provided, he meets the re- 
quirements of paragraphs 2 and 3 of this section. 

§j62, 65, 4998. Par. 6. Any person to whom the right of registration is denied 
by the registrars upon the ground that he lacks the qualifications set 
forth in the five subdivisions of paragraph 4 shall have the right to 
take an appeal, and any citizen may enter an appeal from the deci- 



17 SECOND TITLE.— CHAPTER 2, ARTICLE 1. §§35, 36 

Registration of voters ; voters' book, when opened and closed, etc. 

sion of the registrars allowing any person to register under said 
subdivisions. All appeals must be filed in writing with the regis- 
trars within ten days from the date of the decision complained of, 
and shall be returned by the registrars to the office of the clerk 
of the Superior Court to be tried as other appeals. 

Par. 7. Pending an appeal and until the final decision of the case, 
the judgment of the registrars shall remain in full force. 

Par. 8. No person shall be allowed to participate in a primary of §§ist, m. 
any political party or a convention of any political party in this 
State who is not a qualified voter. 

Par. 9. The machinery provided by law for the registration of §55. 
force October 1, 1908, shall be used to carry out the provisions of 
this section, except where inconsistent with same; the Legislature 
may change or amend the registration laws from time to time, but 
no such change or amendment shall operate to defeat any of the 
provisions of this section. 

§35. (§35.) Who disfranchised. But the following classes of per- § C 404. 
sons shall not be permitted to vote : (1) Those who shall have been Acts 1894, 
convicted in any court of competent jurisdiction of treason against p ' 
the State, of embezzlement of public funds, malfeasance in office, 
bribery or larceny, or of any crime involving moral turpitude, pun- 
ishable by the laws of this State with imprisonment in the peniten- 
tiary, unless such person shall have been pardoned ; (2) idiots and 
insane persons. 



CHAPTER 2. 
Registration of Voters. 



ARTICLE 1. 



Voters' Book, When to be Opened, and When to be Closed; When 

Taxes Shall be Paid. 

§36. (§36.) Tax-collector to open voters' books. At the time when Acts 1S94, 
he begins the collection of taxes for each year, the tax-collector of 1908, P '. 58. 
each county in this State shall open a book or books, to be desig- 6395, 846.' 
nated as " voters' books," containing, on the first page thereof, or 
near the first page thereof, the following oath, to wit : "I do swear, 
or affirm, that I am a citizen of the United States ; that I am twenty- 



§§37-40 SECOND TITLE.— CHAPTER 2, ARTICLE 2. 18 

Method of registering on voters' book. 

one years of age, or will be on the of of this calendar 

year; that I have resided in this State for one year, and in this 
county for six months, immediately preceding the date of this oath, 

or will have so resided on the of of this calendar year ; 

that I have paid all taxes which, since the adoption of the Constitu- 
tion of 1877, have been required of me, except taxes for this year; 
that I possess the qualification of an elector required by the Consti- 
tutional Amendment adopted in 1908; and that I am not disfran- 
chised from voting by reason of any offense committed against the 
laws of the State. I further swear, or affirm, that I reside in the 
district, G. M., or in the ward of the city of , at num- 
ber on street ; my age is , my occupation — — . ' ' 



Act8 11 1 6 894, §37. (§39.) Books to be kept open. The tax-collector may open as 
s ?,s - many of said voters' books as he may deem necessary, and he shall 

always keep one of such voters' books open for signatures, at his 
office at the county-site, at any and all times when his office is open 
for the payment of taxes or other business ; and he shall also carry 
with him and keep open for signatures one such voters' book, in 
each and all of his visits to the several militia*districts of his county 
for the purpose of collecting taxes. 

Acts loos. $3g (§38.) When the books shall be closed. The tax-collector 

p. 58. J v J ' 

shall, in each year in which there is a general election to be held 
for Governor and members of the General Assembly, close the voters' 
books for said election six months before the date of the election. 

§gae, 5». §39. (§39.) Taxes must be paid six months before the election. 

No one shall be allowed to register for said election unless he shall 
have paid all taxes due by him at least six months before the date of 
the election. 



ARTICLE 2. 
Method of Registering on Voters' Book. 
\*V'iil' A 46 § 40 - (§ 40 -) Who ma y take charge of books and administer oaths. 

acta 1894, o • i 

p. no. baid tax-collector, or any clerk employed by him and authorized by 

him to receipt for taxes in the usual course of his employment, is 
hereby empowered to take charge of said voters' books, and to ad- 
minister said oath. When the signature of any person is not clearly 
legible, the officer in charge of the voters ' book shall, at the time the 
signature is made, write out the same in clearly legible letters oppo- 
site or under said signature. 



la SECOND TITLE.— CHAPTER 2, ARTICLE 2. §§41-46 

Method of registering on voters' book. 



§41. (§41.) Application and method of registering. Any male per- ^ s 1894 
son desiring to be registered as a voter may apply to the tax-collec- p - 116 
tor, or his clerk as above described, and after reading said oath, or 
having same read to him, shall subscribe the same by signing his 
name in said voters' book, underneath the written or printed oath 
above described, or on some page following the one on which said 
oath is printed or written ; a memorandum or entry of the district or 
ward (giving the name of the street, and the number of his residence, 
if any, his age and occupation) in which affiant lives being first made 
by the officer in charge of the book, or by the affiant above the place 
of signature of the affiant. And when affiant is not twenty-one years 
old at the date of taking the oath, a similar entry or memorandum 
shall, in like manner, be made, showing the date in that year when 
he will reach twenty-one; and when the affiant has not resided in 
the State one year or in the county six months at the date of taking 
the oath, a similar entry or memorandum shall be made, showing 
the date in that year when he will have resided in the State one year 
and in the county six months. 

§42. (§42.) Oath to be read or repeated at request of applicant. 
Upon request of the applicant, the officer in charge of the book 
shall read or repeat said oath distinctly to the applicant, and if the 
applicant can not sign his name, the said officer shall sign it for him, 
the applicant making his mark thereto. 

§43. (§43.) Signatures prima facie evidence. The signatures so 
made in said voters' books shall be prima facie evidence that the 
person so signing swears, or affirms, the truth of every material fact 
contained in said oath, and also of the said written memoranda or 
entries preceding his signature. 

§44. (§44.) Race to be noted on book. For the purpose of more 
easily identifying voters, the officers in charge of the voters' book 
shall note thereon, in connection with each signature, the race of 
the person signing — that is to say, whether white or colored. 

§45. (§45.) Collector must be satisfied applicant entitled to reg-§82 cm. 
ister. No tax-collector shall allow any person to sign his name in 
the voters' book unless he is satisfied, at the time, that the taxes due 
by said voter are paid, and that he is otherwise qualified. 

§46. (§46.) Separate printed oath may be used. The tax-collector A ets isw. 
may use a separate printed oath for each person, instead of the books g^ 2 ^, A 
hereinbefore named ; said printed oaths to be pasted into a suitable 
book, from which the list provided for shall be taken. Signing one 



§§47-50 



Acts 1908, 

p. 58. 

§§40, 46, 36. 
Penal Code, 

§661. 



SECOND TITLE.— CHAPTER 2, ARTICLE 3. 



20 



Lists from voters' book and tax defaulters furnished registrars. 

of said separate printed oaths shall be, in all respects, equivalent to 
signing in said "voters' books." 

§47. Oath must be actually made. The tax-collector or his 
clerk shall in no instance permit a person to sign the voters' books 
or any separate printed oath unless such person shall have actually 
made the oath before him thereon contained, and a violation of this 
Section by either the tax-collector or his clerk shall be a misde- 
meanor. 



Acts 1908, 
p. 58. 
1894, p. 117. 



Acts 1899, 
p. 21. 
1908, p. 58. 



Acts 1894, 

p. 118. 
§4 (5). 



ARTICLE 3. 

Lists from Voters' Book and Tax Defaulters Furnished Registrars. 

§48. (§47.) Lists to be filed with county registrars — Contents of 
lists. Within ten days after closing the voters' books, as provided 
in Section 38, the tax-collector shall file with the county registrars 
an accurate and complete list of all the names signed in the voters' 
books between the time when he began collecting taxes and the 
closing of said books, arranged in alphabetical order, and by militia 
districts, and city wards, and also showing the dates in that year 
when persons will arrive at full age or will have resided in the State 
and county the requisite time, as sworn to in the voters' books. And 
said list shall also show the race of each person — that is to say, 
whether white or colored — his age, occupation, and residence. 

§49. (§48.) Lists of persons disqualified to be filed. The tax- 
collector, the ordinary, and the clerk of the superior court of each 
county shall, before the 20th day of April of each year, prepare and 
file with the county registrars a complete list, alphabetically ar- 
ranged, of all persons living in the county on April 10th of that year, 
who appear to be disqualified from voting by reason of non-payment 
of taxes since 1877, or by reason of idiocy, insanity, or conviction of 
crime whose penalty is disfranchisement, unless such convict has 
been pardoned and the right of suffrage restored to him ; and said 
list shall also show the race of such person — that is to say, whether 
white or colored : provided, that said list of disqualified persons shall 
consist only of such persons whose names do not appear on the list 
last prepared and filed by them. 

§50. (§49.) Preparation of such list. In preparing said list of dis- 
qualified persons, the said tax-collector, ordinary, and clerk of the 
superior court shall act upon the best evidence obtainable by them, 



21 SECOND TITLE.— CHAPTER 2, ARTICLE 4. §§51-54 

County registrars, appointment and oath. 

and they shall especially examine and consider the records of the 
criminal courts of the county, the insolvent tax-lists, tax digests, and 
tax execution-dockets and tax executions, wherever they may be. In 
the event that there is a difference of opinion among said three offi- 
cers as to whether any name or names shall be placed on said list of 
disqualified persons, the concurrent votes of any two shall control in 
the matter. 

§51. What constitutes the disqualified list. The last list pre- Acts - i«». 
pared, listed, and filed by them before December 20th, 1899, taken 
together with the list or lists of new names prepared and filed each 
year afterwards, shall constitute the list of disqualified persons as 
prepared by them for any one year as the case may be. 



ARTICLE 4. 

County Registrars, Appointment and Oath. 

§52 (§50.) Appointment of county registrars. Within thirty days 
after January 1st, 1895, and biennially thereafter, the judge of the 
superior court of each county shall appoint three upright and in- 
telligent citizens of said county as county registrars, and have the 
appointment entered on the minutes of the court. Said appointment 
shall be for a term of two years and until their successors are ap- 
pointed and qualified. The said judge shall have the right, however, 
to remove said registrars at any time in his discretion, with or with- 
out cause, and at once appoint a successor. 

§53. (§51.) Board to be bipartisan. Said judge shall not appoint 
all the registrars from any one conflicting political interest or party, 
and if at any time it shall appear that all the registrars are from 
one conflicting political interest or party, then one of said registrars 
shall at once be removed and a successor appointed, so as to maintain 
a bipartisan board. 

§54. (§52.) Oath of registrars. Before entering upon his duties 
each of the county registrars shall take the following oath before 
some officer authorized to administer an oath under the laws of this 
State, to wit: ''I do solemnly swear that I will faithfully and im- 
partially discharge, to the best of my ability, the duties imposed 
upon me by law as county registrar." 



§§55, 56 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 22 



List of registered voters ; who entitled to vote. 



ARTICLE 5. 

List of Registered Voters. Who Entitled to Vote. 

Acts 1894, §55, Duties of registrars. The registrars shall, in each year 

loos, p. 5s. in which a general election is to be held for Governor and members 
of the General Assembly, meet on the 20th of April, or the Monday 
thereafter if the 20th of April falls on Sunday, and begin the work 
of perfecting a true and correct list of the qualified voters of their 
county. The list furnished by the tax-collector shall be prima facie 
evidence of the right of the person whose name appears thereon to 
S 65 2 ' 48 ' 49, register ; in any case where the registrars question the right of a 
party whose name is furnished by the tax-collector, to register, such 
person shall be notified of that fact and be given an opportunity to 
appear before the registrars as provided in Section 65. The regis- 
trars shall examine the list furnished by the tax-collector and com- 
pare the same with the list of disqualified persons, prepared and 
filed by the tax-collector, the ordinary, and the clerk of the superior 
court, and shall proceed to make up a list to be known as "registered 
voters," in alphabetical order of names and by militia districts and 
city wards, distinguishing in said lists between the white and col- 
ored voters, said list to show the age, occupation, and residence of 
said voters. 

Act ii9 894, §^' (§^4.) Registered voters. All names appearing on the lists 

8| 40 ' 46, 49, taken from the voters' books, and not appearing on the list of dis- 
qualified voters, shall be entered on the list of "registered voters," 
unless withheld therefrom as hereinafter provided. No name ap- 
pearing on the list of disqualified voters shall be entered on the list 
of registered voters, unless placed thereon as hereinafter provided. 
A name appearing on the list taken from the voters' books, and not 
appearing on the list of disqualified voters aforesaid, shall be with- 
held from the list of registered voters when the county registrars 
are convinced by sufficient legal proof that such person is, in fact, 
not qualified to vote. A name appearing on the list of disqualified 
voters shall be entered on the list of registered voters when said 
name appears on the list taken from the voters' books, and when, in 
addition thereto, the county registrars are convinced, by sufficient 
legal proof, that such person was not disqualified, or that his dis- 
qualification has been removed. No name shall be entered on the list 
of registered voters unless it was signed in the voters' books as 
shown by the list taken therefrom. 



23 SECOND TITLE.— CHAPTER 2, ARTICLE 5. §§57-59 

List of registered voters ; who entitled to vote. 

§57. When the work shall be completed. The registrars shall Acts gg 1908 - 
proceed with their work and complete the same not later than 
Jnne 1st. In any county in which, in the opinion of the judge of 
the superior court, one board of registrars can not complete the work 
by June 1st, the judge of the superior court in his discretion can 
appoint one or more assistant boards of registrars with like duties 
and responsibilities, and the work shall be divided as the regular 
board may direct. 

§58. Registered voters' list to be filed. Within five days af-*g* §& (5)l 

ter completing the list of voters, as provided in this Article, the 
registrars shall file with the clerk of the superior court of their 
county a complete list of the registered voters of the county as pre- 
pared and determined by them. Said list shall be alphabetically 
arranged by militia districts, and, in case a city is located in the 
county, by wards of the city, and said list shall be the list of regis- 
tered voters for the general election to be held in said year for the 
Governor and other State officers and members of the General As- 
sembly, and no person shall vote or be allowed to vote at said general 
election, or at any party primary to nominate candidates for the of- 
fices to be filled at said general election, unless his name is upon the 
said registration list so filed by said registrars, and no person whose 
name is not on said list shall vote or be allowed to vote at any other 
election or primary except as hereafter provided in this chapter. 

§59. Persons entitled to vote. Each person whose name is §§34 (i), (5), 

68 39 127 

upon the registration list for the general election provided for in 131. 
the foregoing section shall be entitled to vote at the general State 
election for said year and all primaries to nominate candidates for 
offices to be filled at said general State election and also at the 
Federal election in November of said year, and the election for 
Justices of the Peace and Constables to be held in said year, and at 
all primaries for the nomination of candidates for the offices to be 
filled at said elections, and also at all primaries for nomination for 
county offices, and all other primaries and elections to be held for 
any purpose during said year after the filing of said registration list 
or during the succeeding year, provided that such person is not 
otherwise disqualified from voting at any election or primary held 
during such succeeding year, and provided that no person shall be 
qualified to vote at any election unless he shall have paid all taxes 
due at least six months before the same, except when said election 
is held within six months from the expiration of the time fixed by 
law for the payment of said taxes. 



§§60, 61 SECOND TITLE.— CHAPTER 2, ARTICLE 5. 24 

List of registered voters ; who entitled to vote. 

§g8, 39, 48, 55, ^qq Supplemental registration list. If any person whose 
name is not on said registration list, and who has not previously 
paid all taxes due by him, desires to vote at the Federal election in 
November of the said year or at any other election or primary sub- 
sequent to the general State election whether in the said year or 
the succeeding year, he shall, upon paying all taxes due by him, at 
least six months before the election at which he desires to vote, if 
otherwise qualified, have the right to take the oath and subscribe 
the same in the voters' book. And the tax-collector shall, six months 
before every such election other than the general State election, 
close his voters' books for said election and within five days file 
with the registrars a list of all names signed in the voters ' books who 
/C r C*-cC<7. '///£"). have so qualified themselves to vote for such election in the same 

* ' manner and with the same information as now required by law in 
filing lists of persons registering as voters, and the registrars shall 
within twenty days thereafter pass upon the same as provided in 
regard to the list originally furnished and shall within said twenty 
days file with the clerk of the superior court a supplemental regis- 
tration list showing the names of additional voters who are entitled 
to vote at such election subsequent to the general State election, 
and any person whose name appears upon said list may vote at 
such election and at any primary to nominate candidates for offices 
to be filled at such election, provided that the registrars shall purge 
said list, before filing it, of the names of all persons who will not be 
qualified at such election, in the same manner as provided for pre- 
paring and purging the registration list for the general State elec- 
tion. And all voters on said list shall have the same rights as to 
elections subsequent to such election as persons on the list for the 
general election. Provided, that if any special election be held, dur- 
ing the year succeeding the year of the general election, within six 
months from the expiration of the time fixed by law for the payment 
of taxes, the provisions of the next succeeding section shall be fol- 
lowed as to registration and voting. 



Acts 1894, §61. Additional registration list. Any person who has reg- 

1897, p.' 95. istered for any general election shall, if otherwise qualified to vote 
\\m, 48, 55. at any election occurring before the next said general elections, be 
listed and entitled to vote at such intermediate or general election; 



/] Jjjt^J^ ^6 vt*&7^ and fifteen days before any intermediate or special election, the 

Jl ' 1 i CI said tax-collector shall file with the county registrars an accu- 

(ZLc&o // ' ■ />■ *'*>/. rate and complete list of all names signed in said voters' books 

' since January first of that year, and not before filed with said 

registrars, said lists to be made out and arranged as provided in 



25 SECOND TITLE.— CHAPTER 2, ARTICLE 6. §§62-64 

Hearing before registrars. 

section 48 ; and in preparing the list of voters for said inter- 
mediate or special elections the said registrars shall have reference 
to the lists prepared by them for the last preceding election and the 
list furnished to them by the said tax-collector as prescribed above, 
which said lists shall, by said registrars, be purged as prescribed in 
section 55 of the names of all persons who at the time of said inter- 
mediate or special election may not be qualified to vote under the 
laws of this State. 



ARTICLE 6. 

Hearing Before Registrars. 

§62. (§55.) Persons unlawfully denied right to sign voters' book. Acts 1894. 
Any person, who, after application, was unlawfully denied the right §§34 (6), 55, 
to sign the voters' book, may have his name placed upon the list of 
registered voters, upon satisfactory showing made to the registrars 
that he is entitled to be registered. The county registrars shall not 
be confined to the evidence furnished by the list of disqualified 
voters, but may have access to the original papers or books from 
which said lists were compiled, and may hear any competent written 
evidence or oral testimony, under oath, concerning the disqualifica- 
tion of any person whose name appears on the list taken from the 
voters' books. The county registrars may likewise hear any compe- 
tent written evidence or oral testimony, under oath, concerning the 
removal of the disqualification of any person whose name appears on 
the list of disqualified voters. The names of all persons who were not 
of age, or who had not resided in the State and county the requisite 
time at the date of signing the oath in the voters' books, shall be 
placed on the proper lists prepared for any election occurring after 
the date when such persons reached full age or have resided in the 
State and county the requisite time. 

§63. (§56.) Production of books, etc., may be required. For the Acts 1894, 
purpose of determining the qualification or disqualification of per- 
sons as aforesaid, the county registrars shall have the power to re- 
quire the production of books, papers, etc., upon one day's notice, 
and, upon like notice, to subpoena and swear witnesses. If the county 
registrars shall differ among themselves upon any question coming 
before them, the concurrent votes of two of said registrars shall con- 
trol. 

§64. (§57.) Service of summons, etc. The sheriff, his deputy, or Acts 1894 
any lawful constable of said county may serve all summons, notices, p - 12 °- 



§§65-67 SECOND TITLE.— CHAPTER 2, ARTICLE 7. 26 



List of voters furnished election-managers. 



and subpoenas, as issued by said county registrars, and receive such 
compensation as is customary for like services. 



Acts 1894 
p. 120. 



§65. (§58.) Disputed right to have name on book placed on list. 

§§34 (6), 55. j£ t | ie name f an y p erson appears on the voters' book whose right to 
have his name placed upon the list of registered voters is questioned 
by the registrars, said registrars shall give said person at least one 
day's notice of the time and place of hearing the question; which 
notice shall be in writing and served upon said person, either per- 
sonally or by leaving the same at his most notorious place of abode. 

A p ts 58 1908 ' §66. List open to inspection and proceedings to contest right 

§§74, i4. £ Q re gi s ter. The list from the voters' books furnished by the 
tax-collector to the registrars, shall be open to public inspection, and 
any citizen of the county shall be allowed to contest the right of 
registration of any person whose name appears upon the voters' 
list, and upon filing a contest as to the qualifications of the voter 
the registrars shall notify said voter and shall pass upon said con- 
test. Each challenge shall specify the grounds of the challenge, and 
when notice is given the voter by the registrars, a copy of such chal- 
lenge shall be furnished the challenged voter at least one day before 
passing upon the same. 



ARTICLE 7. 

List of Voters Furnished Election-Managers. 

A p. ts i2o. 94 ' § 67 - (§59.) Lists to be furnished election-managers. The county 

§§76-9i. registrars shall, at or before the hour appointed for opening the 

polls, place in possession of the managers of the election at each 
voting precinct in the county one or more printed or clearly writ- 
ten copies of the lists of registered voters for such militia district 
or city ward in which the voting precinct is situated, said lists to 
contain all the information hereinafter provided for ; and the county 
registrars shall, in like manner, place in possession of the election- 
managers of the voting precinct at the court-house, at the county- 
site, proper lists for each militia district, the voting precinct of which 
H (5). is situated outside of an incorporated town. Said lists of registered 

voters shall be duly authenticated by the signature of two of said 
county registrars. 



27 SECOND TITLE.— CHAPTER 2, ARTICLE 8. §§68-71 



Ballots, by whom and where cast. 



ARTICLE 8. 
Ballots, by Whom and Where Cast. 

§68. (§60.) No one may vote whose name not on list. All persons Acts i894, 
whose names appear on the list of registered voters placed in pos-§§82 (i), 5s, 
session of the election-managers, and no others, shall be allowed to i3o. 
deposit their ballots according to law, at the voting precinct of the 
militia district or city ward in which they are registered, but not 
elsewhere, except as hereinafter provided. If in any city ward or 
militia district a voting precinct is not established and opened, the 
county registrars shall furnish to the election-managers at the voting 
precinct at the court-house, at the county-site, the lists of registered 
voters of such ward or militia district, and persons whose names 
appear on such lists shall be allowed to vote at the voting precinct 
at the court-house, at the county-site, under the same rules that 
would have governed if a voting precinct had been established and 
opened in said ward or militia district. 

§69. (§61.) Oath to be taken in such cases. If any person shall Acts ism, 
offer to vote at the precinct at the court-house, at the county-site, §82 (4). 
whose name does not appear on the lists for that ward or militia 
district, but does appear on the lists for one of the militia districts in 
which the voting precinct is situated outside of an incorporated 
town, such person shall be allowed to vote at the court-house, at 
the county-site, upon taking the following oath, to be administered 
by one of the managers: ''I swear, or affirm, that I have not voted 
elsewhere in this election." 

§70. (§34.) Voters transferred from one district or county to an-§§68, 69. 
other. "When any portion of a county is changed from one county or 
one district to another, the persons who would have been qualified 
to vote in the county or district from which taken, at the time of 
any election, shall vote in the county or district to which they are 
removed, and if required to swear, the oath may be so qualified as to 
contain this fact. This provision, when applicable, appertains also 
to military elections. 

§71. Voter changing residence. If any person shall change Acts ioos, 
his residence from one militia district to another or from one county §68. 58 ' 
to another between the time of paying his taxes and signing the 
oath in the voters' book and the time of any election in the district 
or county into which he removes at. which he would be qualified to 
vote, he shall have the right, upon application to the registrars and 



§§72,73 SECOND TITLE.— CHAPTER 2, ARTICLES 9, 10. 28 

Lists returned by managers ; payment of tax-collectors, registrars, etc. 

satisfactory proof before them that he will be qualified to vote at 
said election, to have his name placed upon the list of registered vot- 
ers for the district or county into which he has removed, for said 
election, with the same rights as others registered for said election. 



ARTICLE 9. 
Lists Returned by Managers. 

I^m 894, §72. (§62.) Return of lists by election-managers. The managers 

§§82 (i2). 85, Q £ tlie e i ec tj ons a t the different precincts shall return the lists of 
registered voters to the clerk of the superior court, by which officer 
said lists shall be kept open for public inspection, and by said officer 
placed with the foreman of the next grand jury for such action as 
may be deemed proper by the grand jury. Said list is not to be 
placed with said clerk until after examination by the board of con- 
solidation. 



ARTICLE 10. 

Payment of Tax-Collectors, Registrars, etc. 

Acts 1894, §73. (§63.) Compensation. For each name signed in the voters' 

§§6562, 6001. books, the tax-collector shall receive the sum of five cents. For 
each new name on the list of disqualified voters each year prepared, 
listed, and filed by them, the tax-collector, ordinary, and clerk of the 
superior court shall each receive the sum of one and one-half cents : 
Provided, that in all cases they shall receive each at least two dol- 
Acts 1894. lars per day. For each day the county registrars may be actually 
1899, p. 21. engaged in the discharge of their duties, they shall each receive the 
sum of two dollars. All of said sums are to be paid out of the county 
treasury as other county bills are paid : Provided, however, that the 
county commissioners of any county shall have the power to fix a dif- 
ferent compensation for the above-named officers in their respective 
counties; and in counties having no county commissioners, such 
power to change the compensation herein provided shall belong to 
that officer or officers exercising the power usually vested in county 
commissioners. The cost of the voters' books and of printing the 
lists provided for shall be paid out of the county treasury as other 
county bills are paid. 



29 SECOND TITLE.— CHAP. 2, ART. 11. CHAP. 3, ART. 1. §§74-77 

Inspection of lists and books. Election for members of the General Assembly ; managers, oath, etc. 



ARTICLE 11. 

Inspection of Lists and Books. 

§74. (§64.) Inspection of books, etc. Said voters' books and lists Acts 1894, 
taken therefrom, said lists of disqualified persons, said lists of regis- §§14. 66. 
tered voters, shall be at all times open to reasonable inspection of 
any citizen of the county, but shall not be removed for such inspec- 
tion from the custody of the ordinary or other officer in charge. At 
the end of each year the tax-collector shall file all said voters' books 
in the office of the ordinary of the county, and the county registrars 
shall also file, at the end of each year, in the office of the ordinary, 
certified copies of the lists of registered voters prepared for each 
election. 

§75. (§65.) Proceedings of registrars to be public. All the duties Acts 1894, 

• D 122 

herein required of the county registrars and all hearing of evidence §62. 
upon the qualifications of voters shall be discharged and had in 
public. 



CHAPTER 3. 

Elections for Members of the General Assembly. 



ARTICLE 1. 

Managers of Elections; Qualifications and Oath. 

§76. (§66.) Superintendents of elections for members of the legis-Acts isso-i, 
lature. The persons qualified to hold such elections are ordinaries, §§94fuo, 118. 
justices of the peace, and freeholders. There must be three super- 116, 81 ' 
intendents, and one must either be an ordinary or a justice of the 
peace, except in a certain contingency hereinafter to be set forth. 
Persons who can not read and write shall not be competent to serve 
as managers of elections in this State. 

§77. (§67.) Superintendents to take oath. Before proceeding with §ne. 
the election, each superintendent must take and subscribe the fol- 
lowing oath: "All and each of us do swear that we will faithfully 
superintend this day's election; that we are ordinaries, justices of 
the peace, or freeholders (as the case may be) of this county; that 
we will make a just and true return thereof, and not knowingly per- 
mit any one to vote unless we believe he is entitled to do so accord- 



§§78-80 SECOND TITLE.— CHAPTER 3, ARTICLES 2, 3. 30 

Election precincts ; elections, when and how held. 

ing to the laws of this State, nor knowingly prohibit any one from 
voting who is so entitled by law, and will not divulge for whom any 
vote was cast, unless called on under the law to do so. So help me 
God." Said affidavit shall be signed by the superintendents in the 
capacity each acts, in full, both as io name and station, and not by 
abbreviation. 

§78. (§68.) Oath of superintendent, before whom taken. Said 
oath shall be taken before some officer qualified to administer an 
oath, if present, and if none such are on the spot and acting at the 
time required, then said superintendents may swear each other, and 
the oath shall be of the same effect as if taken before a qualified 
officer. 



ARTICLE 2. 

Election Precincts. 

Acts 1893, §79; (§69.) Election precincts. Such elections shall be held at 

§§6446, 4796 the court-houses of the respective counties, and if no court-house, at 

(4). 68, 69. . 

some place within the limits of the county-site, and at the several 
election precincts thereof, if any established or to be established. 
Said precincts must not exceed one in each militia district, except 
in militia districts lying in whole or in part in incorporated cities, 
towns and villages, in which militia districts as many precincts may 
be established as may be necessary and convenient for the holding 
of such elections. Such precincts are established, changed, or abol- 
ished by the ordinaries at a regular term of their court, descriptions 
of which must be entered on the minutes at the time. 



ARTICLE 3. 
Elections; When and How Held. 

Acts 1S65-6, §80. (§70.) Elections, how and when held. The day of holding 

D. 24. 

16416.' such elections is the first Wednesday in October, 1880, and biennially 

thereafter, and the time of day for keeping • open the elections is 
from seven o'clock a. m. to six o'clock p. m., at the court-house, and 
from eight o'clock a. m. to three o'clock p. m., at the precincts. In 
incorporated towns and cities having more than one election precinct 

Acts 1898, situated in the corporate limits of such incorporated town or city, 
such precincts, at all elections held, shall be kept open from 7 o 'clock 



gl SECOND TITLE.— CHAPTER 3, ARTICLE 3. §§81,82 



Elections, when and how held. 



a. m. to 6 o'clock p. m., and when there are in such incorporated 
towns or cities other precincts than the court-house precinct for the 
holding of elections, the elections in such precincts shall be kept open 
for the same time and during the same hours as provided by law for 
keeping open elections at the court-house. 

§81. (§71.) Three freeholders may superintend election. If by ten §§76, ne, 78. 
o'clock a. m., on the day of election, there is no proper officer pres- 
ent to hold the election, or there is one and he refuses, three free- 
holders may superintend the election, and shall administer the oath 
required to each other, which shall be of the same effect as if taken 
by a qualified officer. 

§82. (§72.) Manner of conducting elections. All superintendents 
shall have such elections conducted in the following manner : 

1. Ballot. The vote shall be given by ballot. m», is4. 

2. Superintendents and clerks. There shall be kept by the super- 
intendents, or by three clerks under their appointment, three lists 
of the names of voters, which shall be numbered in the order of 
their voting, and also three tally-sheets. 

3. Ballots marked. As each ballot is received, the number of the 
voter on the list shall be marked on his ballot before being deposited 
in the box. 

4. Challenge. When any voter is challenged and sworn, it shall §69. 
be so written opposite his name on the list, and also on his ballot. 

5. Preservation of order. In order to promote the more efficient Acts 186 °- 

^ p. 23. 

preservation of peace ^anxLgood order on all days of election in this 
State, the managers of elections shall be authorized to employ, when 
deemed necessary, a sufficient number of temporary police, whose 
duty it shall be to guarantee all legal voters, irrespective of race or 
color, the free exercise of the right of franchise : Provided, that this 
provision shall not refer to cities and towns having a legalized police 
force. 

6. Count, when to begin. The superintendents may begin to count 
the votes at any time in their discretion, but they shall not do so 
until the polls are closed, if a candidate in person, or by written 
authority, objects. 

7. Tally-sheet. When the votes are all counted out, there must be 
a certificate, signed by all of the superintendents, stating the number 
of votes each person voted for received ; and each list of voters and 
tally-sheet must have placed thereon the signature of the superin- 
tendents. 

8. Tally-sheet sent to county-site. The superintendents of the, pre- 



§82 SECOND TITLE.— CHAPTER 3, ARTICLE 3. 32 

Elections, when and how held. 

cincts must send their certificates, and all other papers of the elec- 
tion, including the ballots, under the seal, to the county-site for 
consolidation, in charge of one of their number, which must be de- 
livered there by twelve o 'clock in., of the next day. Such person is 
allowed two dollars, to be paid out of the county treasury, for such 
service. 

§§64o», 95. 9. Consolidation and returns to Governor. The superintendents, 

to consolidate the vote of the county, must consist of all those who 
officiated at the county-site, or a majority of them, and at least one 
from each precinct. They shall make and subscribe two certificates, 
stating the whole number of votes each person received in the 
county ; one of them, together with one list of voters and one tally- 
sheet from each place of holding the election, shall be sealed up and, 
without delay, mailed to the Governor; the other, with like accom- 
paniments, shall be directed to the clerk of the superior court of the 
county, and by him deposited in his office. Each of said returns must 
contain copies of the original oaths taken by the superintendents 
at the court-house and precincts. 

§§6473, 6474, 10. Separate consolidation of vote for Governor, At the elec- 

210. 

tion for Governor a third package must be made up, containing a 
certificate for the Governor's vote alone, together with the other 
papers of the election, as in the case of members of the General 
Assembly, which shall be directed by mail to the President of the 
Senate and Speaker of the House of Representatives, and trans- 
mitted to the Secretary of State. 
Acts 1874, 11. Illegal votes to be rejected. If any voter shall vote who has 

§ i5. not paid his taxes, and been registered, his vote shall be illegal, and 

the commissioners who consolidate their returns of the election shall 
not count such votes in making out the returns. 
§§6409, 72, 137, 12. Ballots not to be examined. The ballots shall not be examined 

499 a 

by the superintendents or the bystanders, but shall be carefully 
sealed in a strong envelope (the superintendents writing their names 
across the seal) , and delivered to the clerk of the superior court, by 
whom they shall be kept unopened and unaltered for sixty days, if 
the next superior court sits in that time — if not, until after said 
term — after which time, if there is not a contest begun about said 
election, the said ballots shall be destroyed without opening or ex- 
amining the same, or permitting others to do so. And if the clerk 
shall violate, or permit others to violate this section, he and the 
person violating shall be subject to be indicted. Such clerk shall 
deliver said list of voters to their respective grand juries on the first 



33 SECOND TITLE.— CHAPTER 3, ARTICLES 4, 5. § §83-85 

Penalty for managers' default ; examination of election papers by grand jury. 

day of the next term of the superior court, and on failure to do so, 
is liable to a fine. 

13. Pay of managers and clerks. The county authorities who have Acts 1896 - 
control of the county affairs, shall fix and prescribe in each voting 
precinct, before the day on which the elections are held, such com- 
pensation as they deem reasonable for managers and clerks of elec- 
tion, and in case said county authorities fail to fix and prescribe 
such compensation, each manager shall receive two dollars, and each 
clerk, not exceeding three at a precinct, one dollar, to be paid by 
the county treasurer on order by county authorities ; provided, this 
section shall not apply to municipal elections. 



ARTICLE 4. 

Penalty for Managers' Default. 

§83. (§73.) Penalty where superintendents fail. If said superin-§§94 (5), we. 
tendents do not deliver said lists and accompaniments to said clerks 
within three days from the day of the election, they are liable to in- 
dictment. Any superintendent of an election, failing to discharge 
any duty required of him by law, is liable to a like proceeding and 
penalty. 

§84. (§74.) In case superintendents make false return, etc. If the§§94 (5>, lse. 
superintendents or officers of such election shall make a fraudulent 
return thereof, or they or either of them, while so officiating, shall 
influence or attempt to influence or persuade any voter not to vote 
as he designed, or shall take any undue means to obtain a vote, they 
shall forfeit for the offense one hundred dollars, to be recovered by 
information, and if the person be a justice, he forfeits his office on 
proceedings for removal. 



ARTICLE 5. 

Examination of Election Papers by Grand Jury. 

§85. (§75.) Grand jury to examine lists. The grand juries shall §§94 (4) , 72, 
examine said lists, and if any voter is found thereon who was not ^ 133 ' 136 ' 
entitled to vote, they shall present said illegal voter. If the super- 
intendents fail to return, as required, the lists and the ballots, they 
must be presented. i 



§§86-90 SECOND TITLE.— CHAPTER 3, ARTICLES 6, 7, 8. 34 



Election blanks ; voters' freedom from arrest ; elections to fill vacancies. 



ARTICLE 6. 

Election Blanks. 

Acts 1895, §86. (§76.) Blanks to be furnished by Governor and ordinary. The 

§§94 (5), 4796. Governor shall furnish the several ordinaries all blank forms neces- 
sary for said elections, which they shall furnish the justices of the 
peace, or notaries public who are ex-officio justices of the peace of 
their counties, at least ten days before election day, and on failure to 
do so, shall be liable to a fine not exceeding one hundred dollars. 

§210 (c). §87. Additional blanks to be furnished by the Governor. 

4.Cts 1900 

P . 69. In addition to the blank forms mentioned in the preceding section, 

the Governor shall furnish to the proper authorities of the several 
counties, for all State, presidential, congressional, and county elec- 
tions, sufficient blanks, tally-sheets and blank lists for voters. 



I. How printed. The tally-sheets shall have printed therein 
proper headings and certificate, and, as far as practicable, the names 
of the several candidates, and the blank list for voters shall have 
printed therein proper headings and certificates. 



ARTICLE 7. 
Voters' Freedom from Arrest. 

§§6405, 4453. §89. (§77.) Privileges of an elector. No civil officer shall execute 
any writ or civil process upon the body of any person qualified to 
vote at such elections, while going to, or returning from, or during 
his stay there, on the day, under the penalty of five hundred dollars, 
to be recovered by action. A reasonable and full time shall be al- 
lowed for the journey to and from the polls. Electors shall, in all 
cases except treason, felony, larceny, or breach of the peace, be priv- 
ileged from arrest during their attendance on elections and in going 
to and returning from the same. 



ARTICLE 8. 

Elections to Fill Vacancies. 

§6482. §90. (§78.) Election to fill vacancy for members of legislature, 

notice. Elections to fill vacancies for members of the General As- 
sembly take place under the authority of a writ of election, issued 
by the Governor to the ordinary of the county where the vacancy 



35 SECOND TITLE.— CHAPTER 3, ARTICLE 9. §§91, 92 



Campaign expenses. 



occurs, who must order and publish a day for holding the same, by 
giving at least twenty days' notice. 

§91. (§79.) Elections to fill vacancies, etc. All the provisions ofs^^rae 
this Chapter apply equally to elections to fill such vacancies and any 96 ' 
other special elections. 



ARTICLE 9. 

Campaign Expenses. 

§92. Publication of campaign expenses. All candidates for Gov- A p c . ts 63 1908 ' 
ernor, State-House Officers, Judges of the Appellate and Justices §127 - 
of the Supreme Courts, and for United States Senators, shall, within 
twenty days from the date of holding the election or primary elec- 
tion at which they shall be candidates, file with the comptroller- 1 ' § e g 7 a 1 1 Code * 
general an itemized statement, under oath, of all campaign expenses 
incurred by them, showing the amount of money expended in such 
campaign, the purposes for which it was used, and the source from 
whence it was derived, and shall in addition at the same time 
publish said sworn statement in some newspaper of general circula- 
tion published at the capital of this State ; likewise all candidates 
for Congress or for the State Senate shall, within twenty days after 
the holding of the election or primary election at which they shall 
be candidates, file with the clerk of the superior court of each of 
the several counties composing said congressional and senatorial 
districts, respectively, an itemized statement under oath of all cam- 
paign expenses incurred by them, showing the amount of money 
expended in such campaign, the purposes for which it was used, and 
the source from which it was derived, and shall in addition at 
the same time publish, in some one or more newspapers having a 
general circulation in such district or districts, said sworn state- 
ment ; likewise all candidates for judge of the superior courts, and 
solicitors-general, and members of the General Assembly, and all 
county officers, including county and city judges and solicitors 
elected by the people, shall, within twenty days from the date of 
holding said election or primary election, in the cases of judges and 
solicitors-general, file with the clerk of the superior court of 
each of the counties of the circuit a similar statement under oath 
as that required of the above-named candidates, and shall at the 
same time publish the same in some newspaper having a general 
circulation in the circuit ; and in the case of the county officers, 
including city judges and solicitors elected by the people, file with 



§§93,94 SECOND TITLE.— CHAPTER 4, ARTICLE 1. 36 



Elections for Governor, etc. ; provisions applicable to all. 



the clerk of the superior court of such county a similar statement 
under oath, but said county officers, including city judges and 
solicitors elected by the people, shall not be required to publish 
in any paper said expenses. 

sm - §93. When candidate shall not be declared the nominee. No per- 

son violating the provisions of the preceding Section shall be de- 
clared the nominee of his party. 



CHAPTER 4. 



Elections for Governor, Members of Congress, Electors for President 

and Vice-President, Treasurer, Comptroller-General, 

Attorney- General, and Commissioner of Agriculture. 



ARTICLE 1. 

Provisions Applicable to All. 

§§76, no. §94. (§80.) Provisions applicable to all elections. The elections 

for the officers heading this Chapter are governed by the same rule 
as elections for members of the General Assembly, in the following 
particulars : 

1. In the oaths to be taken by the voters. 

2. In the class of persons to hold the election and the oath to be 
taken by them. 

3. In the places and the time of the day to hold them. 

4. In the manner of conducting and returning them, including all 
special elections, and in the duty of the clerks of the superior courts 
and the grand juries. 

§83 - 5. In the several penalties attached to the superintendent or other 

persons. 

§86 - 6. In the furnishing of blanks by the Governor. 

7. In all other respects where applicable, and there is not a con- 
trary provision by law. 



37 SECOND TITLE.— CHAPTER 4, ARTICLES 2, 3. §§95-97 

For Governor ; for Members of Congress. 



ARTICLE 2. 
For Governor. 
§95. (§81.) Governor elected, when. The Governor is elected §§82(9), 76, 94, 

s K s ' ' 6472-6475. 

biennally, at the same time when members of the General Assem- 
bly are regularly elected, and a vacancy in the office is to be filled 
as required by the Constitution and the regulations of this Code else- 
where in conformity thereto. 

§96. (§82.) Vacancy, how filled. Whenever a vacancy shall occur Acts 1872, 

p. 31. 

in the office of Governor by death, resignation, or otherwise, thei878-9, p. 173. 
President of the Senate, or Speaker of the House of Representatives, 6477. 
as the case may be, exercising the executive powers of the govern- 
ment, as provided by the eighth paragraph of the first section of the 
Fifth Article of the Constitution of this State, shall issue his procla- 
mation, immediately upon his assumption of the duties of the Exec- 
utive, 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 a ma- 
jority 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, thpre shall be no special elec- 
tion, 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. 



ARTICLE 3. 
For Members of Congress. 

§97. (§83.) Time of electing congressmen. Members of the House A cts 1872, 
of Representatives of the United States Congress shall be elected §§76^6633. 
on Tuesday after the first Monday in November of the year 1872, 
and on the same day in every second year thereafter. 



§§98-104 .SECOND TITLE.— CHAPTER 4, ARTICLE 4. 38 



j§144, 260. 



For presidential electors. 



§6482 - §98. (§84.) Governor must order an election, when. If an extra 

session of Congress should be called after expiration of the Con- 
gressional term, and before the next regular time for holding such 
elections, the Governor must issue his proclamation ordering an 
election of such representatives for such extra session. 

§ 6622 - §99. (§85.) Candidates must reside one year in district, to be eligi- 

ble. Besides the qualifications required by the Constitution, a resi- 
dence of one year next preceding the day of election, in the district 
where the candidate offers, is necessary to make him eligible to 
election. 

§6482 - §100. (§86.) Governor to count up votes, etc. Within twenty days 

after the election the Governor shall count up the votes, and im- 
mediately thereafter issue his proclamation, declaring the person 
having the highest number of votes, and otherwise qualified, to be 
duly elected to represent this State in the House of Representatives 
of the United States, and for what period. 

§6482 - §101. (§87.) In case of a tie, new election ordered. If two or more 

persons, equally qualified, should have the same number of votes, 
the Governor shall issue his proclamation, ordering a new election, 
in not less than thirty days. 



§102. (§88.) Members elect to apply for commission in thirty 
days; vacancies. If any person duly elected as aforesaid shall not, 
within thirty days after the Governor's proclamation, apply for his 
commission, the Governor shall order a new election, as prescribed 
in the preceding section, and vacancies for any cause are filled in 
like manner. 



ARTICLE 4. 

For Presidential Electors. 

§§76,6095. §103. (§89.) Presidential electors, when chosen. On Tuesday 

after the first Monday in November, 1868, and every fourth year 
thereafter, until altered by act of Congress, there shall be an election 
for electors of President and Vice-President of the United States. 

united states §104. (§90.) Meeting of electors. On the twentieth day after said 

Revised Stat- a \ o / o 

. ut . es, JH 5 - election shall have taken place, it is the duty of the Governor to 

Acts 1880-1, x 

p oo 67 ' 00 consolidate the several returns, and immediately notify those per- 

1888, p. So. 

sons of their election who have received a vote amounting to a 
majority, and to require their attendance at the capitol on the sec- 



39 SECOND TITLE.— CHAPTER 4, ARTICLE 4. §§105-109 

For presidential electors. 

ond Monday in January next following their appointment, to meet 
at 12 M., and give their votes for President and Vice-President of the 
United States, and all acts and proceedings of said electors and 
other officers of this State, relating to the electoral votes thereof, 
shall conform to the Acts of Congress approved February 3d, 1887, 
and October 19th, 1888. 

§105. (§91.) Proceedings on failure to elect, or in case of vacancy. 

In the event all or a majority of said electors may not have received 
a majority, the Governor shall communicate the fact to the General 
Assembly, if in session, and if not, he shall issue his proclamation 
convening them in time to secure the vote of the State in the elec- 
toral college. The General Assembly shall, by joint ballot, elect as 
many electors as have not received said majority. If a majority of 
electors have been chosen by the people, they may fill the remaining 
vacancies themselves by ballot, which election shall be communi- 
cated to the Governor. If w T hen the electors elected by the people, 
or by the General Assembly, or some by each, convene at the capi- 
tol, any of their number may not be present at the time specified 
for counting the vote, a majority of the elected may fill all vacan- 
cies, which shall be duly communicated to the Governor. 

§106. (§92.) On failure of majority of electors to attend, etc. If a 
majority fail to attend by said "Wednesday at noon, from providen- 
tial cause, those who do attend may adjourn from day to day for ten 
days, and if a majority is not present at the expiration of that time, 
the Governor shall convene the General Assembly on ten days' 
notice, who shall fill the vacancies by election. 

§107. (§93.) Electors shall choose a presiding officer, etc. The 

electors, when assembled to cast the vote, shall choose a president of 
their body from their number, and a secretary not of their number ; 
said secretary shall make a record of their proceedings in a book 
from the Executive Department kept for that purpose. 

§108. (§94.) Electors to choose a messenger. Such electors shall 
elect, by a majority vote, a messenger to convey the vote of Geor- 
gia, and shall, in regard to that and all other matters, proceed ac- 
cording to the Acts of Congress in such cases made and provided. 

§109. (§95.) Pay of electors. The pay of electors shall be fifty Ac ts 18S2-3, 
dollars each for the whole time they are required to remain at the p ' ° 4 ' 
capital on their mission, and ten cents for each mile traveled by the 
nearest practicable route in going to and returning from the capital ; 
the pay of the secretary shall be eight dollars per day for every day 



§§110-114 SECOND TITLE.— CHAPTER 5. 40 

For ordinary and county officers. 



required in attending the electoral college as secretary thereof; all 
of which is to be either paid out of the contingent fund or out of any 
money in the treasury not otherwise appropriated, in the discretion 
of the Governor. 



re, 04. 6599. 



CHAPTER 5. 

For Ordinary and County Officers. 

§110. (§96.) General provisions. Section 94 applies to the officers 
whose elections are provided for in this Chapter. 



Acts is94, §111. (§97.) County officers, when elected. All county officers 

§§6599, 845. shall be elected on the first Wednesday in October of the years in 
which, under the Constitution and laws of this State, elections should 
be held to fill such offices, beginning on the first Wednesday in Octo- 
ber, 1896, for terms beginniDg in January thereafter. 

Acts 1872, §112. (§98.) Official term of county officers. The terms of sheriffs, 
1898. P . 4i. clerks of the superior courts, tax-collectors, tax-receivers, county 

§6599. 

treasurers, county surveyors, and coroners, began on the first day of 
January, 1873, and expired on the first day of January, 1875. And 
all succeeding terms of said officers shall begin on the first day of 
January and expire on the first day of January two years next there- 
after. Provided, that where the tax-collector of any county is suc- 
ceeded by another, the outgoing collector shall make final set- 
tlement with the State and county for the taxes levied and charge- 
able for the year for which he was elected and for the collection of 
which he has given bond ; the incoming collector being charged and 
responsible only with the collection of the taxes due for the years for 
which he is chosen and bonded. 

§94. §113. (§99.) Other county elections. The election of any officer 

not mentioned, whose duties are entirely of a county nature, shall be 
held at the same time, unless otherwise provided for. 

§4796 (5). §114. (§100.) Who to give notice of elections. When either of the 

officers mentioned are to be elected, the ordinary shall give thirty 
days notice of the officers to be elected, and the time of the election, 
which shall be advertised at the door of the court-house, and also in 
some gazette printed in the county, if any. 



41 



SECOND TITLE.— CHAPTER 6. 



§§115-120 



For justices of the peace and constables. 



Acts 1869, 

p. 22. 
§§4658-4662, 
Acts 1898, 

p. 42. 



CHAPTER 6. 
For Justices of the Peace and Constables. 

§115. (§101.) Time and place of election of justices of the peace. 

Justices of the peace shall be elected on the first Saturday in De- 
cember, 1900, and every fourth year thereafter, by the voters of 
their respective districts : Provided, they have resided in the dis- 
trict as much as thirty days immediately preceding the election, and 
are otherwise qualified. The election must be held at the place of 
holding justices' courts for the district; if none, then at the election 
precinct ; if no election precinct, then at some place in the district 
named by the ordinary, of which ten days written notice must be 
given in the district. 

§116. (§102.) Who shall superintend elections. Such elections Acts woo, 
shall be superintended by three freeholders of the district, who shall §§77, 94, si. 
be appointed by the ordinary of the county, and upon the failure 
of one or more of the freeholders appointed by the ordinary to act, 
the place or places shall be filled by any other freeholder or free- 
holders of the district, who shall take the oath required in section 77. 

§117. (§103.) Returns, to whom made. Said superintendents shall §§4659, 4eeo. 
transmit one return of said elections to the Governor and another 
to the clerk of the superior court of the county, who shall keep the 
same on file. The ballots shall be likewise sealed up, and the num- 
ber of the district marked thereon, and delivered to such clerk. 

§118. (§104.) Elections, how governed. The laws governing the §§76 > 94 - 
elections for members of the General Assembly govern in the elec- 
tions of justices of the peace, whenever they may be applied, and 
are not inconsistent with those of this Chapter. 

§119. (§105.) Time of constables' election. Constables shall beActs i898, 

p. 43. 

elected at the same place and by the same class of voters that jus-§§46so, 115. 
tices of the peace are elected, which elections for constables shall 
be held on the first Saturday in December, 1900, and on the first 
Saturday of December every two years thereafter. 

§120. (§106.) Who to preside at constables' elections. Their elec- Acts 1893, 
tions are to be conducted in the same manner as those of justices of §§4796, 76, 
the peace, with the exception that the returns must be made to the 
ordinary of the county. 




§121 SECOND TITLE.— CHAPTER 7, ARTICLE 1. 42 



Contested elections ; in cases where Governor commissions. 



CHAPTER 7. 
Contested Elections. 



ARTICLE 1. 

In Cases Where Governor Commissions. 

A p. ts i2 1 4 893 ' §121. (§107.) Proceedings in contested elections. In all cases 

§§i44, 490. when the election of a person by the people to any office requiring a 
commission from the Governor is contested, the following shall be 
the proceedings in all contests arising therefrom : 

1. Notice to Governor to withhold commission. The contestant or 
his attorney shall give written notice to the Governor of an intention 
to contest, and upon receipt of such notice the Governor shall with- 
hold the issuing of a commission until the contest is decided, or 
until the time hereinafter prescribed shall have elapsed without the 
filing of such contest. In all cases the Governor shall withhold the 
issuing of commissions to persons elected, five days after said elec- 
tion shall have been held. 

2. Notice to adverse party. Such contest shall be begun by giving 
the adverse party five days' notice in writing, stating the grounds of 
contest, the time and place where the contestant intends to take 
testimony, and the judicial officer before whom the testimony will 
be taken : Provided, for providential cause or other sufficient rea- 
son, any other judicial officer than that named in the notice, qualified 
to act, may preside at the taking of such testimony, the cause of 
such change being made to appear by the affidavit of the contestant 
and to be made a part of the record in said case. Said notice may 
be served by the sheriff, his deputy, or any constable of the county 
where the contest is pending, who shall be paid by the party cast in 
the contest two dollars for service of notice of contest and fifty 
cents for each subpoena served. 

J494, 3. Testimony, how and before whom taken. Any judicial officer of 

the county, where the testimony is taken, may preside, to preserve 
order, to swear witnesses, to see that the testimony is fairly and 
impartially taken and reduced to writing. Said officer shall have 
power to subpoena witnesses and compel their attendance, if in this 
State, and to issue commissions to take testimony of persons out 
of this State, and to adjourn from day to day : Provided, all testi- 
mony submitted on the part of the contestant shall be taken within 



43 SECOND TITLE.— CHAPTER 7, ARTICLE 1. §121 

Contested elections ; in cases where Governor commissions. 

thirty days from the day of the election contested. The contestee 
shall be allowed ten days after the closing of the contestant's testi- 
mony, to submit and take testimony in rebuttal or on cross-grounds 
of contest. The judicial officer presiding shall be allowed two dol- 
lars per day for his services, and the clerk who takes down the 
testimony two dollars per day for his services, which, with the cost 
of service of notice and subpoenas herein provided for, may be en- 
forced by execution issued by the judicial officer presiding in said 
contest against the party cast in the contest. 

4. Examination of witnesses. Either party may appear by himself 
or attorney, or both, and cross-examine the witnesses and have 
noted and certified all legal exceptions to the admissibility of testi- 
mony submitted by the opposite party, which exceptions shall be 
passed upon by the court finally determining said contest. 

5. Countercharge by contestee and notice thereof. The contestee 
may file cross-grounds of contest, in which case he shall give like 
notice to the contestant as is required to be given to the contestee, 
and the testimony on such cross-grounds of contest shall be taken 
after the close of contestant's testimony, and within ten days there- 
after, in the same manner as is herein prescribed for the taking of 
testimony for the contestant, and certified by the presiding officer as 
such. 

6. No contest after commission has been issued. No proceedings j144 - 
can be begun to contest an election after the Governor has issued the 
commission in such case. 

7. Transmission of papers, hearing and decision. All papers and Acts i898, 
proceedings or copies of them duly certified by the presiding officer, §§4S5i, 4S55. 
or agreed to by the parties in writing, must be transmitted within 

five days after the closing of the testimony to the judge of the su- 
perior court of the circuit wherein the contest may arise, who shall 
hear and determine the same, either in term time or in chambers, 
after giving reasonable notice to the parties concerned or their coun- 
sel of the time and place of hearing, and in the event the judge 
of the superior court of said circuit is disqualified from hearing 
the contest, or for any legal cause refuses to hear it, he shall cer- 
tify this fact and transmit the papers and proceedings to a judge 
of the superior court of an adjoining circuit, qualified to hear said 
contest, who shall hear and determine it. 

8. Copy of notice — Commission, where to issue. The contestant Acts isos, 
shall send to the Governor a copy of the notice, in writing, required P ' 

by subsection 2 of this Section to be served on the contestee, stating 
the grounds of contest and the time and place of taking testimony, 



§§122, 123 SECOND TITLE.— CHAPTER 7, ARTICLE 1. 44 

Contested elections ; in cases where Governor commissions. 



and the name of the officer before whom testimony is to be taken ; 
if no such copy is sent to the Governor within twenty days after the 
holding of the election, he shall proceed to issue commission as 
though no notice of contest had been received. Should the copy of 
notice above specified be received within the twenty days, but noth- 
ing more, and the time for taking testimony have passed, the party 
whose election was proposed to be contested may procure, from the 
officer named in the notice as the one before whom the testimony 
was to be taken, a certificate showing that the contestant has taken 
no steps to prosecute his claim, and that the delay is not due to any 
fault on the part of said officer nor to the selection of any other offi- 
cer to preside, nor to continuances granted by said officer to either 
party, to be signed by said officer before the clerk of superior court 
or ordinary of the county, who shall certify that the signature is 
genuine and the officer signing the same is known to him to be the 
identical officer who was selected to take testimony in the case, and 
upon the receipt of such certificate the Governor shall proceed to 
issue the commission just as though no notice of contest had ever 
* been sent to him. 

Acts i85i-2, §122. (§108.) When suspected ballots may be examined. When an 
1880-1, p. 95. election is contested on the ground of illegal votes, any of which it 

§§85. S2 (12), t ° ° ' J 

499, 137. i s claimed, on affidavit, can probably be proven by resort to the bal- 
lots, specifying what ballots, it is the duty of the clerk of the supe- 
rior court to deliver the same, together with the list of voters, to the 
person who presides at the taking of testimony, who shall examine 
said suspected ballots, and none other, and have put down, as part 
of the testimony, their contents, and all other testimony attacking 
and defending their legality. If any clerk of the superior court, who 
by law is entrusted with the ballots of any election, shall fail or re- 
fuse to deliver up such ballots where the same are demanded of him 
in accordance with the laws of this State, where such ballots are re- 
quired as evidence in any contested-election case, such clerk of the 
superior court, so failing or refusing, shall be guilty of a misde- 
meanor. 

Acts 1851-2, §123. (§109.) Illegal votes may be proven, etc. Illegal votes, by 

p. 79. 

§§85, S2 (ii). the method aforesaid and otherwise, may be proven by both parties, 
and if such are proven on both sides, one shall stand against an- 
other, and he is elected who has the greatest number of legal votes. 
All are considered legal not proven to be illegal. 



45 SECOND TITLE.— CHAPTER 7, ARTICLES 2, 3, 4. §§124-12G 

Election of member of General Assembly ; other contested elections ; election not set aside, etc. 



ARTICLE 2. 

Election of Member of General Assembly. 

§124. (§110.) Proceedings when seat of a member of legislature is Acts issw, 
contested. The proceedings to contest the seat of a member of the §121. 
General Assembly are the same as stated in the preceding Article, 
and may be transmitted to the Governor, who shall send the same, 
immediately after the organization, to the presiding officer of the 
house where the contest lies, or may be sent direct to such presiding 
officer. 



ARTICLE 3. 

Other Contested Elections. 

§125. (§111.) Contests in other elections. Whenever any contest Acts 1S93, 
arises over an election of any constable, municipal officers, or other §§490-561, 137. 
officers not hereinbefore provided for, the same shall be filed with, 
heard and determined by the ordinary of the county wherein such 
contest may arise, under the same rules and regulations as to the 
mode of procedure as prescribed in contests where commission is 
issued by the Governor. The ordinary shall be entitled to a fee of 
two dollars per day for each day occupied in hearing said contest, 
to be taxed as costs, which may be enforced by execution against 
the party cast in the contest. 



ARTICLE 4. 

Election Not Set Aside for Formal Defects, When. 

§126. (§112.) Election not void by reason of formal defects. Noes- 
election shall be defeated for non-compliance with the requirements 
of the law, if held at the proper time and place by persons qualified 
to hold them, if it is not shown that, by that non-compliance, the 
result is different from what it would have been had there been 
proper compliance. 



§§127, 128 SECOND TITLE.— CHAPTER 8. 46 

Primary elections. 



CHAPTER 8. 

Primary Elections. 

Acts 1890-1, §127. (§113.) Primary elections, how conducted. Every political 

P- 210. . -l-i-iii T-1 •• 

§§82, 34 (8), primary election held, by any political party, organization, or asso- 

58 59 92 93 

127. ' ciation, for the purpose of choosing or selecting candidates for office, 

or the election of delegates to conventions in this State, shall be pre- 
sided over and conducted in the manner and form prescribed by the 
rules of the political party, organization, or association holding such 
primary elections, by managers selected in the manner prescribed 
by such rules. Such managers shall, before entering upon the dis- 
charge of their duties, each take and subscribe an oath that he "will 
fairly, impartially, and honestly conduct the same according to the 
provisions of the law providing how primary elections shall be held 
in this State, and in accordance with the laws of this State govern- 
ing regular elections for the offices of this State." Should one or 
more of the managers thus appointed to hold such elections fail to 
appear on the day of election, the remaining manager or managers 
shall appoint others in their stead and administer to them the 
oath herein prescribed. The managers shall take the oath before the 
notary public or other officer authorized to administer oaths; but if 
no such officer can be conveniently had, the managers may adminis- 
ter the oath to each other. The oath, after being made and sub- 
scribed, shall be filed in the office of the clerk of the superior court 
of the county in which the primary election shall be held, within 
five days after an election. 

Acts 1890-1, §128. (§114.) Exhibition of ballot-box. Before any ballots are re- 
§§85, 122, 82 ceived at such primary elections, and immediately before opening the 
"polls, the managers shall open each ballot-box to be used in the elec- 
tion, and shall exhibit the same publicly, to show that there are no 
ballots in the box. They shall then close and lock or seal up the 
box, except the opening to receive the ballots, and shall not again 
open the same until the close of the election. They shall keep a list 
of voters voting at the election, and shall, before receiving any bal- 
lot, administer to the voter an oath, provided the voter's vote is 
challenged, that he is duly qualified to vote according to the rules 
of the party, and according to the election laws of said State, and 
that he has not voted before in such primary election then being 
held. At the close of the election the managers shall proceed pub- 
licly to count the votes and declare the result. They shall certify the 
result of the election, and transmit the certificate with the tally-sheet 



47 SECOND TITLE.— CHAPTER 8. §§129-132 

Primary elections. 

or poll-list, together with the ballots cast, and all other papers re- 
lating to such primary election, within the time, and in the manner 
prescribed in this Chapter. 

§129. Additional regulations. Whenever any political party Acts r _ 1908 - 
in this State shall hold primary elections for nomination of can- 
didates for office, such party or its authorities shall cause all can- 
didates for nominations for Governor, State Plouse officers, Members 
of Congress, United States Senators, Judges of the Superior Courts, 
Justices of the Supreme Court and Court of Appeals, Solicitors-Gen- 
eral and Members of the General Assembly to be voted for on one 
and the same day throughout the State at such date as may be fixed 
by the State Executive Committee of such party, except where a 
second primary has been called by the authorities of said party 
for any particular office on some subsequent day, through failure to 
make, for any cause, a valid nomination at the first primary, or in 
consequence of a contest: provided, that said executive committee 
shall not fix the date for the said general primary earlier than 60 
days before the date of the general State election in October : pro- 
vided, further, that this section shall not have the effect to require a 
primary for judges and solicitors except in their respective circuits, 
or for members of the General Assembly except in their respective 
counties, or for Senators except in their counties, as the authorities 
of said party may authorize or direct. 

§130. Where elector shall vote. No elector shall vote in any§§68, 70, ti. 
such primary election in a militia district other than the one in §668. 
which he resides, or, if he resides in a city, in a ward other than the 
one in which he resides, if an election precinct be located in such 
ward. n ipj 

§131. Oath of manager, when to be taken. No person shall §127. 
act as manager, clerk, or assistant or in any way take part in re- 
ceiving, counting, or consolidating the votes or results in any such 
primary election who has not first taken the oath prescribed by law 
for managers of primary elections, and no manager of any primary 
election shall permit any person to act as assistant or clerk or in 
any Avay take part in receiving, counting, or consolidating the 
votes or results in any such primary election who has not first taken 
the oath now prescribed by law for the managers of primary elec- 
tions. 



§132. Elector's name must be on registration list. No man- §§ 34 (8 ), 58, 
ager of any such primary election shall receive the ballot of any 



50, 



§§133-137 SECOND TITLE.— CHAPTER 8. 48 

Primary elections. 

elector until he has first ascertained that the name of such elector 
does appear upon the registration list furnished for such election 
by the registrars, or filed by them in the office of the clerk of the 
superior court of the county in which the primary election is held, 
and upon the receipt of such ballot the name of the elector voting 
shall be checked or marked on said list. 

§§72, 85. §133. Returns of managers, how filed and controlled. The 

returns of the managers, with the tally-sheets, lists of voters and 
ballots, together with all papers connected with said election, shall 
be filed in the office of the clerk of the superior court of the county 
in which said election is held, within four days after the final declara- 
tion of the result thereof. One of the lists of the voters and one of 
the registration lists with names of those checked or marked as 
voters shall be exhibited by said clerk to any one desiring to inspect 
same, but the other documents deposited as aforesaid shall be kept 
unopened and under seal until the next meeting of the grand jury, 
to which grand jury one registration list, one list of voters, and 
the checked registration list above mentioned shall be exhibited ; 
and if no action is taken thereon by the grand jury and no contest 
has been filed within the time prescribed by the authorities of said 
party, then all of said election papers shall be destroyed. 

§§82(D, 68. §134. Official ballot shall be provided. The persons authorized 
by the rules of the party, organization, or association to hold such 
primary election shall provide an official ballot whereon shall be 
printed all the names of the candidates for the various offices herein- 
before named. 

§135. Party authorities may formulate additional rules. The 

party authorities shall, in all matters not provided for in this chap- 
ter, formulate rules and regulation for holding said primary election, 
and for making returns thereof to the proper party authorities. 

Acts 1890-1, §136. (§115.) Disposition of papers. Every such primary election 
i9oo, p. 4o. shall be held at the time and place, and under the regulations pre- 

1908, p. 55. r or- 

§§82, 84. scribed by the rules of the party, organization, or association holding 

the same, and the return shall be made and the result declared as 
prescribed in this chapter. 

§§82 (i2), 122, §137. Contests. "When a contest is filed on the ground of 

125. 2 b 

penai code, illegal votes, any of which it is claimed on affidavit can probably be 
proven by resort to the ballots, specifying what ballots, it is the duty 
of the clerk of the superior court to deliver the same, together with 



49 SECOND TITLE.— CHAPTER 8. §138 

Primary elections. 

all papers connected with said primary election, to the person or 
persons who preside at the taking of the testimony in such contested 
election, upon demand, who shall examine said suspected ballots 
and none other. 

§138. Majority vote required in certain cities. No person shall Acts 1907, 
receive the nomination for any office voted on in any primary elec- 
tion, held by any political party, organization, or association, with- 
out receiving a majority of all the votes cast in such primary ; 
and if no one person voted on in such primary receives such major- 
ity, a second primary for such party, organization, or association 
shall be held not less than ten nor more than thirty days thereafter, 
and, in such second primary, only the two candidates receiving the 
highest votes in the first primary shall be voted for, and the person 
receiving the majority of the votes cast in such second primary shall 
be accepted as the nominee or candidate of the party, organization, 
or association holding such primary, and shall be voted for, as such 
nominee, in the general election for which the said primary was 
held : Provided, however, that the provisions of this section shall 
only apply to primaries held for municipal officers in cities having a 
population of seventy-five thousand and upwards, as ascertained by 
the census of the United States last taken. 



§§139-142 THIRD TITLE.— CHAPTER 1, ARTICLES 1, 2. 50 

Of the Executive Department ; the Governor ; inauguration and oath ; commander-in-chief, etc. 

THIRD TITLE. 

Of the Executive Department. 



CHAPTER 1. 
The Governor. 

ARTICLE 1. 

Inauguration and Oath. 

§§6470,82(10). §139. (§116.) Governor's inauguration. The Governor-elect shall 
begin the discharge of his duties from the time of his inauguration. 
The ceremony of inauguration shall take place during the first week 
of the session of the General Assembly next after the election, and 
on such day of that week as the General Assembly, by joint resolu- 
tion, appoints. On failure of appointment, it takes place at twelve 
o'clock, meridian, on Saturday of that week, unless prevented by 
providential causes. 

§§6479, 6682. §140. (§117.) His oath, when taken. The oath prescribed by the 
tenth paragraph of the first section of the Fifth Article of the Consti- 
tution of this State, and the oath to support the Constitution of the 
United States, shall be taken by the Governor-elect in the presence 
of the General Assembly. 



ARTICLE 2. 
Commander-in-Chief, Duty in Case of Insurrection. 

§6480. §141. (§118.) May call out military. It is the duty of the Gov- 

ernor to see that the laws are executed. For this purpose he has 
power, as commander-in-chief, to call out the military whenever, in 
his discretion, the due enforcement of the process of the courts is so 
resisted and set at defiance as to require such interposition. 

§ 6480 - §142. (§119.) In case of insurrection or invasion. In case of inva- 

sion or insurrection, the Governor has power to call out all volunteer 
military companies, or the militia, or both, for the defense of the 



51 THIRD TITLE.— CHAPTER 1, ARTICLES 3, 4, 5. §§143-145 

Appointment of commissioner of deeds ; commissions what officers ; duty as to property of State. 

State, until such time as the General Assembly meet ; and when so 
called into action, he has power to make all necessary provision for 
their transportation, accommodation, equipment, and support. 



ARTICLE 3. 

Appointment of Commissioner of Deeds. 

§143. (§120.) May appoint commissioners of deeds. He shall have ^1829, 
power to appoint, in other States and Territories of the United H203. 
States, commissioners to take and certify the acknowledgment or 
proof of deeds or other conveyance of property in this State, of dep- 
ositions under commissions or otherwise, of powers of attorney, of 
wills executed by persons devising or bequeathing property within 
the State, and of other instruments in writing required to be at- 
tested under the laws of this State. 



ARTICLE 4. 

Commissions What Officers. 

§144. (§121.) Must grant commissions. He shall grant commis-§§i2i, 6483 
sions to all such officers of this State, including senators and repre- 
sentatives in Congress, as are required to hold them, and in all cases 
he may, in his discretion, issue a dedimus potestatem to such officers 
as are authorized to administer oaths, requiring the qualification of 
the officer elect as provided by law, and to issue to him his commis- 
sion. The forms of all commissions shall be in the discretion of the 
Governor. Commissions thus issued are final, except where the Con- 
stitution and laws otherwise provide. 



ARTICLE 5. 
Duty as to Property of State. 

§145. (§122.) Shall issue grants. He shall issue all grants to lands §§3709, 3S07, 

210 (2). 

under the laws of this State, but such shall not be conclusive, but- 
subject to the investigation of the courts; and whenever such are 
declared by the proper court to have been wrongly issued, it is his 
duty to issue another grant in accordance with such decision, if it so 
requires. 



§§146-151 



THIRD TITLE.— CHAPTER 1, ARTICLE 6. 



52 



Property purchased, when. 



§§314, 1C6, 176, 
207. 
1972. 



27, 261 



Acts 1S82-3, 
p. 26. 



Acts 1882-3, 
p. 26. 



Acts 1872, 

pp. 39, 40. 
§§23, 24, 256. 



§146. (§123.) Shall supervise public property. He shall have 
general supervision over all property of the State, with power to 
make all necessary regulations for the protection thereof, when not 
otherwise provided for. He must assign rooms in the capitol to all 
officers who must hold their offices there, and, in the absence of any 
legislative provision, designate the purpose for which other rooms 
are to be applied. 

§147. (§124.) Insure certain property. The Governor shall keep 
insured, at one half their value, all of the public buildings of the 
State and library, except the State arsenals at Milledgeville and 
Savannah, the penitentiary at Milledgeville, and the buildings of 
the Western and Atlantic Railroad. 

§148. (§125.) Draw warrant to pay premium. He is authorized to 
draw his warrant upon the treasury annually for the sum of five 
thousand dollars, or for so much as may be necessary to carry into 
effect the foregoing section. 

§149. (§126.) May sue for dues to the State. Whenever the Gov- 
ernor, after consulting with the attorney-general, or without, if there 
is no such officer, shall deem it proper to institute a suit for the re- 
covery of a debt due the State or money or property belonging to 
the State, he is authorized and required to institute such suit in the 
proper court of this State, with the same rights as any citizen, and 
to require the aid of the attorney-general to begin and carry on such 
suits where practicable, and if not, some other suitable and com- 
petent attorney, on such terms, as to compensation, as he may agree 
upon, but the fees of such attorney shall be conditional. 



Acts 1873, 
p. 49. 



Acts 1873, 
p. 49. 



ARTICLE 6. 
Property Purchased, When. 

§150. (§127.) Governor may buy property in certain cases. At all 

sheriff's sales under any fi. fa. in favor of the State or the Governor, 
the Governor may, by himself, or any one authorized by him, pur- 
chase the property so sold : Provided, in no case shall more be bid 
for such property than the amount due the State upon such fi. fa. 

§151. (§128.) Titles, how made. The property so purchased shall 
be for the use of the State, and the title thereto shall be made to the 
Governor and his successors in office and assigns. 



53 THIRD TITLE.— CHAPTER 1, ARTICLE 7. §§152-157 

Appointments and vacancies. 

§152. (§129.) The Governor may rent or sell the property. The 

Governor may rent out said property, or sell the same at public out- 
cry to the highest bidder, upon such terms as he may deem for the in- 
terests of the State, and may make the necessary conveyances for 
the same : Provided, such sale shall be advertised in the same man- 
ner and for the same time as sheriff's sales. 

§153. (§130.) Removal of liens. In case there be any exemption of 
any part of the property purchased, or the proceeds thereof, or any 
lien or incumbrance of superior dignity to the lien of the State, the 
Governor may pay the amount so exempted, or the said lien or in- 
cumbrance, to the person entitled thereto. 

§154. (§131.) Purchase to be reported. The Governor shall report § 6532 - 
to the General Assembly at its following session, any purchase, lien, 
or sale made under the foregoing provisions, giving full particulars 
of the transaction. 



ARTICLE 7. 

Appointments and Vacancies. 
§155. (§132.) Shall appoint officers and fill vacancies. He shall §§6532, 144, 

. , 6483, 2617, 

appoint all officers and fill all vacancies, unless otherwise prescribed 4834, 6509, 

f-1 T • T 6106 > 6530 « 

by the Constitution and laws. All appointments to discharge a 2066. 
public duty, by the General Assembly, or by the Governor under 
its authority, are declared to be offices within the meaning of the 
Constitution. 

§156. (§133.) Mode of filling certain vacancies. In case of a va-Acts 1871-2, 
cancy from any cause in any office, the full term of which, by the §6483. 
Constitution, is to be filled by the Governor with the advice and con- 
sent of the Senate, the Governor shall appoint and commission some 
qualified person to supply it until the next meeting of the General 
Assembly, when said vacancy shall be filled in the manner described 
in the Constitution for filling the full term of such office. All va- 
cancies which may hereafter occur during the session of the General 
Assembly, or may then exist, shall be filled in pursuance of the pro- 
visions of this section. 

§157. (§134.) May appoint and remove secretaries and others. He 

has the power of appointing the following officers, who shall hold 
their offices during the time for which he is Governor, subject to be 
removed at his pleasure, viz. : 



§§158-161 THIRD TITLE.— CHAPTER 1, ARTICLE 8. 54 



Suspension of treasurer and comptroller. 



§§6488, i24s. >p wo secretaries of the Executive Department. 

§167 ' A messenger for his office. 

§172- A State librarian. 

§167 ' A guard for the capitol buildings. 

A person to keep the capitol grounds and other State property at 
the seat of government in proper order. 

§158. (§135.) Shall appoint officers named in the Code. He shall 
also appoint all the officers of the following State institutions named 
in this Code, and laws hereafter enacted amendatory thereof, unless 
menials, servants, day-laborers, or otherwise required : 

Officers of the penitentiary. 

Trustees of the Georgia State Sanitarium. 

Trustees of the Asylum for the Deaf and Dumb. 

Trustees of the Asylum for the Blind. 

Officers of the Western and Atlantic Railroad. 

Keepers of the arsenal and public arms. 

§§2350, 149. §159. (§136.) May employ agents. And he has power to engage 
the services of any competent person for the discharge of any duty 
required by the laws, and essential to the interests of the State, or 
necessary, in an emergency, to preserve the property or funds of the 

State. 



ARTICLE 8. 
Suspension of Treasurer or Comptroller. 

Acts 1878 9, §160. (§137.) Governor may suspend treasurer or comptroller. 

§§648?', 347, 222, 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, the Governor shall suspend said treas- 
urer, or comptroller-general, as the case may be, and report his rea- 
sons for such suspension to the General Assembly. Said suspension 
shall continue until the General Assembly shall otherwise direct. 

Acts 1878-9, §161. (§138.) Officers pro tern, in cases of such suspension. When- 
ever the State treasurer or comptroller-general shall be suspended, 
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 



55 THIRD TITLE.— CHAPTER 1, ARTICLES 9, 10, 11. §§162-164 

Collection of taxes, when suspended ; warrants on treasury ; records to be kept in Executive office. 

shall take the oath and give the bond required by law of the regular 
incumbent. 



ARTICLE 9. 

Collection of Taxes, When Suspended. 

§162. (§139.) May suspend collection of taxes. The Governor cobt>, 1025. 
may suspend the collection of the taxes, or any part thereof, due the 
State, until the meeting of the next General Assembly, but no longer ; 
nor shall he otherwise interfere with the collection thereof. 



ARTICLE 10. 

Warrants on Treasury. 

§163. (§140.) Payments from the treasury. All payments fr° mA co b £ 83 fo 28 
the treasury, unless otherwise provided, shall be made upon the war- 
rant of the Governor, and he may withhold his approval on any ac- 
count audited and certified by the comptroller-general. The warrant 
shall always specify on what appropriation or fund it is drawn. 



ARTICLE 11. 
Records to be Kept in Executive Office. 

§164. (§141.) Shall cause to be kept a journal of his official acts. 

The Governor shall cause to be kept and preserved in the Executive 
office the following books of record : 

1. Journal. A journal or minute-book, showing all of his official 
acts. 

2. Appropriation book. A book of appropriations, in which shall 
be entered a full account of all annual appropriations, getting forth 
the amounts under their appropriate heads, together with the date 
of his warrant for such appropriation, and in whose favor drawn. 

3. Public debt. A book giving a statement of the public debt of 
the State, the dates and numbers of the bonds issued, in whose fa- 
vor, and for what amounts, the date of payment and the disposition 
thereof; also, a full and accurate account of all sums of money 
that are set apart as a sinking fund for the redemption of the public 
debt, particularly setting forth the amount for the several specific 
purposes, when drawn, and in whose favor drawn. 



§§165, 166 THIRD TITLE.— CHAPTER 1, ARTICLES 12, 13. 56 



Executive seal ; the Executive office and residence of the Governor. 

4. Bonds of officers. A book in which shall be kept copies of all 
bonds of agents disbursing public funds ; also, a schedule of all 
bonds and other evidences of debt due to the State, and the disposi- 
tion made thereof. 
§144, 5. Commissions. A book of commissions, showing the dates when 

issued, for all officers, civil and military, in this State. 

6. Educational fund. A book showing the exact condition of the 
educational fund of this State, and the annual income thereof. 

7. Land books. A book or books containing a list of the respective 
numbers, districts, sections, and counties of the several lots of land 
disposed of by the several land lotteries, and the names of the 
drawers of each, to whom and when granted, and a similar schedule 
of all lands sold by the State, by whom purchased, and to whom 
and when granted. 

8. All documents to be filed. He shall also keep, and cause to be 
carefully filed away, properly marked or numbered, all documents 
appertaining to his office, whether there as the place of deposit or 
received by mail or express, and keep a book as an index or key to 
the same. 

9. Other records. And any other books or files that, in his judg- 
ment, his department needs. 



ARTICLE 12. 
Executive Seal. 



§165. (§142.) Executive seal. There shall be a seal of the Execu- 
tive Department. The device shall be the same as that now used 
therein, and shall not be altered except by authority of the General 
Assemblv. 



ARTICLE 13. 

The Executive Office and Residence of the Governor. 

88261, 146. §166. (§143.) Executive office and residence. The Executive office 

shall be in the State-house at the seat of government. If from any 
cause there is no State-house, or it has to be abandoned, then at 
such place at the seat of government as the Governor may direct, 
and not elsewhere, unless made necessary from invasion, insurrec- 
tion, pestilence, or rebellion. The Governor shall reside at the seat 
of government during his term of office. 



57 THIRD TITLE.— CHAPTER 1, ARTS. 14, 15, SEC. 1. §§167-172 

Governor's messenger, and State-house guard ; of the State librarian ; his duties, salaries of assistants. 

ARTICLE 14. 

Governor's Messenger, and State-house Guard. 

§167. (§144.) May appoint messenger. The Governor may in his §157. 
discretion, as the exigency may require, appoint a messenger to the 
Executive Department, or have that duty performed by some other 
employee about the State-house, engaged by him under the general 
authority granted to him, and when so performed it must be done 
without additional compensation. 

§168. (§145.) Duties of messenger. When there is a messenger, he 
shall perform such duties for the Executive office, the other officers 
in the State-house, and such other service connected with the State 
business at the capitol as the Governor shall prescribe, and be gov- 
erned by such rules and regulations as he may adopt. 

§169. (§146.) If there is no messenger. Where there is no messen- 
ger, the Governor may, if occasion should require, employ some 
person to perform any special service, for a reasonable compensation, 
such as is the duty of the messenger to perform, but which cannot 
be performed by the person acting as such. 

§170. (§147.) Guard of capitol. The Governor shall appoint a 
guard for the capitol buildings, including the captain of the guard,, 
whom he shall designate as such, wiiose business it shall be to re- 
main in said buildings from sundown until sunrise of the next day, 
every night in the year, and on Sundays and holidays, to keep 
watch over the same and protect them from fire or intruders. 

§171. (§148.) Governor's power over guard. The Governor has 
power to keep the number of said guard full, when lessened by provi- 
dential or other cause, and adopt such rules and regulations in 
regard to them as in his judgment the public service may demand. 



ARTICLE 15. 
Of the State Librarian, and Distribution of Laws. 



SECTION 1. 
Librarian and His Duties. Salaries of Assistants. 
§172. (§149.) State librarian, his appointment and term. The Acts isso-i. 

™ p. 69. 

Governor shall present, for confirmation by the Senate, some fit and §§157, 1248 (6), 



§§173-178 THIRD TITLE.— CHAPTER 1, ART. 15, SEC. 2. 



58 



Distribution of books. 



competent person to serve as State librarian, whose term of office 
shall be four years, and until his successor shall have been chosen 
and confirmed in like manner. 



Acts 18S9, 

p. 153. 
1904, p. 50. 
§6495. 



Acts 1909. 
p. 143. 



Act 1847, 
Cobb, 1037. 



Acts 1851-2, 
p. 17. 
§146. 



§173. (§150.) Salary of librarian and assistant. The salary of the 
State librarian shall be eighteen hundred dollars per annum, and the 
salary of the assistant librarian twelve hundred dollars per annum. 

§174. Second assistant librarian. The librarian is authorized 
to employ a second assistant librarian, and the compensation of 
said second assistant shall be at the rate of seven hundred and fifty 
dollars per annum, to be paid quarterly, as other salaries are paid. 

§175. (§151.) Must give bond. The librarian must give a bond in 
the sum of two thousand dollars, with good security, payable to the 
Governor and his successors in office, conditioned for the faithful 
performance of his duty as State librarian. 

§176. (§152.) Must keep library. The library belonging to this 
State, with such additions as may be hereafter made from any 
quarter, together with all copies of the laws, journals or other books 
published or purchased by the State, shall be kept in appropriate 
apartments at the capitol building, designated by the Governor, 
under such rules and regulations as he may from time to time pre- 
scribe. 

§177. (§153.) For inspection. It is the librarian's business to pre- 
serve, keep in order, and protect said library, to keep the same open 
for the inspection of all citizens of the State, and to discharge such 
other duties in connection with the library as may be required of him 
by law or the Governor of the State. 



Acts 1868, 

p. 195. 
§§184. 202. 



SECTION 2. 

Distribution of Books. 

§178. (§154.) Distribute laws, etc. The distribution of the laws 
and journals, reports of the Supreme Court decisions, laws of the 
United States, and all other books required to be distributed to the 
several counties of the State or to be sent to other States, shall be 
made by the librarian, under the direction of the Governor, in pur- 
suance of the provisions of the law in respect thereto. He shall mail 
the decisions of the Supreme Court, as follows : One copy of each 
to the judges of the Supreme and superior courts, the clerk of the 
Supreme Court, the clerks of the superior courts, and the ordinaries 



59 THIRD TITLE.— CHAPTER 1, ART. 15, SECS. 3, 4. §§179-184 

Catalogue ; official annual reports filed with librarian ; printing and distribution of Georgia Reports. 

of this State. The remaining copies he shall keep in the State 
library for use, and for exchange, as is required in this Code. 



SECTION 3. 

Catalogue ; Official Annual Reports Filed with Librarian. 

§179. (§155.) Must take and file receipts. It is his duty to receive 
from the State printer the laws and journals, and, when distribution 
is made to the various counties, to take from the clerks of courts, 
or other distributees, their receipts therefor ; likewise all other books 
required to be distributed. He must receive and take receipts on the 
distribution, and keep in his office a file of such receipts. 

§180. (§156.) Keep a catalogue. He shall make out and keep on 
hand a catalogue of all the books in the library — to be amended 
without unnecessary delay from time to time, as he may obtain new 
books or dispose of old ones — which shall be printed and kept in his 
office in two or more conspicuous places. 

§181. (§157.) Certain reports to be filed with librarian. The Gov-§§i95, 24i, 268, 

252 228 (13) 

ernor, comptroller-general, treasurer, and all other officers who are, (ie). 
or may be, required to make reports to the General Assembly, shall 
furnish the State librarian with at least ten copies each of said re- 
ports, and he shall have the same bound and preserved in the library 
for public use. 



SECTION 4. 

Printing and Distribution of Georgia Reports. 

§182. (§158.) Proceeds from Supreme Court reports. The money Acts i 8 82-3, 
arising from the sale of Supreme Court reports is appropriated for,^ 32 ' 
the purpose of making a permanent fund for purchasing and bind- 
ing books for the State library. 

§183. (§159.) Exchange reports with other States. He must cor-§§i 7 8, 195. 
respond with the proper authorities of other States who publish the 
reports of their highest appellate tribunal, with a view to exchange 
their for our Supreme Court reports. 

§184. (§160.) Sale of reports. The Governor shall ascertain the Acts 1S78-9, 
cost to the State, per volume, of the whole edition of any given vol- §§178, 199. 
ume of the reports published, which shall in no ease be less than 



§§185-187 THIRD TITLE.— CHAPTER 1, ART. 15, SEC. 4. 60 

Printing and distribution of Georgia Reports. 

one thousand copies, and notify the State librarian of the cost per 
volume ; and the State librarian shall sell to the public, for cash 
only, the portion of the reports allotted for that purpose, at the ac- 
tual cost to the State, and deposit each day the money thus received 
into the State treasury before the expiration of the business hours 
of that department. Until six months from the issuance of any vol- 
ume, the librarian shall sell only one copy thereof to the same per- 
chaser. 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. 

Acta ^880-3, §185. (§161.) Electrotpyed, when. Whenever the librarian of the 
§6127. State shall report to the Governor that there are not more than 

twenty-five copies of any electrotyped volumes on hand, the Gov- 
ernor shall have five hundred additional copies struck off, and shall 
draw his warrant upon the printing fund for the expense thus in- 
curred. 

Act» Mso-i. §186. (§162.) Plates, how kept. When the first edition of each 
§1358. volume is printed, the printer shall carefully box up the plates and 

turn them over to the State librarian, who shall preserve them for 

further use. 

Acts 1899, §187. Republication of earlier Reports. The State librarian 

1901, i3. 78. is authorized and directed to republish with annotations, under 
the same restrictions and conditions, so far as practicable, as now 
fy/r, ( H/ D relate to the republication of Georgia Reports, and electrotyped cop- 

ies of same, one thousand copies each of the earlier Georgia Reports, 
together with Charltons and Dudley Reports and Georgia Decisions, 
where the copyright has expired, beginning with Volume I and con- 
tinuing consecutively, to be paid for out of the money received by 
him from the sale of Georgia Reports, together with said Charltons 
and Dudley Reports and Georgia Decisions ; provided, that only such 
volumes be republished during any one year as may be paid for out 
of the said money received during that year. That the librarian shall 
continue said publication of such Reports whenever the copyrights 
may hereafter expire ; provided, that all of said Reports shall be sold 
at actual cost, to the State, of publication; provided, that said re- 
printed reports shall not be sold for more than one dollar and eighty- 
five cents per volume. 



61 THIRD TITLE.— CHAP. 1, ART. 15, SEC. 5. ART. 16, SEC. 1. §§188-191 



Supervision and removal of librarian by Governor ; printing and distribution of laws, etc. 



SECTION 5. 

Supervision and Removal of Librarian by Governor. 

§188. (§163.) His office subject to Governor's supervision. His 
office is under the general supervision of the Governor, who may at 
any time appoint a competent person to examine into and report its 
condition to him. 

§189. (§164.) Must deliver contents of office to successor. If the §304. 
librarian resign, or be removed, he must, within ten days thereafter, 
deliver the books, papers, and other contents of his office to his suc- 
cessor, taking his receipt therefor, which must be filed and recorded 
in the Executive office ; and if there is any deficiency in the books 
received by him, or other damage done, the Governor shall have suit 
brought on his bond. 



ARTICLE 16. 
Printing and Distribution of Laws and Other Documents. 



SECTION 1. 

Distribution of Laws and Journals to County Officers. 

§190. (§165.) Laws and journals to be distributed. After the laws 
and journals are compiled, printed, bound, and delivered to the 
State librarian, he shall, under the supervision of the Governor, 
cause them to be distributed to the several counties of this State. 

§191. (§166.) Number of journals printed. There shall be com- Acts i889 r 
piled, printed and bound (such binding to be the same as that of i86i, p'. 75. 

1 RR4-5 r> 134 

the Acts of the General Assembly) not more than five hundred cop- 
ies of the journals of each branch of the General Assembly ; and it 
shall be the duty of the State librarian to distribute the same as 
follows: One copy of the journal of each branch of the General 
Assembly to the ordinary of each county in this State, whose duty 
it shall be to keep and preserve the same for the use of the public, 
and also one copy to each member of the General Assembly. The 
remainder of the copies shall be retained by the librarian for ex- 
changing with the various States, and for such other use and dispo- 



§§192-197 THIRD TITLE.— CHAPTER 1, ART. 16, SEC. 2. 



62 



Librarian as exchange officer. 



Acts 1861, 
p. 75. 



Acts 1889, 
p. 181. 



sition as the Governor of the State may authorize and direct. The 
librarian shall always keep on hand, for the use of the library, at 
least ninety-five copies of such journals. 

§192. (§167.) Copies of laws for each county. Each county is en- 
titled to one copy of the Acts of the General Assembly for each 
civil officer, both judicial and ministerial, to be distributed by the 
ordinary. 

§193. (§168.) Copies of journals for each county. The copy of the 
journals of each branch of the General Assembly shall remain on 
deposit in the office of the ordinary, and to which the citizens of the 
county shall have free access ; each county is also entitled to a copy 
of the laws and journals for each member of the General Assembly. 

§194. (§169.) Journals to be bound. One copy of the journal of 
each branch of the General Assembly, as well bound as the Acts, 
shall be securely kept, and not permitted to go out of the ordinary's 
office. 



SECTION 2. 



Librarian as Exchange Officer. 

Acta mod, §195, Librarian as exchange officer. The State librarian shall 

8 £f£w^'o« 8 be the exchange officer of Georgia for the purpose of a regular 

i39 7 2G i 8 4oo 387 ' systematic exchange between this and other States of public docu- 

^2?* ^!oo' ments, and the several State departments and institutions are re- 

1571, 158.5, ' 

1473 - quired to deposit with said officer for said purpose at least sixty-five 

copies of each of their reports and bulletins. 

§196. State institutions and public schools supplied. Such of 
the State institutions and public schools of Georgia, and other 
institutions of learning, as maintain libraries and desire to receive 
them, shall be supplied free of charge by the State librarian with 
Colonial, Revolutionary, and Confederate records, and public docu- 
ments. 

§197. Price for shipments. Fifty per cent, of the net price shall 
be added to the price of reports, laws, and records, where they 
are shipped outside of the State, to cover transportation charges in 
the United States. 



63 THIRD TITLE.— CHAPTER 1, ART. 16, SECS. 3, 4. §§198-200 

Reserved copies ; Acts of Congress, how distributed. 

§198. Worn-out copies. Worn-out copies of Georgia State pub- 
lications shall be rebound, sold at second-hand price, or discarded at 
the discretion of the librarian. 



SECTION 3. 

Reserved Copies. 

§199. Reserved qopies. Fifty copies each of Acts and House Acts 1878-9, 
and Senate journals shall be reserved by the librarian for 1 ^, p. 141. 

J . §§184, 195-198. 

three years, from which time twenty-five copies only need be re- 
served; remaining copies of journals as well as laws, after the dis- 
tribution elsewhere provided is effected, shall be held 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. 
And the librarian at the end of every six months shall pay all mon- 
eys 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. 



SECTION 4. 

Acts of Congress, How Distributed. 

§200. (§171.) Acts of Congress, etc., how forwarded. Each county Acts 1874, 
is entitled to two copies of the Acts of Congress to be kept in the 
office as the journals are. The librarian, under the supervision of 
the Governor, as soon as the laws and journals of each session are 
published, shall forward by express, prepaid to the nearest office of 
each ordinary in the State, the number of the laws and journals each 
county may be entitled to : Provided, when the ordinary of any 
county shall be at any actual and necessary expense in getting the 
books from the express office, he shall give an order on the county 
treasurer for said sum, and the county treasurer shall pay the same. 
And the librarian, as soon as he shall have expressed said laws and 
journals, shall notify each ordinary thereof by mail, and also notify 
him of the office to which said laws and journals have been sent. 



j §201 -204 THIRD TITLE.— CHAPTER 1, ART. 16, SECS. 5, 6. 64 



Books furnished University of Georgia ; counties, how supplied with Georgia Reports. 



SECTION 5. 

Books Furnished University of Georgia. 

A p%i 884 " 5, § 201 - (§ 172 -) Books furnished University of Georgia. Volumes of 
§§i95, 196. t ] ie Supreme Court reports, and such other public books as are fur- 
nished by the State to the several counties, shall be furnished to the 
University of Georgia. 



SECTION 6. 
Counties, How Supplied with Georgia Reports. 

A p cts 2 ^ 8823 ' §202. (§173.) Librarian to supply county with certain reports. 

§§i84. 178. Whenever the Governor shall have satisfactory evidence that the 
Supreme Court reports, or any of them, have never been furnished 
by the State to any county of this State, it shall be his duty to cause 
the librarian to furnish such county with such volumes as have not 
been furnished with the same. 

A p tS 24 18823 ' §203. (§174.) Librarian to furnish reports destroyed. When- 
ever the ordinary of any county shall furnish the Governor with 
satisfactory evidence that the Supreme Court reports furnished by 
the State to such county, or any part of such reports, have been de- 
stroyed by fire or by the soldiers of either army during the war, 
it shall be the duty of the Governor to cause the librarian to furnish 
one copy of each report so destroyed to the clerk of the superior 
court of such county : Provided, no reports shall be furnished to 
supply the place of such as may be destroyed after September 21st, 
1883. In no event shall any books be furnished to supply the place 
of books that have been lost or destroyed other than by the soldiers 
of either army or destroyed by fire. 

Acts 1882-3, §204. (§175.) Governor to draw warrant. Whenever the Governor 

p. 24. ° v - ' 

shall decide that any county is entitled to be supplied with any 
number of Supreme Court reports, he shall draw his warrant upon 
the treasurer for the amount required for the same : Provided, that 
not more than two hundred and fifty dollars shall be drawn to supply 
reports to any one county. 



65 THIRD TITLE.— CHAPTER 2, ART. 1, SEC. 1. §§205-208 



Secretary of State, etc. ; election, bond, and compensation. 



CHAPTER 2. 
The Secretary of State, Treasurer, Comptroller-General, and 

Attorney-General. 



ARTICLE 1. 
Of the Secretary of State. 



SECTION 1. 

Election, Bond, and Compensation. 

§205. (§176.) Secretary of State, his election and term. There § ^ 48 2 %f 63 ' 
shall be a secretary of State, elected by persons qualified to vote for 
members of the General Assembly, at the same time and in the same 
manner as the Governor. 

§206. (§177.) Must give bond. Before entering on the duties of A cl b l 84 wu. 
his office, he shall execute a bond with sufficient securities, to be ap- 
proved by the Governor, in the sum of ten thousand dollars, condi- 
tioned for the faithful performance of all the duties of his said 
office, and all such duties as shall be required of him 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 his hands during his 
continuance in office. It shall be filed in the Executive office, and§ 285 - 
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. 

§207. (§178.) Shall keep his office in the capitol. He shall be pro -Acts ism, 
vided with suitable apartments in the State capitol, furnished at the§§ 216 ' 227, 261, 
State's expense. He shall reside at the capital, and keep his office 
open daily, Sundays and holidays excepted. 

§208. (§179.) Shall furnish copies of records. He shall furnish to§ 216 - 
all applicants, upon the payment of the prescribed fees, copies of all 
records and public documents within his office, and shall attach the 
great seal of the State to such transcripts as the Governor or Gen- 
eral Assembly may direct. 



§§209, 210 THIRD TITLE.— CHAPTER 2, ART. 1, SEC. 2. 66 

Duties of secretary of State. 

A cobbf 2 io27. § 209 - (§1?0.) Shall have no perquisites. He shall receive no per- 
§ 2233 8 ' 6495 ' quotes for any official act, but the fees prescribed shall be collected 
by him and paid into the State treasury. 



SECTION 2. 
Duties of Secretary of State. 

A cobb 83 i636 § 210 - (§ 181 -) Dut y of secretary of State. The offices of secretary 
ActS 249 865 6 ' °^ State an( ^ surveyor-general are consolidated, and the secretary of 
i86i, p. 72. State is required to discharge the duties of both of said offices. 

§§214, 1248, 
350, 501, 909, 

2208, 2230. i. Care of seal and records. It is his duty to keep the original 
Acts passed by the General Assembly, and all the public records of 
the State not appertaining specially to other offices. He shall look 
to and preserve the records and papers belonging to the Senate and 
House of Representatives. He shall see that the original journals 
of both houses are deposited in and kept in his office. 

§§3799, 3807, 2. Affixing great seal. He shall attest all grants, and other public 
documents requiring the great seal of the State, issuing from the 
Executive of the State. 

3. Record of grants. He shall keep a record in proper books of all 
grants issued by the State. 

4. Care of bonds of agents. He shall keep safely all bonds of 
agents appointed to disburse public money. 

5. Stationery, etc., for use of General Assembly. He shall provide 
all fuel, lights, servants, or other contingents necessary for the Gen- 
eral Assembly; also, all stationery for their use, and shall report the 
amount of the same to the finance committee of the House of Repre- 
sentatives before the adjournment of the session. He shall perform 
all other duties required of him by law, or which necessarily attach 
to his office. 

Acts 1873, q Election-blanks. At least thirty days previous to the day of 

§§4796, 86, 87, election of Governor, members of the General Assembly, representa- 

94 (6). 

tives to Congress, electors of President and Vice-President of the 
United States, and county officers, he shall furnish each ordinary 
of the State with printed forms of returns, certificates, and direc- 
tions, together with any advice he may deem necessary to secure 
proper returns ; and he shall provide and keep on hand a sufficient 



67 THIRD TITLE.— CHAPTER 2, ART. 1, SEC. 3. §§211-213 

Great seal of the State, and its custody. 

quantity of self-sealing envelopes of uniform appearance and suitable 
size and quality for use in the elections aforesaid. 

§211. (§182.) Shall not speculate in wild lands. He shall not, di- §240. 
rectly or indirectly, be interested or engaged in the purchase and 
sale of wild lands on speculation, on pain of removal by the Governor 
or the General Assembly. 

§212. (§183.) Quadrennial destruction of election returns. The Act y 4 878 - 9 - 
secretary of State shall destroy, quadrennially, all returns of elec-§ 82 do). 
tions, on file in his office, of those officials whose terms of office have 
expired. 



SECTION 3. 

Great Seal of the State, and Its Custody. 

§213. (§184.) Great seal to be kept in his office. He shall keep §202. 
the great seal of the State adopted February 8th, 1799, and now on 
deposit in the office of the secretary of State. It is as follows : 

1. It is of silver, and the size of two and a quarter inches in diam- 
eter. 

2. The device on one side is, a view of the seashore, with a ship §§1263, 6496,5. 
bearing the flag of the United States riding at anchor near a wharf, 
receiving on board hogsheads of tobacco and bales of cotton, em- 
blematic of the exports of this State ; at a small distance a boat, 
landing from the interior of the State, with hogsheads, etc., on 

board, representing her internal traffic ; in the back part of the same 
side a man in the act of plowing, and at a small distance a flock of 
sheep, in different pastures, shaded by a flourishing tree ; the motto 
thereon, "Agriculture and Commerce, 1799." 

3. The device on the other side is, three pillars, supporting an 
arch, with the word ' ' Constitution ' ' engraven within the same, em- 
blematic of the Constitution, supported by the three departments of 
government, Adz., the legislative, judicial, and executive — the first 
pillar having engraven on it "Wisdom," the second "Justice," the 
third "Moderation;" on the right of the last pillar a man standing 
with a drawn sword, representing the aid of the military in the de- 
fense of the Constitution; the motto, "State of Georgia, 1799." 



§§214, 215 THIRD TITLE.— CHAP. 2, ART. 1, SEC. 4. ART. 2, SEC. 1. 68 

Duties of surveyor-general imposed on secretary of State ; of the State treasurer ; election and rights. 

SECTION 4. 
Duties of Surveyor- General Imposed on Secretary of State. 

Act 1783, §214. (§185.) Duties heretofore devolving on the surveyor-gen- 

Cobb, 665. . . 

§§210, 475, 482. eral. The secretary of State shall also discharge the following du- 
ties, heretofore devolving on the surveyor-general, to wit : 

1. Care of plats. To keep safely all the records of plats of land 
granted, and to report the condition of such records to the Governor 
at least once a year. 

2. Record of plats. To record all plats of land legally authenti- 
cated and returned to him by the several county surveyors, or other 
surveyors acting by authority, for which grants are sought, and to 
attach the originals thereof to the grants. 

3. Maps of surveys, etc. To keep in his office correct maps of all 
the different surveys (made by State authority), and of those com- 
prising the land lotteries, their divisions into numbers, districts, 
sections, and the like, having for every district a separate map. 

4. Register of grants. To keep a register of the various grantees 
thereto, and the dates of the grants. 

5. Maps of rivers, surveys, etc. To keep correct maps of all sur- 
veys of rivers, harbors, swamps, or land, made by the special direc- 
tion of the General Assembly. 

6. New maps. He shall, when necessary, contract for the execu- 
tion of new maps, or the re-execution of, or repair of, old maps, 
subject to the ratification of the General Assembly. 

7. Certificates. He must certify under his official seal, as the 
comptroller-general is directed. 



ARTICLE 2. 
Of the State Treasurer. 



SECTION 1. 
Election and Rights. 

isms <.3h_ §215. (§186.) Election and term of office. There shall be a treas- 
urer of the State, who shall be elected at the same time and in the 
same manner with the Governor. He shall hold his office for two 
years, and until his successor is elected and qualified. His salary 
shall be two thousand dollars per annum. 



1762, 80, 2280. 



69 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 2. §§216-218 

Approval, lien, and record of treasurer's bond. 

§216. (§187.) His rights and duties. His rights and duties areActi826, 

3 ^ / • o <= Cobb> 1027 _ 

the same as those of the secretary of State, set forth in sections 207 §§1248 (3), 226, 

TT • • 237 ' 261 ' 6495 - 

and 208, except the use of the great seal. He shall receive no perqui- 
sites for any official act, but the fees prescribed shall be collected by 
him and paid into the State treasury. 



SECTION 2. 
Approval, Lien, and Record of Treasurer's Bond. 
§217. (§188.) Treasurer's oath and bond. Before entering on the Acts is? 



duties of his office, the State treasurer shall take an oath before the §§6489/2281, 
Governor, or one of the judges of the Supreme or superior courts of 
this State, to support the Constitution of the United States, and the 
Constitution of the State of Georgia, and faithfully to execute the 
duties of his office, which oath shall be in writing, and subscribed 
to by the State treasurer, and filed and recorded in the Executive 
office. He shall also give bond to the State of Georgia, with secu- 
rity or securities, approved by the Governor, in the sum of two hun- 
dred thousand dollars, conditioned as follows : 

1. That he will faithfully discharge, execute, and perform all and 
singular the duties of him required, and which may be required by 
the Constitution and laws. 

2. That he will faithfully account for and. pay over all moneys 
that may be received by him from time to time, by virtue of his 
office. 

3. That he will safely deliver to his successor all books, moneys, 
vouchers, accounts, and effects whatsoever belonging to his said 
office. 

§218. (§189.) Securities on bond; bond a lien. Each security on Ac ts me. 
the bond of the treasurer shall make oath that he is bona fide worth, §§281, '228, 

1187 572 

over and above his debts, exemptions and liabilities of all kind, prop- 1190. 
erty in realty and personalty not less than some specified sum to 
be stated in said oath, which oath shall be attached to said bond, 
and recorded therewith. He may, by express stipulation in writing, 
limit his liability to a specific sum to be stated in said bond ; and 
all the property of the treasurer to the full amount of said bond, 
and the property of the securities to the amount for which they may 
be severally bound, shall be liable for the faithful performance by 
the treasurer of the duties of his office, from the date of the execu- 
tion of said bond ; and a lien is hereby created in favor of the State 



§§219-221 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 3. 70 



New bond required, when. 



upon the property of the treasurer to the amount of said bond, and 
upon the property of the securities upon his said bond to the amount 
for which they may be severally liable, from the date of the execu- 
tion thereof. 

t ct i27? 76, §219. (§190.) Governor's approval of bond. The Governor shall 

§§278-3oi. n0 {. a pp r0 ve any bond of the treasurer unless the sums so sworn to, 
and the specific sums in which the security or securities have limited 
their liability, shall in the aggregate, at least, equal two hundred 
thousand dollars, and he shall be satisfied of the responsibility of 
each security. 

Actors, §220. (§191.) Record of bond. The bond of the treasurer, when 

§§5798. 285. duly executed and approved, shall be recorded in the secretary of 
State's office, and filed in the Executive office, and a copy thereof, 
certified by one of the Governor's secretaries, under the seal of the 
Executive Department, or a certified copy taken from the records of 
the secretary of State's office, shall be received in evidence, in lieu 
of the original, in any of the courts of this State. 



SECTION 3. 

New Bond Required, When. 

Acts 1876, §221. (§192.) Insufficiency of security. The Governor, at all times 

when, in his opinion, the security or securities of any treasurer have 
or are likely to become invalid or insufficient, shall demand and re- 
quire such treasurer forthwith to renew his bond to the State of 
Georgia, in the penalty and according to the form prescribed in this 
Article ; and in case of neglect or refusal by any treasurer to give 
bond, with security or securities, within ten days after the same 
shall be demanded and required by the Governor, such neglect or 
refusal shall be a disqualification under the law, and shall create a 
vacancy in said office of treasurer ; and the Governor shall proceed 
forthwith to appoint a fit and proper person to fill the vacancy oc- 
casioned thereby, until the next session of the General Assembly 
thereafter ; and such appointee shall give like bond and security, and 
in the same manner, and upon the same terms as prescribed for the 
treasurer. 



71 THIRD TITLE.— CHAPTER 2, ART. 2, SECS. 4, 5. §§222-224 



Suspension of treasurer ; execution against securities. 



SECTION 4. 

Suspension of Treasurer. 

§222. (§193.) Suspension of treasurer. Upon representation made Act « 2 J 876 ' 
to the Governor by any person under oath, or where the Governor §|^o, 6487, 
has received reliable information from any source, that the treas- 
urer is insane, or manifestly insolvent, or that he has absconded or 
concealed himself, or is guilty of conduct which is to the hazard of 
the public treasury, he shall call a council to be composed of the 
attorney-general, secretary of State, and comptroller-general, and if 
they, or a majority of them, after an examination into the truth 
of such representation, shall find the same to be true, the Governor 
shall suspend the treasurer from office until the next session of the 
General Assembly and issue proclamation thereof, and he shall sub- 
mit to said body his action in the premises and the reasons therefor. 
In the event of a suspension of the treasurer, the Governor shall 
appoint some fit and proper person to discharge the duties of said 
office during the period of such suspension, who shall take an oath 
and give bond and security upon like terms and in the same manner 
as provided for the treasurer elected by the people. 

§223. (§194.) The Governor to exercise general superintendency Act ^ 2 J 876 - 
over. The Governor may exercise a general superintendence over 
the office of State treasurer, not inconsistent with the provisions 
prescribed for it by law, and may at any time appoint some com- 
petent person to examine into the state of such office, for any period 
of time he may designate, and report its condition to him ; and shall 
have power to require, in writing, of such treasurer, to withdraw the 
public funds from any place of deposit deemed unsafe by him. 



SECTION 5. 

Execution Against Securities. 

§224. (§195.) Failing to perform duties; fi. fa. instanter. If the Act y 876 ' 
treasurer fails to perform the duties of his office, misapplies or uses §§218, 347, 160, 
the funds of the State, fails to account for and pay over any moneys 
that he may have received by virtue of his office, whereby he be- 
comes liable to the State, it shall not be necessary to sue on his official 
bond, but the Governor may issue a fi. fa. instanter against the treas- 
urer and his securities for the amount due the State by the treasurer, 
with the penalties and costs; said fi. fa. to be directed to all and 



§§225-227 THIRD TITLE.— CHAPTER 2, ART. 2, SECS. 6, 7. 72 

Resignation or default of treasurer ; office, fees, and clerk. 

singular the sheriffs of said State, and shall be executed by them; 
and the treasurer and his securities shall have only those defenses 
now allowed tax-collectors against fi. fas. issued by the comptroller- 
general against them. 



SECTION 6. 

Resignation or Default of Treasurer. 

Acts 1876, §225. (§196.) Treasurer resigning or removing. If the treasurer 

resign or is removed, he must, within ten days thereafter, state his 
accounts to the comptroller-general, and deliver the books, papers, 
and money of the treasury to his successor, taking his receipt there- 
for; and the comptroller-general must record a statement of such 
settlement and receipt in his office, and report the same forthwith to 
the Governor. 

Acts 1876, §226. (§197.) Treasurer in default or absenting himself. If the 

§347. treasurer fail to comply with the provisions of the preceding section, 

or if he dies, absconds, or absents himself without sufficient cause for 
as long as twenty days, the comptroller, after giving ten days' no- 
tice by publication in some public gazette at the seat of government, 
must proceed, and in the presence of any person who may appear in 
behalf of the late State treasurer, or, if none appear, in the presence 
of the attorney-general, to state his account and deliver the books, 
papers, money, and all other appurtenances of his office to his suc- 
cessor, taking his receipt therefor, and record and file such state- 
ment and receipt in his office, and report forthwith to the Governor. 



SECTION 7. 

Office, Fees, and Clerk. 

Acts 1876, §227. (§198.) Office, where kept ; clerk. He shall be provided with 

§§1248 (3), 2i6, suitable apartments in the State capitol, furnished at the State's 

207, 6495, 261, r , > nn 

we. expense. He shall reside at the capital, and keep his office open 

daily (Sundays and holidays excepted), and he shall furnish to all 
applicants, upon the payment of the prescribed fees, copies of all 
records and public documents within his office. He shall receive no 
perquisites for any official act, but the fees prescribed shall be col- 
lected by him and paid into the State treasury. He may employ a 
suitable person as clerk to assist him in the duties of his office, and 



73 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 8. §228 

Duties of treasurer. 

remove him at his pleasure ; and such clerk shall receive a salary of 
sixteen hundred dollars per annum. 



SECTION 8. 
Duties of Treasurer. 
§228. (§199.) Duties of treasurer. It is the duty of the State Acts 1876, 

p. 129. 

treasurer — §§2884, 232, 

2280 

1. Money and warrants. To receive and keep safely all the money 
which shall be paid to him in behalf of the State (giving certifi- 
cates therefor, which shall specially set forth the amount, on what 
account, and by whom paid, and shall be lodged as vouchers in the 
comptroller's office), and to pay out the same only upon the war- 
rants of the Governor, when countersigned by the comptroller-gen- 
eral, excepting the draft of the President of the Senate, and Speaker 
of the House of Representatives, for sums due to the members and 
officers of their respective bodies. 

2. Book of accounts and warrants. He shall keep a durable book, 
wherein he shall enter each day, in charge against himself, all and 
every sum of money received by him, stating from whom and on 
what account received, and per contra crediting himself with any 
and all sums disbursed by him in any manner, stating to whom paid, 
when paid, and on what account or purpose paid; and for all dis- 
bursements whatsoever, he shall take receipts or other vouchers 
therefor. He shall also keep a true and faithful record in a book of 
all warrants drawn by the Governor on the treasury, stating the 
number of the warrant, the amount, the date and the payee of the 
same, and to what fund the same is chargeable, and he shall care- 
fully keep on file said warrants. 

3. Ledger and entries therein. The treasurer shall keep a general 
ledger of accounts, into which he shall post all the receipts and dis- 
bursements of his office, arranging the receipts and disbursements 
under the heads to which they properly belong. He shall open in 
said ledger an account with each appropriation made by the General 
Assembly, and with each salaried officer of the State, in which he 
shall credit the object for which the appropriation was made with 
the amount appropriated to the object, and shall charge such ap- 
propriation with the payments made by him upon the same. He 
shall open in said ledger a general account of receipts and dis- 
bursements; which last-mentioned account he shall compare with 
the books kept by the comptroller in his office, on the last day of 



§228 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 8. 74 

Duties of treasurer. 



each quarter of the fiscal year; and, after having compared them, 
shall strike the balance on said account, showing the amount at 
that time in the treasury to the credit of the State, and he shall 
carry said balance forward on the book to the general account for 
the next quarter. 

§1249> 4. Bank accounts. The treasurer shall keep accounts in the books 

of his office with the different banks in which the public revenue or 
money is deposited, on which balances shall be struck at the aforesaid 
periods, showing the amount in bank to the credit or debit of the 
State ; but the deposits of the public revenue or money shall be made 
only in such bank or banks as the treasurer may select, with the ap- 
proval of the Governor, and the written approval of the Governor 
designating the depository or depositories of the public funds shall 
be entered of record in the Executive office. The bank or banks 
where public deposits are made by the treasurer, or by any other 
person by the direction of the treasurer, shall transmit to the comp- 
troller-general and treasurer monthly statements of the deposits, 
checks, and drafts received and paid by them on account of the 
treasury. 

Act i29 876, 5. Cash accounts; quarterly balancing. The treasurer shall also 

keep a general cash account, which shall be balanced at the expira- 
tion of each quarter of the fiscal year, showing the balance in the 
treasury at the end of each quarter. 

6. Check-book and stubs. The treasurer shall also keep check- 
books, within which there shall be suitable margins. The checks 
shall be numbered by numbers in the margins corresponding with 
the numbers upon the checks; and he shall note in the margin the 
date and amount of the check, the appropriation to which it shall be 
charged, and the person to whom it shall be issued; and he shall 
balance his accounts with all banks or other depositories holding 
State deposits as often as once in each month. 

§§23i, 243, 241. 7. Estimates and annual report to Governor. Preceding each an- 
nual session he must submit to the Governor detailed estimates of the 
probable receipts and expenditures for the next fiscal year, stating 
the source of income and the probable amounts to be received there- 
from ; also the objects of appropriation and the probable necessities 
of the treasury. 

§§238 (7), 6438. 8. Payment only to purpose for which fund appropriated. He 
shall pay all funds pledged to the payment of the public debt, or 
interest thereon, or to any object of education, and to these objects 
only, and in nowise to any other purpose. All payments from the 



75 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 8. §228 

Duties of treasurer. 

treasury shall be paid from the fund appropriated for such purpose, 
and not from any other. 

9. Quarterly report to Governor. At the end of every quarter of § 6572 - 
the year, he shall make a written report, under oath, to the Governor, 

of the several amounts received by him during the three months 
preceding such report; and he shall also submit to the Governor 
itemized monthly reports of the condition and transactions of the 
treasury, and the information contained in such monthly reports 
may be given to the public from time to time at the discretion of 
the Governor. 

10. Deposit in bank; supervision thereof by Governor. He shall 
keep safely the scrip for bank-stock, the State bonds, and other evi- 
dences of the educational fund, and manage and control the same 
for the purposes to which they are pledged. He may, with the ap- 
proval of the Governor, deposit all funds set apart for the purpose 
of education, or any other purpose not required for immediate 
use, in any chartered bank of this State, subject to his draft as 
treasurer, and, with the Governor, make such contract with said 
bank for the use of such funds as may be beneficial to the State. 
If, at any time when the legislature is not in session, the Governor 
be of opinion that the safety of the public funds requires it, he 
shall, by his order in writing, direct the treasurer to transfer the 
money held by any depository or depositories, on account of the 
treasury, to any other safe and proper depository or depositories, as 
the treasurer may select, with the approval of the Governor, which 
approval shall be in writing, and shall designate the depository or 
depositories thus selected, and the treasurer shall thereupon trans- 
fer the same as directed ; but all such orders shall be duly recorded 
in the Executive office, and, as soon as possible thereafter, be sub- 
mitted to the legislature, with the reasons therefor. 

11. Use of public funds for private purposes forbidden. The treas-§§6493, 6495, 

. 6566, 237, 

urer shall not, under any circumstances, use himself, or allow others 1251. 
to use, the funds of the State dn his hands ; and for every violation 
of this section he is liable to the State for the sum of five hundred 
dollars, as a penalty, or a forfeiture of his salary, if said forfeiture 
will pay the penalty incurred. 

12. Payment of salaries in advance ; how far allowed. He is author- §238 (2). 
ized to pay all officers of the State, whose salaries are fixed by law, 
seventy-five per cent, of the amount for which service has been act- 
ually rendered at the date of said payment, taking receipts for the 
same, which shall be his vouchers and exhibits to executive warrants 

for said salary ; and may also pay members of the General Assembly 



§§229, 230 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 9. 76 

Bond-book and fiscal year. 

in the same way, where their accounts are duly audited, unless pre- 
vented by the resolution of either or both branches of the General 
Assembly. 

§§229-231, 195. ^ Report of State debt. He shall annually report to the Gov- 
ernor the amount of the State debt bearing interest for each year, 
distinguishing between the sterling bonds, if any, and federal; the 
rate per cent, paid on each kind of bonds, the amount of each rate 
paid ; also the exchange, if any ; premiums on gold, if any ; and the 
aggregate amount of interest paid in each year, and the probable 
amount due and unpaid at each semi-annual payment, and the rea- 
sons for such non-payment, as far as can be ascertained by him. 

§23 °- 14. Cancellation of bonds and coupons. When he pays the interest 

or principal of the State debt, upon a warrant issued in his favor, he 
shall stamp or mark, in a plain and indelible manner, the coupons or 
bonds on which the payments are made, "paid," and deposit the 
same in the vault of the treasury, to be preserved in the treasurer's 
office with the same care as the funds of the State, subject to the 
order of the General Assembly. 

§§23i, 58i. 15. Lapsed appropriations. He shall not pay any appropriation 

due and not called for within six months after the expiration of 
the fiscal year for which it is appropriated, but it reverts to the gen- 
eral fund in the treasury. 

§§i8i, 243, 195. jg Reports filed, when. All annual reports required to be made to 
the Governor by the treasurer shall be made on or before the thirty- 
first day of December, and shall be filed in his office, and by him 
laid before the General Assembly, in connection with his first annual 
message thereafter. 



SECTION 9. 
Bond-Book and Fiscal Year. 

Acts 1889, §229. (§200.) Form of bond-book. The dates and maturity of all 

p. 644. 

§1279. bonds and coupons, the authority under which they were issued, by 

whom negotiated, or to whom sold, when negotiated and sold, shall 
be, as far as practicable, incorporated in a bond-book to be provided 
by the treasurer, and the paid and canceled bonds and coupons of 
this State, when paid, shall be pasted in such bond-book in such 
manner that they can, at all times, be referred to and verified. 

Acts^isso, §230. (§201.) Canceled bonds. All bonds, and coupons of bonds, 

1873. p. is. w hich shall be paid by the treasurer, after having been canceled, 



77 THIRD TITLE.— CHAPTER 2, ART. 2, SEC. 10. §§231-233 



Bond commissioner. 



shall be pasted in the spaces provided in said book, according to their 88 ( ^, ir- 
respective numbers; and it shall be the duty of the committees of 
the legislature appointed to make examinations of the treasurer's 
office, to make a memorandum by numbers and dates of all past-due 
bonds and coupons that are outstanding and unpaid, and report the 
same to the General Assembly, and furnish to the treasurer a copy 
of such memorandum. The treasurer shall exhibit the same to each 
successive committee of each legislature, and such committee shall 
check the same, so as to verify such bonds or coupons as have been 
paid since the date of said memorandum. 

§231. (§202.) Fiscal year begins, when. The fiscal year in this Acta i88i, 
State shall commence on the first day of January, and end on the§§ 268 - 181 - 22S 

(13), (15), 

thirty-first day of December, of each year; and all public officers of (?)• 
this State shall keep their official accounts in accordance therewith. 



SECTION 10. 

Bond Commissioner. 

§232. State treasurer ex-officio bond commissioner. The State Acts 1909, 
treasurer shall be ex-officio bond commissioner of this State, and §§2419, 2449. 
he is hereby authorized to appoint the chief clerk in the Treas- 
ury Department, or some other fit and competent person, to be as- 
sistant bond commissioner, whose duty it shall be to receive, file, 
record, care and provide for the deposit of bonds or other securities 
offered for deposit, as the law may direct, and who shall be allowed 
a compensation of nine hundred dollars per annum, to be assessed 
and collected as hereinafter provided. 

§233. Fees of commissioner. Each and every depositing cor- 
poration or individual of whatever name or class, which now has 
.or may hereafter have on deposit bonds or other securities, as the 
law provides, is hereby required, within sixty days from and 
after August 14th, 1909, and thereafter on or before January 15th of 
each year, to pay the said bond commissioner the following schedule 
of fees, namely : Bonds or other securities aggregating not over 
$5,000.00, $2.00; not over $10,000.00, $3.75; not over $25,000.00, 
$7.50; not over $50,000.00, $12.50; not over $100,000.00, $20.00; 
more than $100,000.00, $25.00; provided, however, that the W. & A. 
R. R. lessees shall be exempt from the operation of this section ; that 
if the total amount exceeds $800, the surplus shall be covered into 
the general funds of the treasury. In default of the payment of 



§§234r-237 THIRD TITLE.— CHAPTER 2, ART. 3, SEC. 1. 78 



Of the comptroller-general ; election, bond, and rights. 

the fees herein prescribed, the bond commissioner shall refuse to ac- 
cept the deposits required by law to be made, and shall not certify 
their acceptance until the fee is fully paid each year as herein pro- 
vided, but shall report said default to the insurance commissioner, 
who shall suspend or revoke the license of said delinquent company 
or individual until the fee required under this section is fully paid. 
All fees collected as aforesaid shall be held as a separate and distinct 
fund, to be disbursed only for the salary of the said assistant bond 
commissioner, as provided for in the preceding section, and for the 
payment of premium on personal bond required from said assistant 
bond commissioner, and for other expenses of the bond department. 

§234. Reports to insurance commissioner. It shall be the duty 
of the bond commissioner to furnish to the insurance commissioner, 
semi-annually, a certified list of all companies or individuals making 
deposit as the law requires, giving the name of the company or in- 
dividual, the amount and kind of bond or other security so de- 
posited, when due, and such other information in detail as the 
insurance commissioner may require. 



ARTICLE 3. 
Of the Comptroller-General. 



SECTION 1. 

Election, Bond, and Rights. 

§§6489. 2263. §235. (§203.) Comptroller, election and term. There shall be a 
comptroller-general elected by persons qualified to vote for members 
of the General Assembly, at the same time and in the same manner 
as the Governor. 

Act 1843. §236. (§204.) Bond of comptroller. The comptroller-general must 

,§§i59,' 206. * give a bond, conditioned the same as that of the secretary of State, 

for the sum of twenty thousand dollars, subject to the same rules 

and regulations. 

Act 1826. §237. (§205.) His rights and duties. His rights and duties are the 

ism' wo?.' same as those of the secretary of State, set forth in sections 207 and 
1248* (J? 66 ' 208, except the use of the great seal. He shall receive no perqui- 
sites for any official act, but the fees prescribed shall be collected 
by him and paid into the State treasury. 



79 THIRD TITLE.— CHAPTER 2, ART. 3, SEC. 2. §238 



Duty of comptroller. 



SECTION 2. 

Duty of Comptroller. 

§238. (§206.) Account of appropriations and other duties. It is A ^ b J 79 ^ 22 
moreover the duty of the comptroller-general — A cobb? 2 io23. 

1. Account of appropriations. To keep an account showing the^J 823 ^.. 
several appropriations authorized by law, the time when the same ^J}" 346, !J14, 
are drawn from the treasury, in whose favor and to what fund 
charged. 

2. Countersign warrants. To examine, check, and countersign all A ^ b ^ s3 ^ 29 
warrants upon the treasury drawn by the Governor, President, and A C v* h b? 3 io3i. 
Speaker, and charge the amount thereof to the funds on which they Acts 81 1861 ' 
may be respectively drawn, previous to their being presented to the § |^ (12h 
treasurer for payment. 

3. Audit accounts. To audit all accounts against the State, and 
allow or reject the same before they are submitted to the Governor. 

4. Examination of tax digests. To examine all the digests of tax 
returns forwarded to his office by the several receivers, and note and 
correct all mistakes therein, and notify the collector of such cor- 
rections. 

5. Settlement with tax-collectors. To settle with the several tax- 
collectors and all other persons indebted to the State, and in all 
cases where payments may be made at the treasury, to give receipts 
for the same, founded on the treasurer's certificates. 

6. Executions against defaulting tax-collectors. To collect al]sjiJ S7 > 218 > 
amounts due from defaulting collectors of taxes, and issue execution 
therefor against them and their securities. 

7. Warrants only on fund appropriated. To see that no draft or§§s28 (sl r.79. 
warrant be countersigned by him to be paid out of any appropriated 

fund after the same has been exhausted ; and in such case, or in 
any case of illegal payments from the treasury upon warrants coun- 
tersigned by the comptroller, he, as well as the treasurer, with all 
their securities, are jointly and severally liable upon their several 
bonds for the repayment of such amounts, with all expenses of 
prosecution, to the State. 

8. Dividends. To issue his draft, payable to the treasurer, for the 
amounts of all dividends or taxes due by chartered banks in this 
State, or by the agencies of foreign banks, and on failure to pay the 
same, to issue execution therefor. 

9. Debts due State. To receive and keep safely and collect all evi- 
dences of debt due to the State from any other source than taxes, 
and pay over the same to the treasurer as soon as received. 



§§239-241 THIRD TITLE.— CHAPTER 2, ART. 3, SECS. 3, 4. 80 

Wild lands ; annual report of comptroller to Governor. 

10. Report from solicitors-general. To notify the attorney and 
solicitors-general, or any other attorney, in his discretion, of all 
executions against defaulting tax-collectors, and require of them 
annually a report of the state or condition of such executions prior 
to the session of each General Assembly. 
§ 285 - 11. Book of bonds taken. To keep a book in which to enter all 

bonds taken since the third day of March, 1856, and to file the 
originals in his office. 

12. Index to records. To have made suitable indexes to the rec- 
ord-books in his office. 

13. Agents, accounts audited. To audit the accounts of all agents 
disbursing public money. 



Acts 1880-1, 
p. 45. 
§§4024, 211. 



SECTION 3. 

Wild Lands. 

§239. (§207.) Comptroller to furnish list of wild lands. The 
comptroller-general shall furnish to each clerk of the superior court 
of the several counties of this State a list, such as he has in his office, 
of all the lots of wild lands lying in the county of such clerk, and 
it shall be the duty of the clerk of each county to fully prepare and 
keep a book of record of such wild lands in his county, properly 
indexed, so that the same may be readily referred to. 

§240. (§208.) Shall not speculate in wild lands. He shall not, di- 
rectly or indirectly, be interested or engaged in the purchase and 
sale of wild lands on speculation, on pain of removal by the Gov- 
ernor or the General Assembly. 



Act 1821, 

Cobb, 1024 
Act 1828, 

Cobb. 1027. 
Act 1839, 

Cobb, 1032. 
Act 1843, 

Cobb, 1033. 
§§6572, 181, 

243, 228 (7). 

195. 



SECTION 4. 

Annual Report of Comptroller to Governor. 

§241. (§209.) Shall report to the Governor annually. He shall 
make a report annually to the Governor, showing — 

1. Account current. An account current, from his books, between 
the treasurer and the State, of all receipts and payments, including 
amounts paid on the drafts of the President and Speaker, as reported 
to him by the treasurer. 

2. Taxes paid, in default, etc. A statement of the taxes paid to 
the State by each of the counties, as appears by the digest thereof, 



81 THIRD TITLE.— CHAPTER 2, ART. 3, SEC. 5. §§242,243 



Authority of comptroller. 



and the counties whose collectors are in default, and the amount of 
such default. 

3. Claims due State. A statement of all evidences of debt due the 
State and uncollected, which may remain in his office, the condition 
of the same, the name of the solicitor or attorney having it in 
charge, and his report of it. 

4. Educational fund. A statement of the educational fund of the 
State, its annual income, the amounts paid out, when and to whom. 

5. Public debt. A statement of the condition of the public debt 
of the State, the amount of interest paid, and the fund from which 
paid. 

6. Disbursing agents. A statement of the accounts of all officers 
and agents disbursing public money, and the names of such as have 
failed to comply with the laws relating to their offices and appoint- 
ments, and the several sums for which they are in default. 

7. Salaries of public officers. The salaries and pay of all officers of 
the State. 

8. Incidental expenses. The incidental expenses of the General 
Assembly, executive and judicial departments. 

9. All other payments. All sums paid or due to individuals by 
special contract. 



SECTION 5. 
Authority of Gomptroller. 

§242. (§210.) Authority of comptroller. He has authority — §914. 

1. Settle up business of prior years. To settle up the business of 
the office for previous years. 

2. Allow commissions. To allow receivers and collectors of taxes Acts 1855-6. 
their commissions, and to balance the tax-books and other books of §1200. 
the office, upon satisfactory proof of payment or settlement. 

3. Collect unpaid taxes. To collect all unpaid taxes of previous 
years. 

4. Administer oaths. To administer oaths to all persons in like Acts is7S9. 

. p- 18 ° 

manner as judges of the superior courts and justices of the peace. 

§243. (§211.) May suggest improvements in revenue laws. In his Act 1821, 
annual /report the comptroller-general shall suggest such improve- §228 (i6), (V). 
ments in the revenue laws as his experience and observation may 
approve. His report must be made at the time the treasurer's is, 
and likewise communicated to the General Assembly. 



§§244-249 THIRD TITLE.— CHAPTER 2, ART. 3, SECS. 6, 7. 82 

Record of bonds, warrants, and appropriations ; seal, copies of records, and cierk. 



Act 1839, 
Cobb, 1031. 



SECTION 6. 

Record of Bonds, Warrants, and Appropriations. 

§244. (§212.) Must record appropriations and warrants. He must 
keep in his office a well-bound book in which shall be entered, in al- 
phabetical order, the full amount of all annual appropriations, set- 
ting forth the amounts under their several heads ; all warrants that 
he may check and pass, together with the fund on which it is drawn, 
the time, amount, and in whose favor drawn ; and make all entries 
necessary to a true exhibit of the finances of the State. 

A p. tS 276 S55 " 6 " § 245 - (§ 213 -) Must record tax collector's and receiver's bonds. 
Ill™ V'oJi 1 ^ He must keep a book in which to enter all bonds taken of tax-collec- 
6405. i 0YS an( j receivers, and keep the same on file in his office. He shall 

collect all unpaid taxes of previous years. 



Acts 1870, 

p. 12. 
§261. 



SECTION 7. 

Seal, Copies of Records, and Clerk. 

§246. (§214.) Must give copies of papers. He must certify under 
his official seal, at all times when necessary for the public use, and. 
on application and payment of his legal fees therefor, for private use, 
copies of any papers kept in his office. 

§247. (§215.) Official seal of the comptroller. The seal of the 
comptroller-general's office is as follows: Circular in form, one and 
a half inches in diameter, made of brass, with a human hand holding 
a pen in the attitude of writing, in the center, surrounded by the 
words, "Comptroller-General's Office, State %f Georgia." 



§248. (§216.) May appoint and remove clerk. He is allowed a 
clerk, to be appointed and removable by him ; and such clerk shall 



Acts 1S62-3, 
p. 56. 

1865, p. 250. 

Acts 1907, receive an annual salary of eighteen hundred dollars, six hundred of 

p. 97. 

which shall be paid out of insurance fees. 



Acts 1909, 
p. 143. 



§249. Corporation clerk and his duties. There shall be a cor- 
poration clerk whose duty it shall be to keep the records of all 
foreign corporations doing business in this State, the lists of the 
agents of said corporations, the amount of capital stock and place 
of business, the amount of license or occupation tax paid by said 
corporation, and the amount of certificate fees paid for duplicate 
certificates for agents; to issue licenses upon the certificate of the 
comptroller-general to all corporations paying business or occupa- 



83 THIRD TITLE.— CHAPTER 2, ART. 3, SECS. 8, 9. §§250-252 

Settlement with successor ; report to General Assembly. 

tion tax under the law; to issue duplicate certificates of authority 
to all agents of licensed foreign corporations paying the tax and 
fees, and to perform such other duties under the direction of the 
comptroller-general as may be necessary to carry out the law. 

§250. Tax clerk shall be corporation clerk, and his salary. The 

tax clerk in the comptroller-general's office, appointed by the 
comptroller-general, shall be ex-officio the corporation clerk, and he 
shall be allowed a salary not to exceed fifteen hundred dollars per 
annum, to be paid out of commissions and fees from the special taxes 
or license fees collected under the preceding section, and in accord- 
ance with the laws of this State. 



SECTION 8. 

Settlement with Successor. 

§251. (§217.) Must settle with successor. If the comptroller re- §16 °- 
signs, or is removed, he must immediately state his account and de- 
liver everything pertaining to his office to his successor; or if he 
dies, absconds, or absents himself for as long as thirty days without 
the Governor's permission, the Governor may, without delay, de- 
clare the office vacant, supply his place by appointment, examine 
the condition of his office, and deliver over to the appointee. 



SECTION 9. 

Report to General Assembly. 

§252. (§218.) His report and what it must contain. The comp-Acts 1859. 
troller-general must make out, for the use of the General Assembly — iiia/MS, 22s 

1. Taxable property. A table containing the taxable property and m«.' 
other items on the tax digest of each county for the year in which 

he makes his annual report. 

2. Other items. A table annually of the polls in each county for 
the year immediately preceding his report ; the number of voters in 
each county at the general election next preceding his report; the 
number of children in each county returned for participation in the 
educational fund, and the amount drawn by each county from said 
fund ; the amount drawn by each county for pay of members of the 
General Assembly; the total amount drawn by each county from 
the treasury, and the total amount of net tax paid into the treas- 



§§253-255 THIRD TITLE.— CHAPTER 2, ARTICLE 4. 84 

Of the attorney-general. 

ury for the year preceding by each county. Also, to furnish such 
other statistical information connected with his office as may be 
useful to the General Assembly. The annual reports of said officer 
and of the treasurer must contain only the available funds or cash 
in the treasury as the balance therein. They are also required to 
report separately, and under the head of "Assets belonging to the 
State, ' ' all bank or railroad stocks or bonds, or other assets ; the 
State Road to be reported without any stipulated value. Such offi- 
cers are authorized to make such transfers or alterations on their 
books as are necessary to comply with the preceding section. The 
items, "Darien Bank bills," "Western and Atlantic Railroad scrip," 
and uncurrent funds hitherto reported, must be sealed up, remain 
in the treasury, and be left out of all future annual reports of said 
officers. 



ARTICLE 4. 






^l^ju^^Tr- C^r^U^ Vjlfivr* .Yffc///^ Of the Attorney-General. 

§ 6528 - §253. (§219.) How elected. There shall be an attorney-general of 

the State, who shall be elected by the people, at the same time, for 
the same term, and in the same manner as the Governor. 

Act 1799, §254. (§220.) Duties, etc. It is the duty of the attorney-general 

Cobb, 574. J V 3 . ' ' J 

§§55io, 6529. when required so to do by the Governor — 

Acts 1873, . . 

p- si. 1. Written opinion. To give his opinion in writing, or otherwise, 

on any question of law connected with the interest of the State, or 
with the duties of any of the departments. 

2. Preparation of contracts. To prepare all contracts and writings 
in relation to any matter in which the State is interested. 

§§446, 456, 46i, 3. Attends trial of what cases. To attend, on the part of the State, 

2667, 5510. ... . . . '.--. 

to all criminal causes in any of the circuits, when the solicitor-gen- 
eral thereof is prosecuted, and to all other criminal or civil causes 
to which the State is a party. 
§•".510. 4. In Supreme Court. It shall be the duty of the attorney-general 

to act as the legal adviser of the Executive Department, to represent 
the State in the Supreme Court in all capital felonies, and in all 
civil and criminal cases in any court when required by the Governor, 
and to perform such other services as shall be required of him by 
law. 

§255. (§221.) May be required to attend circuits. When the serv- 
ices of such attorney-general shall be needed in either of the judicial 



85 THIRD TITLE.— CHAPTER 2, ARTICLE 4. §§256, 257 

Of the attorney-general. 

circuits, the presiding judge thereof shall notify the Governor twenty 
days before the time, place, and cause, and the Governor may (in 
his discretion) order the attorney-general to comply, unless the law 
in the case presented makes it his imperative duty to do so. 

§256. (§222.) Comptroller-general may require his services. It is §§23, 149 - 
in the discretion of the comptroller-general to require the attorney- 
general, when the services of a solicitor-general are necessary in col- 
lecting or securing any claim of the State, in any part of the State, 
either to command the services of said attorney-general in any and 
all of such cases, or of the solicitors-general in their respective cir- 
cuits. 

§257. Duties in connection with the Western & Atlantic Railroad. A ^* s 9 ^ 
The Governor is authorized to require the attorney-general to per- 
form, without compensation, all duties performed by the attorney § 1287 - 
for the Western & Atlantic Railroad. 

The duties devolved upon the special agent of the Western & 
Atlantic Railroad by an Act approved December 20th, 1892, and all 
similar duties concerning said railroad, shall be performed by the 
attorney-general, without other compensation than his official salary. 



§258 FOURTH TITLE.— CHAPTER 1, ARTICLE 1. 86 



General regulations as to all officers and offices ; eligibility, qualifications, commissions, vacancies, etc. 



FOURTH TITLE. 

General Regulations as to All Officers and Offices. 



CHAPTER 1. 



Of Eligibility, Qualifications, and Commissions of Officers, and Vaca- 
tion of Offices. 



ARTICLE 1. 
Eligibility and Qualification. 

Act 1787, §258. (§223.) Persons ineligible; de facto officers. The following 

Cobb, 366. J U ; f . . . . 

Act 1823, persons are held and deemed ineligible to hold any civil office in this 

Cobb, 209. r" 

§§5754, 6400, State, and the existence of either of the following states of facts is 

, 6407, 6420. 

277, 6395, 34. a sufficient reason for vacating any office held by such person, but 
the acts of such person, while holding a commission, are valid as the 
acts of an officer de facto, viz. : 

§§67oo, 2168. 1. Non-residents and minors. Persons who are not citizens of this 
State, nor of the age of twenty-one years or upwards. 

§§6406, 6404. 2. Holders of public money. All holders or receivers of public 
money of this State, or any county thereof, who have refused when 
called upon, or failed after reasonable opportunity, to account for 
and pay over the same to the proper officer. 

§6404. 3. Persons convicted of crime. Any person convicted and sen- 

tenced finally for any felony, under the laws of this or any other 
State, involving moral turpitude, the offense being also a felony in 
this, unless restored by a pardon from the proper executive, under 
the great seal of the State, to all the rights of citizenship. 

§6420. 4. Holding other offices. Persons holding any office of profit or 

trust under the government of the United States (other than that 
of postmaster), or of either of the several States, or of any foreign 
state. 

§2169, 5. Insane persons. Persons of unsound mind, and those who, from 

advanced age or bodily infirmity, are unfit to discharge the duties 
of the office to which they are chosen or appointed. 

6. Denizens. Those who have not been inhabitants of the State. 



87 FOURTH TITLE.— CHAPTER 1, ARTICLE 2. §§259-262 

How commissioned. 

county, district, or circuit for the period required by the Constitution 
and laws of this State. 

7. Must be citizen of county. No person shall be eligible to hold Act3 4 1 900 
any county office in any county of this State, unless he shall have 86599 - 
been bona fide a citizen of the county in which he shall be elected 

or appointed at least two years prior to his election or appointment, 
and is a qualified voter entitled to vote. 

8. Constitutional privileges. All persons from any cause constitu- 886599, 21f!5 
tionally disqualified. All officers are eligible to re-election and re- 
appointment, and to hold other offices, unless expressly declared to 

the contrary by the Constitution or laws. 

§259. (§224.) Only one county office to be held. No person shall ^y^ 01 
hold, in any manner whatever, or be commissioned to hold at one 88 ^® 8 -^ 9 ® 6, 
time, more than one county office, except by special enactment of the 2165 - SSfi - 
legislature heretofore or hereafter made ; nor shall any commissioned 
officer be deputy for any other commissioned officer, except by such 
special enactment. 

§260. (225.) Failing" to obtain commission. Persons who, after an§' 2H4 < 6 >- 
election, fail to comply with all the prerequisites of the law in order 
to obtain commissions or certificates to discharge the duties of the 
office, are ineligible to re-election at the election held, by reason of 
such failure, for the same office. 

§261. (§226.) Officers of this State must reside therein, hold until Acts issi -2, 
successor is qualified, and keep seal. All officers of this State mus t § ^ 7 ' 2 g5%4 2 7 64 
reside therein, at such places as are'designated by law, and discharge 166 - 
the duties of their office until their successors are commissioned and 
qualified ; and all officers whose certificates of records or other papers 
are admissible in evidence in any court in this State must have and 
keep an official seal. 



ARTICLE 2. 

How Commissioned. 

§262. (§227.) What officers must be commissioned under the greatsssis. 144, 155. 
seal. The following officers must be commissioned, with the great 
seal of the State annexed thereto, signed by the Governor, and coun- 
tersigned by the secretary of State, viz. : Senators and representa- 
tives in Congress, judges of the Supreme and superior courts, attor- 
ney and solicitor-general, reporter of the Supreme Court, secretary 



§§263-265 FOURTH TITLE.— CHAPTER 1, ARTICLE 3. 88 

Vacancies. 

of State, treasurer, and comptroller-general, and all military officers 
of the grade of general, either of division or brigade. Those of all 
Federal or judicial officers above enumerated must be on parch- 
ment. 

§§i65. 144. §263. (§228.) What officers commissioned under Executive seal. 

All other civil officers of the State or county shall be commissioned 
under the seal of the Executive Department, signed by the Governor, 
and countersigned by one of his secretaries, except constables, whose 
election shall be certified by the ordinary ; and such certificates shall 
operate as their commission. All officers of the militia of volunteer 
companies, battalions or regiments, regularly incorporated (of the 
grade of lieutenant or higher), shall have commissions under the 
seal of the Executive Department. 



ARTICLE 3. 
Vacancies. 



§§302,156,394. §264. (§229.) Offices, how vacated. All offices in the State are va- 
cated — 

1. Death. By the death of the incumbent. 

2. Resignation. By resignation, when accepted. 

3. Judgment. By decision of a competent tribunal declaring the 
office vacant. 

§258 - 4. Incapacity. By voluntary act or misfortune of the incumbent, 

whereby he is placed in either of the conditions specified of ineligi- 
bility to office, which shall operate from the time the fact is ascer- 
tained and declared by the proper tribunal. 

§§26i, 258 (i). 5. Removal. By the incumbent ceasing to be a resident of the 
State, or of the county, circuit, or district for which he was elected. 
In the first case the office shall be vacated immediately ; in the latter 
cases, from the time the fact is judicially ascertained. 

§§26o, 287, 276, 6. Failing to obtain commission. By failing to apply for and ob- 
tain commissions or certificates, or by failing to qualify or give bond, 
or both, within the time prescribed by the laws and Constitution. 

7. Abandonment. By abandoning the office and ceasing to per- 
form its duties, or either. 

i. 

Acts o i872, §265. (§230.) Term of officers to fill vacancies. In all cases where 

§§26i, 4886. the office of Governor, senators or representatives, judge of the 

4796, 4881, . . 

567. Supreme Court, judge of superior court, attorney-general, solicitor- 

general, secretary of State, treasurer, comptroller-general, survey- 



89 FOURTH TITLE.— CHAPTER 1, ARTICLES 4, 5. §266-268 

Resignation ; year for official reports and fiscal year coincident. 

or-general, ordinary, sheriff, clerk of the superior court, tax-col- 

lector, tax-receiver, county treasurer, county surveyor, or coroner, - • / as /rj* 

or either of them, shall become vacant by resignation, death, or the &*&iri*~& L - n^° / ' t 

removal of the officer before the expiration of his term, the successor ^XiLc^t^l^-ir^ f^^^ji^ 

to said officer shall be elected or appointed only for the remainder /^e^Cv //.ft ^* 

of said unexpired term. ' 



ARTICLE 4. 
Resignation. 



§266. (§231.) Resignation of the Governor. The resignation of §6477. 
the Governor must be transmitted by him to the General Assembly, if 
in session; if not in session, to the secretary of State, who must on 
the same day notify the President of the Senate. If the office be- 
comes vacant by death, or any other cause, when the General As- 
sembly is not in session, the secretary of State must inform the 
President of the Senate. In either case, the President of the Senate, 
when informed, shall within ten days repair to the capital and 
take the oath of office before any judge of the Supreme or judge 
of the superior court, and the General Assembly, if in session ; which 
fact shall be entered on the minutes of the Executive Department. 
If he does not so appear in said time, he shall be considered as hav- 
ing resigned, and the secretary of State shall then, or in case there 
is no President of the Senate, inform the Speaker of the House of 
Representatives, and the proceedings shall be the same. 

§267. (§232.) What officers report their resignation to the Gov- §§4796, 488i, 
ernor. The resignation of senators and representatives in Congress, 
and members of the General Assembly, and of all officers whose 
commissions issue from the office of secretary of State or the Execu- 
tive Department, and whose places may be supplied by executive 
appointment, shall be made to the Governor. 



ARTICLE 5. 

Year for Official Reports and Fiscal Year Coincident. 

§268. (§233.) Official coincident with fiscal year. The year for Acts 1902, 
official reports shall be coincident with the fiscal year, and it is the §§isi, "195, 231, 
duty of the public officers of this State to make and publish, an- 418 ' 5?6 (7) " N J^. 

nually, their official reports for the period commencing on the 1st 



§§269-273 



FOURTH TITLE.— CHAPTER 2. 



90 



Official oaths. 



day of January and ending on the 31st day of December of each 
year, inclusive. 



§§4889, 4905, 
4779, 4835, 
6fi82. 6107. 



§§144, 279. 



§144. 



CHAPTER 2. 

Official Oaths. 

§269. (§234.) Additional oath of public officers. All public offi- 
cers, besides the oath of office and the oath prescribed by the Consti- 
tution (if any), shall swear that he is not the holder of any public 
money due this State, unaccounted for; that he is not the holder of 
any office of trust under the government of the United States (except 
postmaster), nor either of the several States, nor of any foreign 
state, and is otherwise qualified to hold said office according to the 
Constitution and laws of Georgia, and will support the Constitution 
of the United States and of this State ; and, if elected by any circuit 
or district, that he was a resident thereof for the time required by 
the Constitution and laws (stating the time). 

§270. (§235.) Form of oath to be sent with dedimus. The form of 
said oath, as well as the oath of office, to be taken and subscribed, 
must be forwarded with the dedimus potestatem, and be taken and 
subscribed at the time of receiving the commission, before the officer 
to whom the same is directed, and in conformity to the directions. 

§271. (§236.) Official oaths, before whom taken. When not other- 
wise provided by law, and not directed in the dedimus potestatem, 
the oaths of office may be taken before any officer authorized by law 
to administer an oath. Such oaths must be written out and sub- 
scribed by the person taking them, and accompanied by the certifi- 
cate of such officer, specifying the day and year when taken. 

§272. (§237.) Official oaths must be filed in Executive office, when. 
Such oaths, when taken by an officer whose general duties are not 
confined to any one county (unless otherwise specially provided), 
must be filed, with the certificate required by the preceding section, 
in the Executive office ; and when taken by an officer whose duties 
are confined to one county, as provided in the next section. 

§273. (§238.) Official oaths filed in ordinary's office, when. When 
taken by the ordinaries and the clerks of the superior courts, they 
must be filed in the office of the clerk of the superior court, and also 
entered on the minutes of their respective courts. When taken by 
sheriffs, they must be likewise filed in the office of the ordinary. 



91 FOURTH TITLE.— CHAPTER 3, ARTICLE 1. §§274-279 

Official bonds and sureties thereon ; execution and approval. 

and must be entered on the minutes of the superior courts; and 
when taken by coroners, tax-collectors or receivers, county treasurer, 
justices of the peace or constables, or any other county officer, they 
must be filed in the office of the ordinary, who must enter them on 
the minutes of his court. 

§274. (§239.) Official oaths, time of filing. The officer in whose §288. i 

office such oaths are filed must indorse thereon the day and year of 
filing. 

§275. (§240.) Oath of deputies. All deputies, before proceeding §294. 
to act, must take the same oaths as their principals take, which must 
be filed in and entered on the minutes of the same office, and with 
the same indorsement thereon ; but these provisions do not apply to 
any deputy who may be employed in particular cases only. 

§276. (§241.) Failure to file official oath. No officer or deputy, re- §§287. 264 (6>. 
quired by law to take and file such oaths, shall enter upon the duties 
of his office without first taking and filing the same in the proper 
office. 

§277. (§242.) Official acts of officers valid, when. The official acts §258. 
of an officer are not the less valid for his omission to take and file 
the oath, unless in cases where so specially declared. 



CHAPTER 3. 
Official Bonds and Sureties Thereon. 



ARTICLE 1. 

Execution and Approval. 

§278. (§243.) Official bonds, to whom payable. The bonds of all §§12. 4 (7). 
public officers required by law to give bond, unless otherwise pro- * 
vided, must be made payable to the Governor of the State of Geor- 
gia and his successor in office, with such sureties as the approving 
court or officer is satisfied are sufficient, and conditioned, in all cases 
in which a different condition is not prescribed, faithfully to dis- 
charge the duties of such office during the time he continues therein 
or discharges any of the duties thereof. 

§279. (§244.) Official bond, sent with dedimus. Official bonds of * S4798 (3 >- 
all officers who are entitled to commissions from the Governor, and 



§§280-284 FOURTH TITLE.— CHAPTER 3, ARTICLES 2, 3. 92 

Sureties on bonds ; power of attorney. 

who are required to give bonds, must be prepared and furnished by 
the Executive Department at the time of forwarding the dedimus 
potestatem. 

§§2554, 285. §280. (§245.) Official bonds must be approved. The approval of 
all official bonds shall be in writing, indorsed on the bond, and should 
show the day and year on which the same were approved, and shall 
not be filed until thus approved. 



ARTICLE 2. 
Sureties on Bonds. 

Acts 1863-4. §281. (§246.) Sureties on official bonds. Such bonds shall not be 

p. 124. 3 \3 s 

1889, p. 45. approved by the approving officers unless they have at least two good 
and solvent sureties (who shall be worth the amount of said bond, 
over and above the homestead, in case of county officers), and not 
more than twenty, all of whom must be permanent residents of the 
State, and two also of the county, and freeholders thereof. When 
said approving officers do not of their own knowledge know that a 
surety is worth enough to enable them to accept him, they shall not 
take him unless he swears to his means, and it is satisfactory, of 
which swearing they shall make a minute on the bond. 

Acts 1889, §282. (§247.) Guarantee companies may become surety on bonds 

§§2550, 2554. of officers. Guarantee or security companies incorporated under the 
laws of this State may become security upon the bonds of all State 
or county officers, and the various officers of this State, whose duty 
it is to approve the sureties upon such bonds, are authorized to accept 
such company or companies as one of the sureties or the only surety 
upon such bond as the solvency of such company may warrant. 

Acts a i876, §283. (§248.) Officers shall not be surety for each other. No at- 

torney at law or county officer shall be received as security on the 
bond of any county officer. 



ARTICLE 3. 

Power of Attorney. 

§284. (§249.) Attorney in fact may execute official bond. When 
an official bond is signed by an attorney in fact, the power of attor- 



93 FOURTH TITLE.— CHAPTER 3, ARTICLE 4. §§285-290 

Filing official bonds. 

ney must be attested by the ordinary and filed and recorded as the 
bond is. 



ARTICLE 4. 

Filing Official Bonds. 

§285. (§250.) Within what time official bonds must be filed. The^ J 898 * 
official bonds of public officers, required by law to be filed in the § |i7%|o° 236 
office of comptroller, secretary of State, or Executive Department, gso. (n) ' 245 ' 
must be filed therein within forty days after the election or appoint- 
ment of such officer ; all county officers shall have until the first day 
of January next after the election to file their several bonds as re- 
quired by law. 

§286. (§251.) Failure to file official bond. When any officer of s 2 ^ (6). 
whom bond is required fails to make and file the same as prescribed 
in the preceding section, it is the duty of the court, or officer in whose 
office it is required to be filed, at once to certify such failure to the 
appointing power, and to the power whose duty it may be to order an 
election. 

§287. (§252.) Acting before filing bond. No public officer re-§§ 2 76, 264 (6), 
quired by law to give bond shall perform any official act before his 
bond is approved and filed as required. 

§288. (§253.) Indorsement on official bond. Every officer in whose « 274 - 
office the official bond of any public officer is filed must indorse on 
such bond the day and year when the same was filed, and sign his 
name to such indorsement. 

§289. (§254.) Notice of failure to file bond. If any public officer 
required by law to give bond fails to file the same, within the time 
hereinbefore prescribed, in the proper office, notice of such failure 
must be given by the officer in whose office such bond is required to 
be filed, by or during the two first days of the session of the superior 
court held in the county in which the officer so failing resides, next 
after such failure, to the attorney or solicitor-general of the circuit. 

§290. (§255.) Penalty for failure to mark-file and give notice. 
Any officer whose duty it is to mark-file the bond and to give the 
several notices required in this Article and failing to do so, without 
good and sufficient excuse therefor, shall, on information rendered 
and citation to appear before the superior court of the county of his 
residence, be fined as for a contempt in the discretion of the court. 



§§291-293 FOURTH TITLE.— CHAPTER 3, ARTICLES 5, 6. 94 

Bonds ; how far, and for what, binding ; bonds to be recorded. 

ARTICLE 5. 
Bonds; How Far, and For What, Binding. 
5si2,4(7).3oo, §291. (§256.) Official bonds obligatory. Every official bond exe- 

97g 854 

cuted under this Code is obligatory on the principal and sureties 
thereon — 

1. For any breach of the condition during the time the officer con- 
tinues in office or discharges any of the duties thereof. 

* 295 - 2. For any breach of the condition by a deputy, although not ex- 

pressed, unless otherwise declared by law. 

3. For the faithful discharge of any duties which may be required 
of such officer by any law passed subsequently to the execution of 
such bond, although no such condition is expressed therein. 

4i2»7. 6394. 4 F or th e use an( j benefit of every person who is injured, as well 
by any wrongful act committed under color of his office as by his 
failure to perform, or by the improper or neglectful performance of 
those duties imposed by law. 



ARTICLE 6. 
Bonds to be Recorded. 

§292. (§257.) Official bonds, by whom approved and recorded. 

The official bonds of the clerks of the superior court, of sheriffs, coro- 
ners, county surveyors, county treasurers, tax-collectors and re- 
ceivers, given for county taxes, must be approved by the ordinary 
and filed in his office, and by him recorded. The bonds of tax-col- 
lectors and receivers for State taxes, after being likewise approved, 
must be recorded by the ordinary, and the original bond must be 
by him transmitted to the Governor for deposit in the comptroller- 
general's office. 

§293. (§258.) Ordinary must certify to the Governor. Such ordi- 
nary must sign a certificate to the Governor, stating that the clerks 
of the superior courts, the sheriffs, coroners, and county surveyors 
have taken the oaths and given the bonds sent from the Executive 
Department, together with a statement of the dates, amounts, and 
names of the sureties of each, and that they have delivered to them 
their commissions; which shall be attested by the clerk of said 
court, and by him immediately transmitted to the Governor. 



95 FOURTH TITLE.— CHAPTER 3, ARTICLES 7, 8, 9. §§294-298 



Bond of deputy ; satisfaction and discharge of bonds ; informalities do not vitiate bonds. 



ARTICLE 7. 

Bond of Deputy. 

§294. (§259.) Bond of deputy, to whom payable. When deputies 84912 
give a bond, they must be payable to their principals, with surety, 
conditioned as theirs are, for their conduct as deputies, for the same 
amounts, and must be recorded in the same office and in the same 
manner as the bonds of the principals. 

§295. (§260.) Deputy suable same as principal. It shall be at the 8 |Jf ( % 4912 ; 
option of any person who claims damages of any principal officer for 
the act of his deputy, to sue said deputy's bond instead of his, in the 
same manner as the principal's bond may be sued. 



ARTICLE 8. 

Satisfaction and Discharge of Bonds. 

§296. (§261.) Bond, when discharged. Such bonds are not dis- A ^ b J 84 ^ 
charged by a single recovery, but proceedings may be had from time §594 °- 
to time, until the whole penalty is exhausted, against the officer and 
his sureties, or either, and said bonds are joint or several, whether 
so set forth or not. 

§297. (§262.) Officer liable though penalty exhausted. When the "g**™^ 
penalty is exhausted, the officer himself shall still be liable, and upon 
the same measure of damages as upon his bond, and he is likewise 
liable for any damage he may do in undertaking to discharge the 
duties of an office without having given the necessary bond, or, hav- 
ing given one, it is invalid in whole or in part. 



. ARTICLE 9. 

Informalities do Not Vitiate Bonds. 

§298. (§263.) Bonds valid though not in conformity to lawJ§ 4 < 7 >- 12 « u 
Whenever any officer, required by law to give an official bond, acts 
under a bond which is not in the penalty payable and conditioned, 
nor approved and filed as prescribed by law, such bond is not void, 
but stands in the place of the official bond, subject, on its condition 
being broken, to all the remedies, including the several recoveries, 
which the persons aggrieved might have maintained on the official 
bond. 



§§299-302 FOURTH TITLE.— CHAPTER 3, ARTICLES 10, 11, 12. 96 

Measure of damages on bonds ; provisions applicable to all official bonds ; sureties, how relieved. 

ARTICLE 10. 

Measure of Damages on Bonds. 

I 4393f , 4392 > °i2 § 299 - (§ 26 4.) Measure of damages. The measure of damages upon 
saw, 291. a Y[ official bonds for the misconduct of the officer, unless otherwise 
specially enacted, shall be the amount of injury actually sustained, 
including the reasonable expenses of the suit to the plaintiff, besides 
the costs of court ; but in all cases when little or no damage is ac- 
tually sustained, and the officer has not acted in good faith, the jury 
may find for the plaintiff an amount, as smart-money, which, taking 
all the circumstances together, shall not be excessive nor oppressive. 



ARTICLE 11. 
Provisions Applicable to All Official Bonds. 

§§i2, 5940, §300. (§265.) This and the preceding Article apply to all official 

bonds. All the provisions of this Chapter apply to the oaths of office 
and the official bonds of all public officers of this State, or those 
whose office may be established hereafter, unless the contrary is ex- 
pressly provided. 



ARTICLE 12. 

Sureties, How Relieved. 

A <Sbb 84 io36. §301. (§266.) Sureties, how relieved. When the surety to any 
bond, given by any officer for the performance of any public duty, 
shall give notice, in writing, to the Governor, of his desire to be re- 
lieved from future liability, for good cause therein stated and sworn 
to (of which the Governor shall be the judge), or any such surety 
shall, in the opinion of the Governor, formed upon satisfactory evi- 
dence, become insufficient, it shall be his duty to require of such 
officer a new bond and surety. 

§§264 (6), 287. ^gQ 2 (§267.) Officer failing to give new bond when required. If 
any officer shall fail to comply with such requisition within ten days 
from the date he is served personally with a copy of the executive 
order containing such requisition, he is, by such failure, removed 
from office and a vacancy declared. 



97 FOURTH TITLE.— CHAPTERS 4, 5. . §§303-307 



Powers of public officers limited. Of delivery of books and property to successors. 



CHAPTER 4. 
Powers of Public Officers Limited. 



§303. (§268.) Powers of public officers. Powers of all public offi-^ *; \V 
cers are defined by law, and all persons must take notice thereof. 3612, 
The public can not be estopped by the acts of any officer done in the 
exercise of a power not conferred. 



CHAPTER 5. 

Of Delivery of Books and Property to Successors. 

§304. (§269.) Officer must deliver books, etc., to successor. When §§14 ' 180- v 
any office is vacated, it is the duty of the incumbent, on demand 
made, to deliver all books, papers, and other property appertaining 
to the office, to his qualified successor. 

§305. (§270.) Other persons having office property. If a vacancy 54796 (1) - 
occurs by death, or the incumbent is not to be found at the time of 
demand made, it is the duty of any person having possession or con- 
trol of such office property, or any part thereof, to deliver it up, and 
the rights and remedies are the same against such person as against 
the deceased officer, if living or to be found. 

§306. (§271.) Proceedings against person in possession of, and re- A p ^o 7 183a 4 
fusing to deliver, office and contents. If any person neglects or re- 
fuses so to do, after demand made, the successor shall make com- 
plaint to the ordinary of the county, or to the judge of the superior 
court of the circuit in which the person refusing resides, or, if neither 
can be had, the judge of the superior court of an adjoining circuit, 
and if such officer is satisfied, from the oath of complainant or other- 
wise, that such are withheld, he must grant an order requiring the 
person so refusing to show cause before him, on a day and at a place 
named in such order, why he should not be compelled to deliver over 
the same. 

§307. (§272.) Persons failing to comply with the order, how pun- 
ished. At the time so appointed, or at any other time to which the 
matter may be adjourned, a copy of such order having been person- 
ally served on the person so refusing, such officer must proceed to 
inquire into the circumstances, and if it appears that such books and 
papers are withheld, he must order the same delivered up instanter to 
said successor, and on failing to comply with such order, he shall 



§§308-312 FOURTH TITLE.— CHAPTER 6. 98 

Inventory annually to be made. 

issue a warrant, directed to any officer of said county, or of the ad- 
joining county, authorized to make the arrest, to arrest said officer 
and commit him to jail, there to remain until he complies with said 
order, or is otherwise discharged by course of law. At the same time, 
in the same way, he shall command said officer to search such places 
for them as may be designated in such warrant, and to seize and 
bring them before him or some other officer authorized to preside, 
and being so brought and appearing to belong to said office, he shall 
cause them to be delivered to the successor. The payment of costs 
are in the discretion of the court. Said proceedings do not interfere 
with the provisions of the Penal Code on this subject. 

§308. (§273.) Officers retiring must deliver books to successors. 

All judicial or ministerial officers or State's attorneys, who by law 
are entitled to receive from the State any books, pamphlets or other 
documents, upon retiring from office must deliver them over to 
their successors, and from one successor to another. 

114 §309. (§274.) Penalty for failure to deliver books to successor. 

On failure to deliver such books, after demand made by incoming of- 
ficer, he is liable for three times the first cost thereof, to be retained 
out of his salary, if a salaried officer, and if not a salaried officer, or, 
being one, it is omitted to be retained, the officer so detaining is 
subject to suit and recovery (in a court having jurisdiction) by the 
successor in the name of the State for his use. 



CHAPTER 6. 

Inventory Annually to be Made. 

Act i2« 823, § 310 ' (§ 275 -) Annual inventory of public property. All State and 

county officers, on or before the fifteenth day of January of each 
year, shall make a complete inventory on oath of all the public prop- 
erty in their charge, and shall enter the same in a book kept for that 
purpose. 

Act i26 882 " 3, §311- (§276.) Successor's receipt and record of same. When any 
officer shall vacate his office, he shall take a receipt from his suc- 
cessor for all property turned over to said successor, which receipt 
shall be entered in said book, and he shall satisfactorily account to 
the proper authority for any not turned over. 

§312. (§277.) Successor's duty. Every officer, within three months 
after taking charge of his office, shall examine the inventories of his 



99 FOURTH TITLE.— CHAPTER 7, ARTICLE 1. §§313-317 

Salaries and fees of officers ; executive officers. 

predecessor, and make a report upon the same to the proper author- 
ity, especially reporting each article and its value not turned over 
or satisfactorily accounted for. 

§313. (§278.) Unserviceable property sold. When any public 
property shall become unserviceable, it may be sold or otherwise 
disposed of, by order of the proper authority, and an entry of the 
same shall be made in said book, and the money received therefrom 
shall be paid into the treasury. 

§314. (§279.) "Proper authority." The "proper authority" re- § S 6 - 660 ° 
ferred to in this Chapter is the Governor of the State, for all officers 
of the State ; and the county commissioners, or other officers having 
charge of county matters, for all officers of the county. 

§315. (§280.) Public officer liable to rule. Any public officer who ^^J 882 
shall violate any one or more of the provisions of this Chapter shall $ " ' 
be liable to be ruled by the proper authority, as aforesaid, in the 
superior courts, in the same manner as the sheriffs of the State, and 
be subject to an action on his bond for the value of all public prop- 
erty not turned over or satisfactorily accounted for: Provided, this 
and the preceding sections of this Chapter shall not be construed to 
repeal any existing laws for the recovery of public property, or the 
value thereof, or for the punishment of any public officer who shall 
refuse, fail, or neglect to turn over or satisfactorily account for the 
same as aforesaid. 



CHAPTER 7. 
Salaries and Fees of Officers. 



ARTICLE 1. 

Executive Officers. 

§316. (§281.) Annual salaries appropriated. The various sums of Acts^ise^-e, 
the annual salaries of all the officers of this State, whose salaries are §345 - 
fixed by law, are hereby appropriated annually to pay said officers, 
until they are altered by law. 

§317. (§282.) Salaries of executive officers. The salaries per an- 
num, of such officers, respectively, are as follows : Acts 1873 
The Governor $5,000.00 ££• n 



cw 



§§318-320 FOURTH TITLE.— CHAPTER 7, ARTICLES 2, 3. 100 

Officers appointed by Governor ; officers of the Georgia State Sanitarium. 

To*? 905, Th e attorney-general 3,000.00 

1909, p. 144. The stenographer of the attorney-general 1,800.00 

The Governor's secretaries, each 1,800.00 

The Governor's messenger 950.00 

The comptroller-general 2,000.00 

1907, p. 97. The clerk of the com pt r oller-general 1,800.00 

The corporation clerk 1,500.00 

1906, P . no. rp] ie commissioner of agriculture 3,000.00 

1905, P . 73. The clerk of the commissioners 1,800.00 

The State treasurer 2,000.00 

The clerk of the State treasurer 1,600.00 

The secretary of State 2,000.00 

The clerk of the secretary of State 1,000:00 

Arts 1873. The State iibrarjan 1,800.00 

1904, P . 50. The assistant librarian 1.200.00 

tso9, p. 143. The second assistant librarian 758^.00 

sgeooi, p,r,74. ^ 318 (§283.) Pay of the officers whose salaries are not fixed. All 
persons employed by the Governor, for whom no compensation is 
prescribed, are paid, according to his discretion, out of the money 
appropriated therefor. If no money is thus appropriated, and the 
employment is indispensable, he has the privilege to pay them out of 
the contingent funds. 



ARTICLE 2. 

Officers Appointed by Governor. 

§319. (§284.) Salaries. The salary per annum of such officers is 
as follows : 
^flo? 873 ' The trustees of the Georgia State Sanitarium, each $ 150.00 



ARTICLE 3. 

Officers of the Georgia State Sanitarium. 

§320. (§285.) Salaries. 
The superintendent and principal physician of the Georgia 

State Sanitarium $2,500.00 

The assistant physician 1,250.00 



101 FOURTH TITLE.— CHAPTER 7, ARTICLES 4, 5. §§321-325 

Legislative officers ; officers connected with the judicial department. 

ARTICLE 4. 
Legislative Officers. 

§321. (§286.) Salaries and fees. TWI. 78 " 9, 

The secretary of the Senate, per day for each session $ 60.00 §368, 

The clerk of the House of Representatives, per day for 

each session 70.00 

The fees of said officers are — 
For every extract of a private nature, per copy sheet .... .15 

For certifying an extract of a private nature .50 

For certifying an act for the benefit of an individual, or 

corporation, or society 3.00 



ARTICLE 5. 

Officers Connected with the Judicial Department. 

§322. (§287.) Salaries of Supreme Court judges. The salary of Acts 1904, 
the judges of the Supreme Court who received their commission 
after August 15th, 1904, shall be four thousand dollars per annum. 
Judges in commission at that date shall receive the salaries fixed 
by law until the expiration of their commissions. 

§323. Superior Court judges. The salary of the judges of the Acts 1904, 

, P- 72. 

superior court who received their commissions after August 15th, 
1904, shall be three thousand dollars per annum. 

§324. Ground of impeachment. It shall be unlawful for any judge Acts 1904. 
of the Supreme or superior courts of this State to receive for him- §§4857, 6429. 
self or any member of his family, either directly or indirectly, any 2735', 4860'. 
favor from any railroad company or any railroad free pass, or 
any like favor from any telephone, telegraph, or express company or 
like quasi public corporation, not enjoyed by the general public, 
and any violation of the provisions of this section shall be a ground 
of impeachment. 

§325. Salaries of judges increased in certain circuits. The judges Acts 1904, 
of the superior courts of all the judicial circuits having therein a 1965! p. 90. 
city with a population of not less than 34,000 according to the United 1906 ' p ' 56 ' 
States census of 1900 shall receive a salary of five thousand dollars 
per annum, the difference in amount between the sum paid said 
judges out of the treasury of the State and said five thousand dollars 
to be paid out of the treasury of the counties in which said cities are 



§§326-329 FOURTH TITLE.— CHAPTER 7, ARTICLE 5. 102 

Officers connected with the judicial department. 

located, as other court expenses of said counties are paid : Provided, 
that the provisions of this section shall not affect the salaries of 
such judges as were in commission on August 15th, 1904. 

A P ct 57. 190ti §326. Compensation for services outside their circuits. In all 

§4844. judicial circuits of this State having therein a city with a popula- 

tion of not less than 75,000 inhabitants, according to the census 
of 1900, wherein judges of superior courts of judicial circuits other 
than the ones containing such a city are now or hereafter may be 
authorized by law to sit as judges of the superior court in such cir- 
cuits, having a city of the class aforesaid, such judges so sitting out 
of their regular circuits shall, for their services while so engaged in 
holding such courts, or in the discharge of the business thereof in 
such circuit, containing a city of the class above described, receive 
as compensation for their services, in addition to their regular salary 
as judges of the superior court, the sum of not more than $2,000 
per annum, in the discretion of the commissioners of roads and 
revenues or such authority as has control of the financial affairs of 
the county in which such city of the class above described is located ; 
provided, that the $2,000 or such part thereof as may be fixed by said 
commissioners or such other county authority shall be paid out of 
the treasury of the county in which said city of the class above 
described is located, as other court expenses of such county are 
paid. 

§327. Reporter of the Supreme Court. The salary of the reporter 
of the Supreme Court shall be two thousand dollars per annum. 

ii45i. 46o. 4Hi. §328. (§287.) Fees of solicitor-general. The solicitors-general of 
the several circuits shall have a salary of two hundred and fifty 
dollars per annum. 

The fees of such officers for civil matters are as follows : 
1. Solicitor-general — 

For each proceeding to enforce a recognizance 5.00 

For every amount collected on such proceedings 5 per cent. 

For every proceeding instituted to forfeit a charter .... 100.00 

For plain collections for the State 5 per cent. 

For litigated collections for the State 10 per cent. 

For services in cases not mentioned, where the State is 
an interested party, at the discretion of the Gov- 
ernor, not exceeding 50.00 

§329. (§288.) Certificate of services and cases where no fee al- 
lowed. Solicitors shall not be paid fees for litigation without the 



103 FOURTH TITLE.— CHAPTER 7, ARTICLE 5. §330 

Officers connected with the judicial department. 

certificate of the presiding judge that they are properly and faith- 
fully claimed as such, nor on any bill for any species of gaming, 
where the same is entered nol. pros. 

§330. The Court of Appeals. The laws relating to the Supreme * ct8 24 1906 - 
Court as to salaries of the judges, and salaries and fees of officers, 
shall apply to the Court of Appeals. 



§§331-334 



FIFTH TITLE.— CHAPTER 1, ARTICLE 1. 



104 



Legislative department ; of the General Assembly ; annual session and organization. 




h. ■ 



Qt&Z 11 f/W 




Acts 1890-1, 

p. 55. 
$6416. 
Acts 1902, 

p. 66. 



Acts 1890-1, 
p. 55. 
§6417. 



§6413. 



Acts 1901, 
p. 51. 



§§6411, 6412. 



Acts 1906, 
p. 80. 



FIFTH TITLE. 

Legislative Department. 



CHAPTER 1. 
Of the General Assembly. 



ARTICLE 1. 



Annual Session and Organization. 

§331. (§289.) Legislature meets, when and where. The General 
Assembly shall meet on the fourth Wednesday in June, 1903, and 
annually thereafter on the same day, until the day shall be changed 
by law. The hour of meeting shall be ten o'clock in the forenoon, 
and the place at the capitol. 

§332. (§290.) Length of session. Each session shall not continue 
longer than fifty days, except when an impeachment trial is pend- 
ing at the end of fifty days the session may be prolonged until the 
completion of said trial. 

§333. (§291.) Apportionment. The House of Representatives 
shall consist of one hundred and eighty-four members, apportioned 
as follows, to the six largest counties, to wit : Fulton, Chatham, 
Richmond, Bibb, Floyd and Thomas, three representatives each; 
to the twenty-six next largest counties, to wit : Burke, Muscogee, 
Decatur, Washington, Carroll, Dooly, Sumter, Laurens, Gwinnett, 
Coweta, Cobb, Jackson, Troup, Meriwether, Houston, Bulloch, Eman- 
uel, DeKalb, Walton, Wilkes, Bartow, Hall, Monroe, Tattnall, 
Lowndes and Elbert, two representatives each; and to the remain- 
ing one hundred and fourteen counties, one representative each. 

§334. Senatorial districts. The forty-four senatorial districts of 
this State shall be distributed and be composed of the various coun- 
ties as follows, to wit: 1st. The first senatorial district shall be com- 
posed of the counties of Chatham, Effingham and Bryan. 2d. The 
second senatorial district shall be composed of the counties of 
Mcintosh, Liberty, Tattnall and Toombs. 3d. The third senatorial 
district shall be composed of the counties of Wayne, Pierce, Ap- 



105 FIFTH TITLE.— CHAPTER 1, ARTICLE 1. §334 

Annual session and organization. 
» ■ ■ _ 

pling and Jeff Davis. 4th. The fourth senatorial district shall be 
composed of the counties of Glynn, Camden and Charlton. 5th. The 
fifth senatorial district shall be composed of the counties of Coffee, 
Ware and Clinch. 6th. The sixth senatorial district shall be com- 
posed of the counties of Echols, Lowndes, Berrien and Tift. 7th. The 
seventh senatorial district shall be composed of the counties of 
Brooks, Colquitt, Thomas and Grady. 8th. The eighth senatorial 
district shall be composed of the counties of Decatur, Mitchell and 
Miller. 9th. The ninth senatorial district shall be composed of the 
counties of Early, Calhoun and Baker. 10th. The tenth senatorial 
district shall be composed of the counties of Dougherty, Lee, Worth 
and Turner. 11th. The eleventh senatorial district shaH be com- 
posed of the counties of Clay, Randolph and Terrell. 12th. The 
twelfth senatorial district shall be composed of the counties of Stew- 
art, Webster and Quitman. 13th. The thirteenth senatorial district 
shall be composed of the counties of Sumter, Schley and Macon. 
14. The fourteenth senatorial district shall be composed of the coun- 
ties of Dooly, Crisp, Wilcox and Pulaski. 15th. The fifteenth sena- 
torial district shall be composed of the counties of Montgomery, 
Telfair, Dodge, Irwin and Ben Hill. 16th. The sixteenth senatorial 
district shall be composed of the counties of Laurens, Emanuel and 
Johnson. 17th. The seventeenth senatorial district shall be com- 
posed of the counties of Screven, Bulloch, Jenkins and Burke. 
18th. The eighteenth senatorial district shall be composed of the 
counties of Richmond, Glascock and Jefferson. 19th. The nine- 
teenth senatorial district shall be composed of the counties of Talia- 
ferro, Greene and Warren. 20th. The twentieth senatorial district 
shall be composed of the counties of Baldwin, Hancock and Wash- 
ington. 21st. The twenty-first senatorial district shall be com- 
posed of the counties of Twiggs, Wilkinson and Jones. 22d. The 
twenty-second senatorial district shall be composed of the counties 
of Bibb, Monroe and Pike. 23d. The twenty-third senatorial dis- 
trict shall be composed of the counties of Houston, Crawford and 
Taylor. 24th. The twenty-fourth senatorial district shall be com- 
posed of the counties of Muscogee, Marion and Chattahoochee. 
25th. The twenty-fifth senatorial district shall be composed of the 
counties of Harris, Upson and Talbot. 26th. The twenty-sixth 
senatorial district shall be composed of the counties of Spalding, 
Butts and Fayette. 27th. The twenty-seventh senatorial district 
shall be composed of the counties of Rockdale, Walton, Newton 
and Oconee. 28th. The twenty-eighth senatorial district shall be 
composed of the counties of Jasper, Putnam and Morgan. 29th. The 



§§335,336 FIFTH TITLE.— CHAPTER 1, ARTICLE 1. 106 

Annual session and organization. 

twenty-ninth senatorial district shall be composed of the counties 
of Wilkes, Columbia, Lincoln and McDuffie. 30th. The thirtieth 
senatorial district shall be composed of the counties of Oglethorpe, 
Madison, Elbert and Clarke. 31st. The thirty-first senatorial dis- 
trict shall be composed of the counties of Hart, Habersham, Frank- 
lin and Stephens. 32d. The thirty-second senatorial district shall 
be composed of the counties of White, Dawson and Lumpkin. 
33d. The thirty-third senatorial district shall be composed of the 
counties of Hall, Banks and Jackson. 34th. The thirty-fourth sena- 
torial district shall be composed of the counties of Gwinnett, De- 
Kalb and Henry. 35th. The thirty-fifth senatorial district shall 
be composed of the counties of Clayton, Cobb and Fulton. 36th. The 
thirty-sixth senatorial district shall be composed of the counties of 
Campbell, Coweta, Meriwether and Douglas. 37th. The thirty- 
seventh senatorial district shall be composed of the counties of 
Carroll, Heard and Troup. 38th. The thirty-eighth senatorial dis- 
trict shall be composed of the counties of Haralson, Polk and Pauld- 
ing. 39th. The thirty-ninth senatorial district shall be composed 
of the counties of Milton, Cherokee and Forsyth. 40th. The for- 
tieth senatorial district shall be composed of the counties of Union. 
Towns and Rabun. 41st. The forty-first senatorial district shall 
be composed of the counties of Pickens, Fannin and Gilmer. 
42d. The forty-second senatorial district shall be composed of the 
counties of Bartow, Floyd and Chattooga. 43d. The forty-third 
senatorial district shall be composed of the counties of Murray, 
Gordon and Whitfield. 44th. The forty-fourth senatorial district 
shall be composed of the counties of Walker, Dade and Catoosa. 

§335. (§292.) General Assembly, how organized. Each branch 
shall be organized by the clerk and secretary thereof respectively, 
who are ex officio presiding officers until such are elected. No 
questions shall be entertained by them but one relating to the or- 
ganization, and in deciding such questions they are to be governed, 
as far as practicable, by the standing rules of the house over which 
they preside. In the absence of such officers, their assistants may 
officiate. In the absence of both, the body may appoint a chair- 
man whose powers and duties are the same. 

§336. (§293.) Oath of members. The oaths of office may be ad- 
ministered to the members of the General Assembly by any judge of 
the Supreme or superior courts, to be procured by the person organ- 
izing each branch. 



SS6410. 6418. 



&O410. 



107 FIFTH TITLE.— CHAPTER 1, ARTICLES 2, 3. §§337-341 

Doorkeeper and messenger ; subletting offices forbidden ; other officers. 

§337. (§294.) President of the Senate and Speaker of the House, 
how elected. The President of the Senate and Speaker of the House 
are elected by their respective bodies viva voce, and a majority of 
votes is necessary to a choice. In like manner the Senate must elect 
a president pro tern., and the House a speaker pro tern., whose 
powers and duties, while presiding, or in the absence of said officers, 
are the same. 



ARTICLE 2. 

Doorkeeper and Messenger. 

§338. (§296.) Doorkeeper and messenger. Each house is entitled ^y 862 " 3 
to a doorkeeper and messenger, to perform such duties as may be 
required of them, who shall be elected as provided for the election of 
clerk and secretary, and who shall receive the same pay as the mem- 
bers of the General Assembly. 



ARTICLE 3. 

Subletting Offices Forbidden; Other Officers. 

§339. (§297.) Subletting offices prohibited. No doorkeeper, or Act 1 ^ ss - 
other employee of the House of Representatives or Senate, shall 
sublet his employment or contract in any way, nor shall the person 
having the appointment of any of said employees consent to any 
substitution of any other person for any of said employees. 

§340. (§298.) Office vacant when original employee can not dis- 
charge duties. "Whenever for any reason the person appointed to 
any of said positions can not personally discharge the duties of the 
same, said office shall become vacant, and it shall be the duty of 
the person in whom is vested the appointing power to appoint 
another person for such time as the original employee can not dis- 
charge his duties, and the compensation shall, from the date of such 
new appointment, be paid to the new employee for the time he shall 
serve. 

§341. (§299.) Employing substitutes, penalty. Whenever the pro- 
visions of this Chapter are violated, and any person is substituted 
for another in violation of the same, neither the person so substi- 
tuted, nor the person for whom he is substituted, shall receive any 



§§342-345 FIFTH TITLE.— CHAPTER 1, ARTICLE 4. 108 



Appropriation bills. 



compensation out of the State treasury ; and it shall be the duty of 
the treasurer, whenever any change is made in any of the persons 
filling any of said positions, to ascertain that the change was made 
according to the provisions of this Chapter, before paying any 
money to the new officer or employee. 

§342. (§300.) Officers, how paid. All officers and employees pro- 
vided for in this Chapter shall be paid for their services by the 
treasurer only, upon the approval of their accounts by the auditing 
committee of the Senate and House of Representatives. 

§§6430, 643i. ^343 (§301.) Appointments for special purposes. When it shall 
be necessary to carry into effect the seventh section of the Third 
Article of the Constitution, or for any like purpose, either of said 
officers may appoint any person to execute the orders of each house 
and the warrant of the presiding officer, who may receive for the 
service such compensation as the General Assembly may appro- 
priate. 



ARTICLE 4. 
Appropriation Bills. 

A_cts 1880-1, §344. (§302.) Book of appropriation bills to be furnished annually. 

$§6438, 238, The clerk of the House of Representatives shall provide, out of the 
contingent fund of the House, a well-bound book, which he shall 
deliver to the chairman of the House finance committee, as soon as 
such chairman shall be appointed, and said chairman shall enter or 
cause to be entered in such book, in the order of their introduction, 
all bills seeking, directly or indirectly, to obtain appropriations from 
the State treasury, with a brief statement of the contents of such bill, 
together with the number thereof, the name of the introducer, and 
any other facts developed before the committee that will throw any 
light on the nature of the legislation proposed by the bill. After 
the expiration of the legislature, said chairman shall deposit said 
book with the secretary of State, who shall deliver the same to each 
successive chairman of said committee as soon as he shall have been 
appointed. 

Acts^issg, §345. (§303.) Permanent appropriations included in general bill. 

§ 3i6 38 ' 238, ^1 general appropriation bills shall, in addition to the customary 
itemized statements of the amounts appropriated for the usual ex- 
penses of the executive, legislative, and judicial departments of the 



109 FIFTH TITLE.— CHAPTER 1, ARTICLES 5, 6, 7. §§346-348 

Finance committee's report ; suspension of comptroller or treasurer ; unfinished business, etc. 



government, and for the support of the public institutions and edu- 
cational interests of the State, contain also a like itemized statement 
of all amounts appropriated by any previous law, to be paid annually 
out of the treasury ; and such amounts so appropriated by previous 
laws shall not be paid from the treasury, unless they are embraced 
in the general appropriation Act. 



ARTICLE 5. 

Finance Committee's Report. 

§346. (§304.) Joint finance committee. It is part of the duty of^ 238 - 23 °- 
the joint standing committee of finance to examine the accounts and 
vouchers of the comptroller and treasurer as to all moneys received 
into and paid out of the treasury during the last fiscal year, to com- 
pare the warrants drawn during that period with the several laws by 
authority of which they purport to be drawn, to examine into the 
other accounts and books of such officers, to count the money on 
hand at the time of the examination, and to examine the annual re- 
ports made by said officers, to see if they are sustained by the true 
condition of their offices, and report the result to each branch of the 
General Assembly. 



ARTICLE 6. 
Suspension of Comptroller or Treasurer. 
§347. (§305.) Suspension of comptroller or treasurer. The General Acts 18789 - 

. p. 30. 

Assembly may suspend from the functions and duties of office either §§i6o, 6487, 

222-224. 

the treasurer or the comptroller-general (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, 
demand such suspension. 



ARTICLE 7. 

Unfinished Business, Engrossed Bills, etc. 

§348. (§306.) Duty of the secretary and clerk at close of the ses-§§365, 366. 
sion. At the close of each session, the secretary of the Senate, clerk 



§§349-354 FIFTH TITLE.— CHAPTER 1, ARTICLE 8. 110 

Pay of members. 



of the House of Representatives, and secretary of State must select 
all the papers belonging to the General Assembly, except such as 
relate to the unfinished and rejected business, and deposit them 
in the office of the secretary of State. 

Act io2 892, §^49. (§307.) Unfinished business of first session goes over to next. 

All bills, resolutions, and other matters pending at the end of the 
first session of each General Assembly shall go over to the next 
session as unfinished business, and occupy the same places on the 
calendar of the second session as such matters occupied at the first 
session. 



(i). 



hi, 366, 210 §350. (§308.) Engrossed copies of laws, etc. The engrossed copies 
of all laws and joint resolutions passed by the General Assembly 
must be preserved by the chairman of the enrolling committee, and 
deposited in the office of the secretary of State. 



ARTICLE 8. 

Pay of Members. 

§351. (§309.) Per diem. The per diem of members of the General 
Assembly shall not exceed four dollars, and mileage shall not exceed 
ten cents for each mile traveled, by the nearest practicable route, in 
going to and returning from the capital; but the President of the 
Senate and the Speaker of the House of Representatives, shall each 
receive not exceeding seven dollars per day. 

§352. (§310.) Sick members. If any member is detained by sick- 
ness, after leaving home, in coming to, or is unable to attend the 
house after he arrives at the seat of government, he is entitled to 
the same daily pay as an attending member; but no member shall 
receive pay for absent time unless on account of sickness of himself 
or family, or by express leave of the house of which he is a member. 

§353. (§311.) If a member die during the session. If any member 
of the General Assembly shall die during the session, or afterwards, 
without having received the whole or any portion of his pay, the 
amount due for the whole session shall be paid to the widow of the 
deceased, and if no widow, in like manner to the children. 

§354. (§312.) Accounts of members and officers, how audited. The 

compensation due to the officers and members of the General As- 
sembly must be certified by the President and Speaker, respectively, 



Ill FIFTH TITLE.— CHAPTER 1, ARTICLES 9, 10. §§355-357 

Resolutions appropriating money ; local bills and notice thereof. 



upon the report of the auditing committee, to the treasurer, who 
afterwards shall pay each member who presents his accounts duly- 
audited. 

§355. Visiting Committees of Legislature. All committees ap-^ <J 89 - 
pointed by the President of the Senate and Speaker of the House 
to visit the various institutions of the State shall consist of not 
more than three from the Senate and nine from the House. Said 
committees shall receive as compensation, in addition to their per 
diem, as is provided by law for members of the General Assembly, 
the actual and necessary money paid out by them as expenses in 
visiting said institutions. 



ARTICLE 9. 

Resolutions Appropriating Money. 

§356. (§313.) Appropriations of money by resolution. All resolu-^^- 2 1 4 4 th ' 
tions which may grant money out of any fund shall be treated in § ^ 9, 6438 - 
all respects, in the introduction and form of proceeding on them, 
in a similar manner with bills ; they shall originate in the House of 
Representatives, and shall receive three readings previous to their 
being passed, but the Senate may propose or concur in amendments, 
as in case of bills. 



ARTICLE 10. 

Local Bills and Notice Thereof. 

§357. (§314.) Notice of local bills. Notice of an intention to ap-Aci S _i878 9. 
ply for the passage of a local or special bill shall be given in thes6444. 
following manner : 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 
affected thereby, or in which the locality or municipality is situated, 
thirty days before the introduction of such bill : Provided, that where 
there is no newspaper published in the county where local legislation 
is asked, 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 section, no newspaper shall charge more than one dollar per 
square for said notice, and in case of refusal to publish at said rates, 



§§358-362 FIFTH TITLE.— CHAPTER 2. 112 



§6455. 



Acts 1878-9. 
p. 185. 



Secretary of the Senate and clerk of the House. 



then a publication in any other newspaper having a circulation in 
the county where the local legislation is desired shall be sufficient. 
And 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 section, with the certificate of the ordinary 
that the notice has been posted, shall be sufficient evidence that 
notice has been given in accordance with the requirements of the 
Constitution. 



CHAPTER 2. 
Secretary of Senate and Clerk of the House. 

§358. (§315). Secretary of the Senate and clerk of the House. 

There shall be a secretary of the Senate and clerk of the House of 
Representatives, elected by the members of each house respectively, 
viva voce, and a majority of votes cast is necessary to elect. Their 
terms of office shall be the time for which the members of the 
General Assembly are elected. 

§359. (§316.) Oath of secretary and clerk and their assistants. 

Said officers, their assistants, and engrossing and enrolling clerks, 
before entering on the discharge of their duties, shall take an oath 
before their respective presiding officers to discharge their duties 
faithfully and to the best of their skill and knowledge, of which 
a minute shall be made and entered on the journals. 

§360. (§317.) President and Speaker may administer oaths. The 

President of the Senate and Speaker of the House are to administer 
the oaths required to the subordinate officers of their respective 
houses. 

A p ^i 8 5 S7S9, §361. (§318.) Pay of secretary and clerk and their assistants. The 

§ 366* 3 ' 321 ' 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. 



§362. (§319.) Assistant clerks. Said secretary and clerks shall 
each select and appoint such assistants as may be necessary for the 
performance of the clerical work of their respective houses, includ- 
ing 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. 



n3 FIFTH TITLE.— CHAPTER 2. §§363-367 



Secretary of the Senate and clerk of the House. 



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. 

§363. (§320.) Must give bond. Immediately after their election, A p cts 18 J 878 ' 9 
said secretary and clerk shall each give bond and security in the 
sum of five thousand dollars, payable to the Governor and his suc- 
cessors 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. 

§364. (§321.) Qualification and removal of certain clerks. No 

journalizing, recording, enrolling, or engrossing clerk shall be ap- 
pointed by the secretary of the Senate or clerk of the House, until 
such clerk has been examined by the enrolling committee, and cer- 
tified to their respective houses to be competent and well qualified 
to the discharge of the duties required of him ; and such clerk shall 
be removed at any time upon the recommendation of the enrolling 
committee of the House in which he is employed. 

§365. (§322.) Secretary and clerk must file papers and documents. §348 - 

The secretary of the Senate and the clerk of the House of Represen- 
tatives must, within ten days after the adjournment of each session, 
file, in proper order, all the papers and documents of their respective 
houses. 

§366. (§323.) Secretary and clerk shall not be paid until they have §§348, 321, 
filed papers. The records, papers, and documents thus filed must be 
delivered to the secretary of State, who, upon receipt of the same, 
must certify that such secretary and clerk have respectively com- 
plied with said requisitions, and the treasurer shall not pay their 
several salaries until such certificate is produced. 

§367. (§324.) Secretary must aid when both houses meet. When 
there is a meeting of both branches of the General Assembly in one 
chamber, said secretary and clerk shall be present and join in the 
discharge of the duties required, and shall enter on the journals of 
each the proceedings. ' 



§§368, 369 FIFTH TITLE.— CHAPTER 3, ARTICLE 1. 114 



Elections by the General Assembly ; for United States Senators. 

CHAPTER 3. 

Elections by the General Assembly. 



ARTICLE 1. 
For United States Senators. 
Act of ?c« e §368. (§325.) United States senators, when elected. The legisla- 

gress, 1866. | ' a 

§§6420. 6455. ture of each State, which shall be chosen next preceding the expira- 
tion of the time for which any senator was elected to represent said 
State in Congress, shall, on the second Tuesday after the meeting 
and organization thereof, proceed to elect a senator in Congress, in 
the place of such senator so going out of office. 

A g C re S s ( So. §369. (§326.) Election, how conducted. Said election for such 
§6532. senator shall be conducted in the following manner : Each house 

shall openly, by a viva voce vote of each member present, name one 
person for senator in Congress from said State, and the name of the 
person so voted for, who shall have a majority of the whole number 
of votes cast in each house, shall be entered on the journal of each 
house by the clerk or secretary thereof;' but if either house shall 
fail to give such majority to any person on said day, that fact shall 
be entered on the journal. At twelve o'clock meridian of the day 
following that on which proceedings are required to take place, as 
aforesaid, the members of the two houses shall convene in joint as- 
sembly, and the journal of each house shall then be read, and if the 
same person shall have received a majority of all the votes in each 
house, such person shall be duly declared elected senator to repre- 
sent said State in the Congress of the United States ; but if the same 
person shall not have received a majority of the votes in each house, 
or if either house shall have failed to take proceedings as required in 
this section, the joint assembly shall then proceed to choose, by a 
viva voce vote of each member present, a -person for the purpose 
aforesaid ; and the person having a majority of all the votes of the 
said joint assembly, a majority of all the members elected to both 
houses being present and voting, shall be declared duly elected ; and 
in case no, person shall receive such majority on the first day, the 
joint assembly shall meet at twelve o'clock meridian of each succeed- 
ing day during the session of the legislature, and take at least one 
vote, until a senator shall be elected. 



115 FIFTH TITLE.— CHAPTER 3, ARTICLE 2. §§370-372 

For other officers. 

§370. (§327.) Elections to fill vacancies. Whenever, on the meet- A £j* ^ 
ing of the legislature of any State, a vacancy shall exist in the repre- 
sentation of such State in the Senate of the United States, said 
legislature shall proceed, on the second Tuesday after the commence- 
ment and organization of its session, to elect a person to fill such 
vacancy, in the manner hereinbefore provided for the election of a 
senator for a full term ; and if a vacancy shall happen during the 
session of the legislature, then on the second Tuesday after the legis- 
lature shall have been organized and shall have notice of such 
vacancy. 

§371. (§328.) Election, how certified. It shall be the duty of the A ^,£ f 8 ° 6 n 6 . 
Governor of the State from which any senator shall have been 
chosen, as aforesaid, to certify his election, under the seal of the 
State, to the President of the Senate of the United States; which 
certificate shall be countersigned by the secretary of State. 



ARTICLE 2. 
For Other Officers. 
§372. (§329.) Other officers, when elected. All officers created for sswf. em 
the service of the State, the election of which is not given to the 6532 - 
people, or some other tribunal, are elected by the General Assembly, 
in the same manner and time as the officers elected by them. 



§§373-377 SIXTH TITLE.— CHAPTER 1, ARTICLES 1, 2. 116 

County organization ; militia districts ; denned ; militia districts, how laid out, consolidated, etc. 



SIXTH TITLE. 

County Organization. 



CHAPTER 1. 
Militia Districts. 



ARTICLE 1. 
Defined. 



§4704. 



^704,4796(4), §373. (§330.) Militia districts, how divided. Each county of this 

842 

State is divided into militia districts according to their respective 
territory and population. 

§374. (§331.) Districts to remain. Such districts as at present 
organized are to remain the same until changed in the manner here- 
inafter prescribed. 

§375. (§332.) Must contain how many male residents. Each dis- 
trict hereafter organized or changed must contain within its limits 
at least one hundred male persons over twenty-one years of age, resi- 
dent at the time of the organization, liable to militia duty, and in 
its formation must not leave any older district with a less number. 



ARTICLE 2. 

Militia Districts, How Laid Out, Consolidated, or Abolished. 

Act 1839, s 376 (§333.) How laid out or changed. Whenever it may be 

Cobb. 186. o \ o / o 

A cobb 84 i°s necessary and expedient to lay out a new militia district, or to 
§§4704, 4796 change the lines of old ones, or to consolidate or abolish old dis- 

(4), S42. ° 7 

Acts^i899. tricts, the ordinary may, at any time, appoint three commissioners, 
citizens of the district or districts from which it is proposed to 
make the new district, or change the lines thereof, whose duty it 
shall be to lay out and define such lines, and report the same to 
the said ordinary. 

cobb S3 i87 §377. (§334.) Survey, etc. Such commissioners have authority to 

engage the services of a competent surveyor to assist them in their 



117 SIXTH TITLE.— CHAPTER 1, ARTICLE 2. §§378-382 

Militia districts, how laid out, consolidated, or abolished. 

duties, who shall be paid for his services, out of the county treasury, 
the same compensation county surveyors have for similar services 
rendered a citizen. 

§378. (§335.) Proceedings recorded. If the ordinary approves A ^ b i 83 ^ 7 
their report, he shall have all proceedings in the matter entered on 
his minutes, after which the district laid out, or line changed or 
denned, shall be known and regarded accordingly. 

§379. (§336.) Proceedings transmitted to Governor. It is the^ 1 , 84 ^ 
duty of such ordinary, if a new district is laid out, to transmit in- 
stanter to the Governor such proceedings from his minutes, duly 
certified, and to publish them for thirty days at the door of the 
court-house and in the public gazette where he does his official 
advertising. 

§380. (§337.) Ordinary must order an election, when. As soon as § 842 
such is done, such ordinary must immediately order an election for 
a justice of the peace and two constables for such district, after 
advertising the same for thirty days in three of the most public 
places of the new district. 

§381. (§338.) Making or changing districts, consequences. If, in^lJ 899, 
laying out a new district or in changing the lines of old districts, or §842, 
in consolidating or abolishing old districts, the residences of jus- 
tices of the peace or constables elected or appointed are included 
in the new district, or cut off from the district for which they were 
elected or appointed, they have authority to discharge their duties 
for the district for which they were elected or appointed, until 
their terms of office expire and their successors in such district 
are qualified, unless elected or appointed to the same office in the 
new district to which they are eligible. 

§382. (§339.) Suits pending. Suits pending in any justice 's court 
must not be changed because the residence of a defendant is in- 
cluded in the new district, or cut off into another district, but they 
must proceed as though no such change had been made. ■; 



§§383-387 SIXTH TITLE.— CHAPTER 2, ARTICLES 1, 2, 3, 118 

Incorporation of counties, etc. : counties are corporate bodies ; suits against counties ; contracts, etc. 

CHAPTER 2. 

Incorporation of Counties, County Contracts, Property, and Claims. 



ARTICLE 1. 

Counties are Corporate Bodies. 

"S^'esei 8, §383. (§340.) Each county a body corporate. Every county is a 
6594. 903. body corporate, with power to sue or be sued in any court. And 
all inhabitants of counties, who are competent jurors in other cases, 
are declared and shall be holden to be competent jurors in any 
case, in any court, where such counties are parties to the suit or 
interested therein in their capacity as corporations or quasi corpo- 
rations. 



ARTICLE 2. 

Suits Against Counties. 

79 Ga! i2?'. §384. (§341.) County, when liable to suit. A county is not liable 
^ef'^J/ lei," to suit for any cause of action unless made so by statute. 

1488. 

A p ct | 9 ^ 872 ' §385. (§342.) Suits against counties, how brought and served. 

8 6549%594?' Suits by or against a county must be in the name of the county, 
ceoo. 440, 4d6, an( j j n a u cases j n w hich a county may be a party defendant, service 
perfected upon the ordinary and clerk of the court of ordinary, if 
there be a clerk, and if no clerk, then upon the ordinary alone, shall 
be deemed sufficient ; except that in those counties where the fiscal 
affairs of the county are committed to a board of commissioners, 
service perfected upon a majority of said commissioners shall be 
sufficient. 



/ 2 K rS'l {*£ far 



farv^T/Ue ARTICLE 3. 

Contracts, How Made by Counties, Competition in Bidding. 



/-'7 

'/ mm. 4i9. §386. (§343.) Contracts with ordinary. All contracts entered into 

by the ordinary with other persons in behalf of the county must be 

in writing and entered on their minutes. 

A p. t8 i59 878 " 9, §387. (§344.) Mode of contracting in certain cases. Whenever it 
uqmI', 419-4% becomes necessary to build or repair any court-house, jail, bridge. 



119 SIXTH TITLE.— CHAPTER 2, ARTICLE 3. §§388,389 

Contracts, how made by counties, competition in bidding. 

causeway, or other public works in any county in this State, the of- 
ficer having charge of the roads and 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, be- 
fore the court-house door, after having advertised the letting of said 
contracts as hereinafter provided: Provided, that such county au- 
thorities shall have authority to reject any and all bids at such pub- 
lic letting, and if in their discretion the public interest and economy 
require it, such county authorities may build or repair any public 
buildings, bridges, causeways, or other public property in the county, 
by contract or sealed proposals, to be invited under the same provi- 
sions as to specifications and like informations as are provided in 
the following sections. 

§388. (§345.) What notice shall be given. Whenever the contract A p c ^ e Jf 78 ' a ' 
is likely to cost a sum greater than five thousand dollars, the proper §42 °- 
officer shall give notice in the public gazette wherein the sheriff's 
sales are advertised, once a week for four weeks, and by posting a 
written notice at the court-house door for a like time, which notice f^fo. 1901 ' 
and advertisement 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 no- 
tice shall be published once a week for four weeks, and by posting- 
notice for the same period ; and such officer shall make out, and post 
conspicuously in his office, complete and minute specifications of the 
proposed public work, which shall be open to the inspection of the 
public. 

§389. (§346.) Contractors to give bond. Contractors who are-^ty 8789 - 
awarded contracts shall be required to give bond in double the* 889 ^ p. 49. 
amount of the bid, with two good and solvent securities, for the ( 
faithful performance of the contract, and to indemnify the count; 
for any damages occasioned by a failure to perform the same within 
the prescribed time. And it shall be unlawful to let out any con- 
tract for building or repairing any public building, bridge, or other 
public work, unless the provisions of these sections are complied 
with ; and any contractor doing, or having done, any work of the 
kind in any other manner shall not be entitled to receive any pay 
therefor: Provided, that the requirements of these sections shall 
not apply to the building or repairing of any public bridge, build- 
ing, or other work when the same can be done at a less cost than 



:fe^o/>< 



§§390-393 



SIXTH TITLE.— CHAPTER 2, ARTICLE 3. 



120 



Contracts, how made by counties, competition in bidding 



Acts 


1806. 


p. 73 




Penal 


Code, 


§741. 




§§387, 


419, 


1337, 


1339 


1349. 




Penal 


Code 


§741. 





Acts 1896, 

p. 73. 
Penal Code, 

§741. 



Penal Code, 



Acts 1898, 
p. 105. 
1899, p. 68. 
1901, p. 81. 



three hundred dollars, but such officer may have such work of build- 
ing or repairing done by hiring hands and furnishing materials. 

§390. Public work, competition for. Whenever public work for 
the State, or any county thereof, is to be let out by bidding, no 
person shall, by himself or otherwise, prevent, or attempt to prevent, 
by any means whatever, competition in such bidding. No person 
who desires to procure such work for himself or another shall, by 
any means whatever, prevent, or endeavor to prevent, any one 
from making a bid therefor, nor shall such person so desiring the 
work procure or induce another to withdraw a bid for the work. 

§391. Oath to be made by successful bidder. Any person who 
procures such public work by bidding shall, before commencing to 
do the work, make an oath in writing that he has not directly or 
indirectly violated the foregoing section. The oath shall be filed 
with the officer whose duty it is to make the payment ; if the con- 
tractor be a copartnership composed of more than one person, all 
of the copartners, and any officer or agent or other person who 
may have represented or acted for them in bidding or procuring the 
contract, shall also unite in making the oath. If the contractor 
be a corporation, all officers, agents, or other person who may have 
acted for or represented the corporation in bidding or procuring the 
contract shall make the oath. 

§392. Penalty if oath should be false. If the oath prescribed in 
the foregoing section shall be made and should be false, the 
person making it shall be punished for false swearing, and the 
contract shall be void, and all sums paid by the State or county on 
the contract may be recovered by appropriate suit. 

§393. Certain purchases prohibited. No ordinary, county com- 
missioner, board of county commissioners, or any other county 
officer authorized or empowered by law to use public or county 
funds for the purchase of goods or property of any kind for pub- 
lic or county purposes, shall purchase said goods or property from 
any store in which he is an employee, or in which he is directly or 
indirectly interested, or from any person or partnership of which 
he is a member, or by whom he is employed, unless by sanction of the 
majority of the board of county commissioners of the county, or 
unless it shall be made clearly to appear that the said individual, 
partnership, or owner of the store offers and will sell the goods 
or property as cheap or cheaper than it can be bought elsewhere. 



121 SIXTH TITLE.— CHAPTER 2, ARTICLE 4. §§394-398 



County property. 



§394. Penalty, and contract illegal. Any county official violating §§4251 ' 264 - 
the provisions of the preceding section shall be removed from office 
upon proper proceedings instituted by any taxpayer in said county, 
and any contract made in violation of the provisions of said section 
shall be illegal. 



ARTICLE 4. 

County Property. 

§395. (§347.) Deeds for benefit of county. All deeds, conveyances, 
grants, or other instruments, which have been or may be made to 
any officer or person for the use and benefit of the county, vest in 
such county the title as fully as if made to such county by name. 

§396. (§348.) County property, how controlled. The ordinary §§4796, 305, 
has the control of all property belonging to the county, and may by 
order to be entered on their minutes direct the disposal of any real 
property which can lawfully be disposed of, and appoint a commis- 
sion to make the titles thereto, and the conveyance of such commis- 
sion in accordance with such order vests the grantee or vendee with 
the title of the county. 

§397. (§349.) Public laws and Supreme Court reports to be in- Acts 13 ^ 882 " 3> 
sured. The officer having charge of the financial affairs of each §§479G - 147 - 
county shall keep insured at a fair valuation against loss by fire 
all volumes of the public laws and decisions of the Supreme Court 
which have been furnished to the ordinaries and clerks of the 
superior courts of their respective counties. 

§398. (§350.) Policies in name of county. The policies of insur- A p ct ^ 882 ' 3 - 
ance shall be in the name of the county and the premiums therefor 
paid out of the finances of each county respectively, and in case 
of any loss or damage by fire, the county authorities shall proceed 
to collect the amount of loss or policy, and when so collected the pro- 
ceeds thereof shall be used in supplying new books of the kind lost 
or injured, as far as such proceeds may be sufficient. 



§§399-404 SIXTH TITLE.— CHAPTER 2, ARTICLE 5. 122 

County buildings, care and inspection thereof ; supplies for county offices. 

ARTICLE 5. 

County Buildings, Care and Inspection Thereof. Supplies for 

County Offices. 

§§408, 4796. §399. (§351.) County buildings, etc. The county buildings are to 
be erected and kept in order and repaired at the expense of the 
county, under the direction of the ordinary, who is authorized to 
make all necessary contracts for that purpose. 

A cobb™i 6 s2. § 400 - (§ 352 -) Public buildings and records. It is the duty of the 

§§4839, 408. ordinaries to erect or repair, when necessary, their respective court- 
houses and jails, and all other necessary county buildings, to fur- 
nish each with all the furniture necessary for the different rooms, 
offices, or cells, and to procure a fire-proof safe, or safes, sufficient 
to hold at least all the minute-books and books containing records, 
of judgments, books of officers' bonds, all recognizances, the bonds 
of administrators and guardians, the record of wills and of appraise- 
ments and sales, unless the court-house has a fire-proof vault ; such 
books and papers, and all others that can, must be placed in such 
safes or vaults at night, or when the officers are absent. 

§503. §401. (§353.) Court-house rooms. Such ordinaries shall desig- 

nate the rooms in the court-house to be occupied by each of the 
county officers, and enter the same on their minutes, which they may 
change from time to time as convenience may require. 

Acts i9oi, §402. Supplies for county offices. It shall be the duty of the 

ordinaries or board of county commissioners, or other county au- 
thorities where such boards exist, and who have the management 
of the revenues of the counties, to furnish coal, wood, lights, furni- 
ture, stationery, records, and office supplies in general, for the 
different county offices of the various counties in this State, at the 
expense of each county ; provided, that this section shall only apply 
to the offices of said officers in the various court-houses in said 
counties. 

§4839. §403. (§354.) Court-houses, jails, etc. The court-houses, as well 

as jails, the public grounds, and other county property are placed in 
the keeping of the sheriff of their respective counties, subject to the 
order of such ordinaries, and it is their duty to preserve them from 
injury or waste and to prevent intrusions upon them. 

§404. (§355.) Jails, how constructed. The county jails hereafter 
constructed must be of sufficient size and strength to contain and 
keep securely the prisoners which may be confined therein, and must 



123 SIXTH TITLE.— CHAPTER 2, ARTICLE 5. §§405-409 

County buildings, care and inspection thereof ; supplies for county offices. 

contain at least two apartments, properly ventilated, so as to secure 
the health of those confined therein — one for males, and one for fe- 
males. 

§405. (§356.) Grand juries inspect jails. The grand juries shall ^ ct i 2. 887, 
carefully inspect the sanitary condition of the common jails of their 
respective counties at each regular term of the superior court, and 
make such recommendations to the ordinaries of their .counties in 
their general presentments as may be necessary to provide for the 
proper heating and ventilation of such jails, which recommendations 
it is hereby made the duty of the several ordinaries of this State 
to observe and strictly enforce; such grand juries shall make such 
presentments in regard to the general sanitary condition of their 
jails and the treatment of the inmates of the same as the facts may 
justify. 

§406. (§357.) Preceding' section specially charged. The judges 
of the superior courts shall give the preceding section in special 
charge to the grand juries in each county in this State at each 
regular term of the superior court held in such counties. 

§407. (§358.) Injuries to public buildings. If any person shall Penal Code « 
designedly destroy, injure, or deface any public building, the appur- 
tenances thereto, or the furniture inside, or shall use either for any 
indecent purpose, such person shall be guilty of a misdemeanor, be- 
sides being liable for the damages. 

§408. (§359.) Public buildings and records, how inspected. It is 

the duty of the grand juries to inspect all the public buildings and 
other property of the county and the county records, and to report 
in their general presentments their condition, and if they report that 
such ordinaries have failed to comply with the law touching the 
same, it is the duty of the solicitor-general of the circuit to com- 
mence proceedings against them that they may be compelled so to 
do, if they do not in good faith comply by the next term of the 
superior court. 

§409. (§360.) Duty of judge of the superior court. The judges 
of the superior court shall, when necessary, call the attention of the 
grand jury to the duties required of such ordinaries in this Chapter. 



§§410-414 SIXTH TITLE.— CHAPTER 2, ARTICLES 6, 7. 124 

Claim against counties ; annual reports of county officers. 

ARTICLE 6. 

Claims Against Counties. 

A p ct g 9 ^ S712, §410. (§361.) County orders must specify the fund on which they 
§ 23s 9 ^Vk 1 228 are drawn. Except where otherwise provided by law the ordinaries 
(8) - must audit all claims against their respective counties, and every 

claim, or such part as may be allowed, must be registered, and he 
or his clerk must give the claimant an order on the treasurer for 
the same, and in the order he shall specifically designate upon what 
particular fund such order is drawn, and out of which payment is 
to be made. 

§4796. §411. (§362.) Claims to be presented, when. All claims against 

counties must be presented within twelve months after they accrue 
or become payable, or the same are barred, unless held by minors or 
other persons laboring under disabilities, who are allowed twelve 
months after the removal of such disability. 

§385. §412. (§363.) Judgment vs. county. The private property of the 

citizens of a county shall not be bound by any judgment obtained 
against the county, but such judgment, if binding, shall be satisfied 
from money raised by lawful taxation. 



ARTICLE 7. 

Annual Reports of County Officers. 

Acts 1876, §413. (§364.) County officers to make annual returns. The or- 

§§23i, 527, 576dinaries, county treasurers, clerks of the superior courts, and sher- 

(7), 416-418. . r 

iffs of the various counties of the State shall make a return, under 
oath, to the grand jury of their respective counties on the first day of 
each term of the superior court, a just and true statement of the 
amount of money received by them belonging to the county, the 
source from which the same was received ; also, their expenditures, 
accompanied with proper vouchers. 

Acts ma, §414. (§365.) Duty of grand juries. When the returns provided 

for in the preceding section shall have been made, the grand jury 
shall examine the same, and if found correct, indorse their approval 
thereon, and attach the same to their general presentments, to be 
filed in the clerk's office of the superior court. But if found incor- 
rect, the grand jury, through their foreman, shall return said re- 
turns to the officer making the same, plainly and distinctly setting 



]25 • SIXTH TITLE.— CHAPTER 2, ARTICLE 8. §§415-418 



County auditors and expert accountants. 



forth in writing the grounds of their disapproval, and require said 
officer to appear before said jury and explain the errors complained 
of. 

§415. (§366.) Officer failing to make returns, how dealt with. ^ 4 1876 - 
Should any officer fail or refuse to make the return required by sec- 
tion 413, the foreman of the grand jury shall notify the presiding 
judge of said failure instanter; and said judge shall issue an order 
requiring said delinquent officer to come forward and make the re- 
turn as required by said section, or, in default, be attached for con- 
tempt. 



ARTICLE 8. SZ^^farr^+J^ ^~~ ^ 

County Auditors and Expert Accountants. ryy^ 2 ^^ 

§416. County auditor, when clerk shall be. In all counties A p ct ^ u ^ 905 ' 
which have within their territory a city of more than eighty-five ^1^°°^' 
thousand population, and which also have a board of commissioners 
of roads and revenues and a clerk of the same, such clerks shall be 
ex-officio county auditors of such counties, and they shall be paid a 
salary of six hundred dollars per annum out of the county treasury. 

§417. Duties of auditor. It shall be the duty of such county %% w;Sl'tlZ 
auditors, under the direction of their respective boards of com-p 4 ™ [^ e 
missioners of roads and revenues, and in accordance with such §§840, 841 - 
rules as may be prescribed by said boards, to audit the accounts 
of the county treasurers, tax-collectors, and of all other officers of 
the county whose accounts now are, or may hereafter be, required 
by law to be audited. 

§418. Expert accountant in other counties. In counties other Act | 7 1901, 
than those mentioned in the two preceding sections, the ordi-^ 7 p : 5 ^ 13 
nary, or commissioners of roads and revenues in the counties hav- p 4 e 7 n 9 ^ ( J^ e 
ing such commissioners, are authorized, whenever they deem it §§84 °- 841 - 
necessary to do so, to employ an expert accountant to examine and 
report on the books, vouchers, and accounts of any county officer 
whose duty it is under the law to handle county funds. The expert 
accountant may reside in the county in which he is to be employed, 
or elsewhere. 



§§419-421 SIXTH TITLE.— CHAPTER 2, ARTICLE 9. . 126 



Bridges between counties. 



ARTICLE 9. 
Bridges Between Counties. 
Acts 1880-1, §4.19. (§367.) Bridges between counties, how built. Whenever it 
$ 755 P6 404 43 3 86 becomes necessary to build or repair any public bridge over any 
390-392. watercourse in this State which divides one or more counties from 
each other, the ordinary, commissioners of roads and revenues, or 
other county officers having in charge the roads, bridges, and reve- 
nues of said counties joining at such watercourse, shall cause the 
same to be built or repaired by letting out the contract therefor to 
the lowest bidder, at public outcry, at the location of such bridge, 
after having advertised the letting out of said contract as herein- 
after provided. 

Acts 18801, §420. (§368.) Notice required. Whenever the contract is likely 
§§387, 388. to cost a sum greater than five thousand dollars, the proper officers 
of said counties shall give notice in the public gazettes wherein the 
sheriff's sales for such adjoining counties are advertised, once a week 
for eight weeks, and by posting a written notice at the court-house 
door of said adjoining counties, which advertisement and notice 
shall embrace such details and specifications as will enable the pub- 
lic 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 
cost less than five thousand dollars, the notice shall be published, 
as provided in this section, once a week for four weeks, and by post- 
■ ing, as heretofore provided, for a like period of four weeks ; and said 
officers shall make out, and post conspicuously in their said offices, 
complete and minute specifications of the proposed work, which 
shall be open to the inspection of the public, and said officers may 
in their discretion employ some competent engineer or builder to 
examine and prepare plans and specifications of such proposed work, 
for which service he shall be paid reasonable compensation by the 
said counties in the same proportion as said counties are required to 
pay for said work. 

Acts 1880-1, §421. (§369.) Bond of contractors. Contractors who are awarded 
1389. ' contracts under this and the two preceding sections shall be required 

to give bond in double the amount of the bid, with two good and 
solvent securities, who shall justify before signing said bond, condi- 
tioned for the faithful performance of the contract, and to indemnify 
the counties for any damages occasioned by a failure to perform said 
contract within the time provided, and keep said bridge, or repairs 
made thereon, in good condition for a period of time not less than 



127 SIXTH TITLE.— CHAPTER 2, ARTICLE 10. §§422-425 



Bridges in which United States and other States are interested, and bridges on navigable streams. 

seven years, and there shall be as many originals of said bond exe- 
cuted as there are counties interested in said bridge; one of said 
originals shall be filed with the proper authority representing each 
of said counties, to be kept as other official bonds. 

§422. (§370.) Repairs under five hundred dollars. The provisions ^.^a 880 " 1 ' 
of these sections shall not apply to the repairing of any bridge when §§ 387 - 3S9 - 
the same can be done at a less cost than five hundred dollars ; 
but such officers may have such repairing done by hiring hands and 
furnishing material, or by private contract for such repairs. 

§423. (§371.) Payment, how made. The payment for all work A p ct y 8801 - 
done under the provisions of the four preceding sections, shall be in §§387 ' 755 > 756 - 
accordance with the provisions of section 755 of this Code, and the 
remedy to enforce payment from any of said counties shall be as 
provided in section 756 of this Code : Provided, that nothing in these 
sections shall affect any counties having local laws affecting this 
subject. 



ARTICLE 10. 



Bridges in Which United States and Other States are Interested, and 
Bridges on Navigable Streams. 

§424. (§372.) Bridges connecting border counties with adjacent Act | 8 1895, 
States. Counties lying adjacent to any river on the border, or form- §419 - 
ing the boundary between this State and another, shall have the same 
power, acting by and through the proper county authorities, to build 
and maintain bridges over such river as the counties of this State 
now have to build and maintain bridges over streams lying wholly 
within their borders : Provided, that this power shall not be exer- 
cised except to co-operate with the proper authorities of the adjacent 
State in building and maintaining such bridges, and on the principle 
that each State is to build simultaneously from its own bank to the 
middle of the river and afterwards maintain and keep up the part 
of bridge which it has built ; no bridge shall be erected under this 
section at any point where the river exceeds, at low-water mark, 
one thousand feet in breadth. 

§425. (§373.) Contract with United States for building bridges, Acts 1895, 
when. Commissioners or other authorities having jurisdiction of §«9. ' 
roads and revenues of any county in this State may contract and 
pay out of the funds of their respective counties such sums of money 



§§426-428 SIXTH TITLE.— CHAPTER 2, ARTICLE 11. 128 

Intercounty improvements. 

as they may deem equitable and just to the authorities of the United 
States for the fair proportion of such county for the cost of building 
any bridge that said commissioners or other county authorities may 
deem necessary to erect across any stream that may divide any 
county, or part of any county, from lands the jurisdiction over 
which may have been ceded to the government of the United States 
for any purpose : Provided, it shall forever thereafter be the duty 
of such authorities of the United States to keep such bridges in 
repair, and renew them as often as may be necessary, and keep them 
open for the free and uninterrupted travel of the public. 

§125-30. §426. (§374.) Jurisdiction of United States. The United States 

are hereby vested with full and complete jurisdiction over grounds 
necessary for the erection of piers and approaches to such bridges on 
each side of such streams, so far as may be necessary for the erec- 
tion, repair, and protection of such bridges and approaches. 

Acts 1904, §427. Bridges on navigable streams. The consent of the State 

is given to, and authority is hereby vested in, the ordinaries or 
boards of commissioners of roads and revenues in the several coun- 
ties in this State, to erect bridges across the navigable streams that 
lie wholly within the State, whenever in the judgment of such au- 
thorities the public interest may be subserved thereby, upon their 
compliance with the law of Congress requiring the approval of the 
Secretary of War and Chief of Engineers of the United States, as 
embodied in the statutes of the United States, passed by the Fifty- 
fifth Congress and approved the third day of March, 1899. 



ARTICLE 11. 

Intercounty Improvements. 

Acts 1906. §428. Intercounty improvements. The authority of the coun- 

§§647, C94. ties, or of any two or more counties, having in charge the es- 
tablishment, construction, improvement, and maintenance of county 
public works, shall be authorized and permitted, and shall have 
complete authority and power, to act jointly and co-operate in the 
establishment, construction, improvement and maintenance of a sys- 
tem of intercounty public roads traversing and connecting the ter- 
ritories of the counties co-operating, and shall have full power and 
authority to jointly establish, construct, improve, and maintain other 
intercounty public improvements upon such terms and conditions, 



329 . SIXTH TITLE.— CHAPTER 2, ARTICLE 12. §§429-432 



System of county drainage. 



and under such direction, control, and authority as shall be deter- 
mined by the authority of the counties so co-operating. 

§429. Joint chain-gang force. Any two or more of said coun-§ 697 (1) - (4) - 
ties shall be authorized and permitted to jointly create from 
the convicts of such counties so co-operating, who shall be sentenced 
for misdemeanors or felonies, or who shall be sentenced to be pun- 
ished as for misdemeanors or felonies, a working force or chain-gang, 
which working force or chain-gang so created shall be organized, 
governed, used, and put to labor under such rules and regulations 
and by and under such authority or authorities as such counties so 
co-operating shall jointly determine, and such working force or 
chain-gang so created, organized, and governed shall be used, put to 
labor, and worked for and in the establishment, construction, im- 
provement, and maintenance of a system of intercounty public roads 
which shall traverse and connect the territories of the counties so 
co-operating, and for and in the construction and improvement of 
other intercounty public works. 

§430. Public roads and improvements. All such intercounty §§ 629 - 64 °- 
public roads and highways and other intercounty public improve- 
ments which shall be jointly established and made public, shall 
be established and made public as county public thoroughfares are 
now established, created, and made public. 

§431. Expense prorated. The pro rata or proportionate , ex- 
pense of each of the counties so co-operating of the entire or total 
expenses of the establishment, construction, improvement, and main- 
tenance of such intercounty public roads, and other intercounty pub- 
lic improvements, and of the creation, organization, government, 
use, and maintenance of such working force or chain-gang, shall be 
jointly determined by the authorities of the several counties co- 
operating in such work, and shall be severally levied, assessed, taxed, 
raised and paid by the respective counties so co-operating, as such 
moneys for such purposes are now levied, assessed, taxed, raised 
and paid. 



ARTICLE 12. t^S^T: 

System of County Drainage. U^t^D 4/ ^ 

§432. (§375.) System of drainage may be established. Each Acts 1878-9, 
county is empowered, whenever the constituted authorities thereof §§3638,' 4796. 



§§433-437 SIXTH TITLE.— CHAPTER 2, ARTICLE 12. 130 

System of county drainage. 

shall judge the same to be proper, to establish and maintain a system 
of drainage of the lowland thereof; and for that purpose may acquire 
the right of way and other easements necessary for the construction 
of the canals, ditches, dams, drains, trunks, and other appurtenances 
incident to such a system. The right of way may be acquired from 
the landowners with their consent for the consideration of the bene- 
fits conferred on them by the drainage established. Whenever a 
county has already established a system of drainage, and for that 
purpose acquired easements and made constructions of the character 
herein specified, the action of such county, and grants of easements 
made to it, are valid. 

A P ct ii2. 893, §433. (§376.) Condemnation for drainage purposes by coast coun- 

§5235. ^ies. Whenever the right to construct public drains can not be ac- 

quired from the landowner by contract or grant, it shall be lawful for 
the coast counties of this State to construct such drains over any 
lands belonging to other persons, upon payment or tendering to the 
owner thereof, or to his legally authorized agent, just and adequate 
compensation for the right of way, which compensation, when not 
otherwise agreed on, shall be assessed and determined in the manner 
provided in this Code for condemning property. 

Acts^i909, §434. In certain counties. Authority is hereby given to any county 

having therein a city with a population of not less than fifty-four 
thousand nor more than seventy-five thousand inhabitants to lay 
out, establish, construct, maintain, control, regulate, re-open, repair, 
improve, widen, use, protect, and discontinue a system of drainage 
or any part thereof within said county and without the corporate 
limits of any such city. » 

§435. Former action confirmed. "Whatever action may have 
been heretofore taken by any such county toward the accomplish- 
ment of any of the purposes mentioned in the preceding section 
is hereby ratified and confirmed, and made valid as completely as if 
the same had been made and done under said section. 

§436. Right of way given. Such a county is hereby given 
the right of way for all drainage canals, public drains, or ditches now 
used for public drainage or sanitary purposes, or which may here- 
after be established hereunder outside of the corporate limits of 
such a city. 

§437. County vested with management. The control, manage- 
ment, and regulation of such drainage canals, public drains, or 



131 SIXTH TITLE.— CHAPTER 2, ARTICLE 12. §§438,439 

System of county drainage. 



ditches, and of the manner of connecting therewith are hereby fully 
and completely vested in the county commissioners of said county. 

§438. Landowners may be compelled to connect drainage. p ^JSo[ 3 ^. 

Such county commissioners are required to empower and com- 
pel landowners, whenever necessary for sanitation, to drain their 
lands and to connect such drainage with the drainage canals, public 
drains or ditches, and to likewise connect drainage ditches, already 
on said lands, and to keep all such drainage now existing, or which 
may hereafter be constructed, open on their lands and in good order 
and in general harmony with the general system of the drainage 
of the county. Upon the failure of any owner of land to comply 
with any order issued by the county commissioners of such a county 
for any of the purposes of this section for ten days after receiving 
a copy of such order, such commissioners are hereby authorized to 
have the necessary work done at the expense of such owner, and, 
after completion of such work, to bill the owner with the cost 
thereof, and if such bill is not paid within ten days after presenta- 
tion thereof, they shall issue their execution for the cost of such 
work against the owner of such lands, which shall be levied upon 
any property of such owner within said county, and said property 
shall be advertised and sold by virtue of such execution under the 
same rules and regulations as govern other judicial sales. Any 
owner failing to comply with any such order for ten days after 
such notice shall also be guilty of a misdemeanor. 

§439. Procedure to establish system. The procedure for lay-§§^°- 5235 - 
ing out, establishing, widening, and discontinuing, and for the 
acquisition of the necessary rights of way for such drainage canals, 
public drains, or ditches shall be the same as are now or may here- 
after be prescribed with reference to public roads, including the 
power of condemnation, which is hereby conferred, provided never- 
theless that where condemnation proceedings are instituted the 
county authorities may discontinue them and need not take the 
land sought nor pay the amount assessed, but may discontinue such 
proceedings at any stage upon payment of the cost of the proceed- 
ing up to the time of such discontinuance. 



§§440-443 SIXTH TITLE.— CHAPTER 3, ARTICLE 1. 132 



^ 



ffi 



County and municipal bonds and debts ; election on issue of bonds. 



CHAPTER 3. 

County and Municipal Bonds and Debts. 



4ffb ' ! ^ ARTICLE 1. 



Election on Issue of Bonds. 

Act 4 18789 §440. (§377.) Notice of election on issue of bonds. When any 

S||05, 6563, county, municipality, or division shall desire to incur any bonded 
6567, 463. 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 advertisements for 
the county are published, notifying the 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 divi- 
sion. 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. 

Act* 1878-9, §441. (§378.) Election, how held. Said election shall be held at 

p. 40. 

§464. 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 elec- 
tions 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. 

Acts 1878-9, §442. (§379.) Bonds may be issued, when. When said notice is 
§§6563, 6564, given and said election held in accordance with the preceding sec- 
tion, if the requisite two thirds of the voters of the county, munici- 
pality, 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. 

Acts 1878-9, §443. (§380.) Number of votes, how ascertained. In determining 
the question whether or not two thirds of the qualified voters in said 



133 SIXTH TITLE.— CHAPTER 3, ARTICLE 2. §§444-446 

Bonds, how validated. 

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 enumera- 
tion of the qualified voters thereof. 

§444. (§381.) Collection of bonds. The owners of said bonds, A p. ts 4 J; 878 " 5 
when due, may, if necessary, enforce the collection thereof by suit in 
the proper court. 



ARTICLE 2. 

Bonds, How Validated. 

§445. Bonds of counties and municipalities, how validated. Act | 2 1897, 
When any county, municipality, or division, desiring to incur any § |^ 63, 6564 - 
bonded debt, as prescribed in paragraphs 1 and 2, section 7, Arti- 
cle 7 of the Constitution, shall hold an election in accordance 
with the provisions of the Constitution and in accordance with the 
laws of the State, controlling and regulating such elections, and the 
returns of said election shall show prima facie that such election 
is in favor of the issuance of said bonds, the officer or officers of such 
county, municipality, or division, charged by law with the duty of 
declaring the result of the election, shall, within twenty days after so 
declaring the result of said election, notify the solicitor-general of the 
judicial circuit in which such county, municipality, or division shall 
lie, in writing, of the fact that an election for the issuance of bonds 
was held in such county, municipality, or divison, and that the elec- 
tion was in favor of the issuance of such bonds, and the service of 
said notice shall be personal upon the solicitor-general, and in the 
event he is absent from the circuit, then it shall be served in person 
upon the attorney-general of the State. 

§446. Duties of the attorney-general or solicitor-general. Within §§254 (3>, 
twenty days from the date of such service as is provided in the 385/456. 
preceding section, the solicitor-general or the attorney-general, 
as the case may be, shall prepare and file in the office of the clerk 
of the superior court of the county in which the election was held 
a petition, directed to the superior court of said county, in the name 
of the State of Georgia and against such county, municipality, or 
division, desiring to issue bonds under such election, setting forth 
the service of the notice, as provided in the preceding section, the 
name of the county, municipality or division seeking to issue said 



§§447-449 SIXTH TITLE.— CHAPTER 3, ARTICLE 2. 134 



Bonds, how validated. 



bonds, the amount of bonds to be issued, for what purpose to be 
issued, what interest they are to bear, how much principal and in- 
terest to be paid annually, when to be paid in full, and the further 
fact that an election was held for the issuance of said bonds, and 
that said election is prima facie in favor of the issuance of the bonds, 
and shall obtain from the judge of said court an order requiring 
the county, municipality, or division, by its proper officers, to show 
cause at such time and place, within twenty days from the filing of 
the petition, as the judge of the court may direct, why the bonds 
should not be confirmed and validated, which petition and order 
shall be served in the manner now provided by law for the service 
of petitions upon counties, municipalities, or divisions, and to such 
petition the officers of such county, municipality, or division shall 
make sworn answers within the time prescribed herein. 

H47. Trial of the case and bill of exceptions. Within the 



4850 (6), 4852. 

624e' 457 3 ' ti me prescribed in the order, the judge of said superior court shall 
proceed to hear and determine all of the questions of law and of 
fact in said cause, and shall render judgment thereon, and in the 
event his judgment shall be in favor of the issuance of the bonds, a 
judgment and order shall be entered to that effect, and any citizen 
of the State of Georgia, resident in such county, municipality, or 
division, so desiring to issue said bonds, may become a party to 
said proceedings, and if dissatisfied with the judgment of the court 
confirming and validating the issuance of the bonds, may except 
thereto within twenty days from the judgment, as in the case of 
injunctions, and upon the hearing in the Supreme Court such bill 
of exceptions shall be heard in accordance with the practice regu- 
lating the hearing of bills of exceptions in criminal cases. 

'IS 35 ' 582 °' §448. Judgment validating- forever conclusive. In the event 
no bill of exceptions is filed within the time prescribed herein, 
or, if filed, is affirmed by the Supreme Court, the judgment of the 
superior court, so confirming and validating the issuance of the 
bonds, shall be forever conclusive upon the validity of the bonds 
against the county, municipality, or division, and the validity of 
said bonds shall never be called in question in any court in this 
State. 



459 



H5798, 5799, §449. How the bonds shall be stamped. Bonds, when issued 
under the provisions of this Article, shall have stamped or writ- 
ten thereon, by the proper officers of such county, municipality, or 
division issuing the same, or their agents or servants, the words : 



135 SIXTH TITLE.— CHAPTER 3, ARTICLE 2. §§450-454 

Bonds, how validated. 

"Validated and confirmed by judgment of the superior court," 
specifying also the date when such judgment was rendered, and the 
court in which it was rendered, which shall be signed by the clerk 
of the superior court in which the judgment was rendered, which 
entry shall be original evidence of the fact of such judgment and 
shall be received as original evidence in any court in this State. 

§450. Clerk shall give notice of the hearing. Prior to the^ 92 (n " 
hearing of said cause, the clerk of the superior court of the county 
in which it is to be heard shall publish in a newspaper, at least 
twice before the hearing, a notice to the public that on the day 
specified in the order providing for the hearing of said cause the 
same will be heard. 

§451. Costs and fee, by whom paid. The costs of said case§§ 328 - 46 °- 461 
shall be paid in any event by the county, municipality, or di- 
vision designing to issue said bonds, and in addition to costs it shall 
also pay the solicitor-general the sum of twenty-five dollars for his 
entire services in such cause. 

§452. Bonds issued under previous elections. Where any county, 
municipality, or division has already submitted to the qualified 
voters of such county, municipality, or division the question of 
incurring any bonded indebtedness at an election called for that 
purpose, and such election has already been declared to have re- 
sulted in favor of the issuance of such bonds, and said bonds have 
not been issued or disposed of, then such county, municipality, or 
division may proceed to issue such bonds, and no court in this 
State shall have power to inquire into the validity of said bonds by 
any proceeding at law or in equity which may be brought, unless 
the same is interposed within thirty days from December 6th, 1897. 

§453. Validation of certain other bonds. The holder of any Acts 1908 

p. T2. 

outstanding bond, or bonds, of any county or municipality in this 
State, issued subsequently to the adoption of the Constitution of 
1877, and the validating of which is not provided for by the fore- 
going sections of this Chapter, providing for validating bonds of 
counties and municipalities, shall have the right to have the same 
validated in the manner hereinafter provided. 

§454. Holder must give bond. The holder of any bond or 
bonds described in the preceding section, desiring to have the 
same validated, shall first enter into an obligation with sufficient 
security to indemnify the county or municipality issuing the bond 
or bonds desired to be validated, against all court costs, and other 



§§455,456 SIXTH TITLE.— CHAPTER 3, ARTICLE 2. 136 

Bonds, how validated. 

expenses incident to said validating proceedings, the sufficiency of 
the surety on such obligation to be approved by the executive officer 
or officers of such county or municipality. 

§455. Petition by holder. The holder of any such bond, or 
bonds, as are described in the two preceding sections, having given 
indemnity against cost, as hereinbefore provided, may present to 
the solicitor-general of the circuit in which the county or munici- 
pality having issued such bond, or bonds, is located, or to the attor- 
ney-general of the State of Georgia in the event the solicitor-general^ 
is absent from said circuit, a petition setting forth a description 
of the bond, or bonds, sought to be validated, stating the date of 
issue, rate of interest, number and denomination of all bonds issued, 
time and place for payment of principal and interest, with a full 
copy of all resolutions and other proceedings authorizing the issue 
of said bonds, and any and all other facts showing the authority 
of said county or municipality to issue such bonds, and the purpose 
for which issued. 

§§254 (3), 4928 §456. Petition by solicitor-general or attorney-general. Within 

(5), 385, 446. .. „ ' _ .. . . . . ; . . . • -i i 

twenty days from the date on which such petition as is provided 
in the preceding section is presented to the solicitor-general, or 
to the attorney-general of the State of Georgia, as the case 
may be, such officer shall prepare and file in the office of the clerk 
of the superior court of the county issuing said bonds, or in the 
county -in which the municipality issuing such bonds is located, a 
petition directed to the superior court of said county, in the name 
of the State of Georgia, and against such county or municipality 
issuing the bonds sought to be validated, setting forth all the facts 
stated in the petition presented to him, as provided in the preceding 
section, the name of the county or municipality issuing said bonds, 
the amount of bonds issued, for what purpose issued, a full descrip- 
tion of the bonds, and the authority under which they were issued, 
and the number of outstanding bonds, and shall obtain from the 
judge of the superior court of said county an order requiring said 
county or municipality by the proper officer, or officers, to show 
cause, at such time and place within twenty days from the filing of 
said petition, as the judge of said court may direct, why said bonds 
described in said petition should not be confirmed and validated; 
which said petition and order shall be served in the manner now 
provided by law for the service of petitions upon counties or munici- 
palities, and to such petition the officer, or officers, of said county or 



J 37 SIXTH TITLE.— CHAPTER 3, ARTICLE 2. §§457-461 

Bonds, how validated. 

municipality shall make sworn answer within the time prescribed 
herein. 

§457. Appeal to Supreme Court. Within the time prescribed s^ 8 'J* h 4SS2 
in said order, or such further time as he may fix, the judge [>422, 6153, 

•/ «j o 6246, 447. 

of said superior court shall proceed to hear and determine all of 
the questions of law and fact in said cause, and shall render judg- 
ment thereon, and in the event his judgment shall be in favor 
of the validating of said bonds, a judgment and order shall be en- 
tered to that effect, and any citizen of the State of Georgia, resident 
in such county or municipality which issued said bonds sought to 
be validated, may become a party to said proceedings, and any 
party thereto dissatisfied with the judgment of said court confirming 
and validating said bonds, or refusing to confirm and validate said 
bonds, may except thereto within twenty days from the date of said 
judgment as in the case of injunctions, and upon the hearing in the 
Supreme Court such bill of exceptions shall be heard in accordance 
with the practice regulating the hearing of bills of exceptions in 
criminal cases. 

§458. When judgment becomes conclusive. In the event no §§4333, 5820, 

448. 

bill of exceptions is filed within the time prescribed herein, or, 
if filed, judgment is affirmed by the Supreme Court, the judgment 
of said superior court so confirming and validating said bonds shall 
be forever conclusive upon the validity of said bonds against the 
said county or municipality, and the validity of said bonds shall 
never be called in question by any court in this State. 

§459. Proof of validation and notice. The provisions of sec- §§449, 450. 
tions 449 and 450 providing for validating the bonds of coun- 
ties and municipalities in reference to proof of validation and notice 
of proceeding to validate, are hereby made applicable in all pro- 
ceedings to validate bonds under the six preceding sections. 

§460. Costs and fees. All the costs of said proceedings shall§§328, 451. 46i. 
be paid by the holder, or holders, requesting the validation of 
such bonds, and presenting the petition to the solicitor-general, or 
the attorney-general, and in addition to said cost, said holder, or 
holders, of said bonds shall pay to the solicitor-general the sum of 
twenty-five dollars for his entire services in such cause. 

§461. Bonds for refunding or paying off prior issue. Any §15254 (3), 4926 
county or municipality desiring to validate any issue of bonds pro- 
posed to be issued for the purpose of refunding or paying off and 
discharging a prior issue of bonds issued by such county or munici- 



§§462,463 SIXTH TITLE.— CHAPTER 3, ARTICLE 3. 138 

Debts other than a bonded debt. 

pality, between the adoption of the Constitution of 1877, and the 
passage of the Act approved December 6th, 1897, may have the 
same validated before issuing in the manner hereinbefore provided, 
by presenting a petition to the solicitor-general of the circuit in 
which said county or municipality is located, or to the attorney- 
general of the State of Georgia when the solicitor-general is absent 
from his circuit, setting forth a full description of the bonds to be 
issued, as well as the bonds to be paid off by such refunding issue, 
with a full copy of the resolution and all proceedings authorizing 
the original issue of said bonds sought to be paid off by the refund- 
ing issue, also resolutions and proceedings authorizing the refunding 
issue of bonds. Such petition being presented to the solicitor-gen- 
eral, or the attorney-general, as the case may be, it shall be the 
duty of such officer to bring proceedings for the validation of such 
issue of refunding bonds in the manner hereinbefore provided, save 
and except that in such cases the county or municipality seeking the 
IS328, 451, 460. validation of such bonds shall pay all court costs, and the fee of 
$25.00 to the solicitor-general. But no bonds shall be allowed 
validated hereunder that have been issued for a bonded debt, 
created since the Constitution of 1877. 

*3766. §462. Investment for trust funds. All bonds validated under 

the provisions of sections 453 to 461 shall have the same legal status, 
so far as being accepted as investments for trust funds, as is pro- 
vided with reference to validated bonds in section 3765. 



U 



ARTICLE 3. 




1 Debts Other Than a Bonded Debt. 

Act» 1804, &463. Debts other than a bonded debt. When any county, 

d 85 

s§6563, 440. municipality, or division shall desire to incur any debt, within the 
purview and meaning of paragraph 1, section 7, Article 7 of the 
Constitution of 1877, other than a bonded debt, the election re- 
quired 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 
sheriff's advertisements for the county are published, notifying the 
qualified voters that on the day named an election will be held to 
determine the question whether the debt desired or proposed to be 
incurred shall be incurred by the county, municipality, or division. 



139 SIXTH TITLE.— CHAPTER 4. §§464-468 

Change of county lines. 

Said notice shall specify the amount of the debt to be incurred, for 
what purposes it shall be incurred, what amount of the debt is to 
be paid annually, or at shorter periods, the terms of the contract 
under which the debt is to be incurred, and the language of the 
ballots to be used in the election for or against incurring the debt. 

§464. Election, how held. Said election shall be held at all A p c ^ m8 " 9, 
the voting or election precincts within the limits of the county, §fiib, P 94^ 5 44i- 
municipality, or division, and shall be held by the same persons, and 
in the same manner, under the same rules and regulations that elec- 
tions 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. 

§465. When debt may be incurre'd. When said notice is given§§ 6563 > 442 - 
and the election held in accordance with the preceding section, 
if the requisite two thirds of the voters of the county, munici- 
pality, or division at said election vote for incurring the debt, then 
the authority to incur the debt in accordance with paragraph 1, 
section 7,Article 7, of the Constitution is hereby given to the proper 
officers of said county, municipality, or division. 

§466. Number of votes, how ascertained. In determining theH43. 
question whether or not two thirds of the qualified voters in said 
county, municipality, or division voted in favor of incurring the 
debt, the same rules shall govern as govern in determining the like 
question in reference to the issuing of bonds by counties, munici- 
palities, or divisions. 

§467. Annual sinking fund. Any county, municipality, or divi-Acts 1904. 
sion of this State, which shall incur an indebtedness under the pro- §6564.' r 
visions of this Chapter, shall at or before so doing, or annually / 
thereafter, provide, without incurring further debt thereby, an / G?f / 
annual sum sufficient in amount to pay the principal and interest 
of said debt within thirty years from the date of the incurring 
of the indebtedness. 






CHAPTER 4. 

Change of County Lines. 

§468. (§382.) Change of county lines. "Whenever a citizen or any Acts isso-i, 
number of citizens of any county shall desire to have the boundary §6596. 



§469 SIXTH TITLE.— CHAPTER 4. 140 

Change of county lines. 

'/) a line of the county of his or their residence changed, they shall file 

< dl Clc-rtTrr-' r*1bd*7i*T* .' in the office of the ordinaries of the counties to be affected, at least 

' /~ v??" - v7 if) /^3 ninety days before the first day of the next term of the superior 

^" / court of the counties whose boundaries are to be affected, a petition 

in writing, setting forth the exact character of the change to be 
made, specifying particularly the situation, direction, and existing 
marks and monuments, if any, of the original line, and describing 
particularly the direction, location, and length of the proposed new 
line, and setting forth the reasons for such change. The person or 
persons applying for such change shall also give notice of the in- 
tention to apply for such change, by publishing the same for at least 
thirty days next preceding the terms of the superior court to be held 
in the counties to be affected, which terms shall be those occurring 
next after the filing of the petition with the ordinaries, by publishing 
such notice in a public gazette having general circulation in each of 
the counties to be affected by the change, and by posting at the door 
of the court-house in each of such counties, and at three public 
places in every militia district adjacent to the line to be changed, a 
like notice of the intention to apply for such change, and such post- 
ing shall be for a period at least of thirty days next preceding the 
terms of the superior court to be held in the counties next after the 
posting of the notice aforesaid. 

^52? ra. 1, § 469 - (§ 383 -) Change, how effected. It shall be the duty of the 
ordinaries of the counties whose dividing line is sought to be 
changed, to lay before the grand juries of their respective counties, 
on the first day of the term of the superior courts to be held next 
after the publication of the notice and the filing of the petition pro- 
vided for in the preceding section, the original petition, together 
with all maps, plats, and other papers that may have been filed there- 
with, and if such grand juries shall, by a two-thirds vote of their 
respective bodies, approve the change applied for, they shall so 
declare in their general presentments, and this action of the grand 
juries shall be certified at once by the clerks of such superior courts 
to the ordinaries, board of commissioners of roads and revenues, or 
other officer having the control of county business in the counties 
to be affected, who shall, within thirty days from the date of such 
certification, approve or disapprove the application, and certify 
their action to the ordinaries of their respective counties. When 
said ordinaries shall have satisfactory evidence of the concurrent 
approval of the grand juries, and of the officer or officers charged 
with the control of county business in the counties to be affected, 






141 SIXTH TITLE.— CHAPTER 5. §§470-474 



Settling disputed county lines and denning certain lines. 



they shall cause to be published for at least thirty days, in a public 
gazette having general circulation in their respective counties, an 
official notice of such concurrent approval and a description of the 
line approved. 

§470. (§384.) Change effected, when. "When all the proceedings A p c . ts 53 ^ 8() " 1 - 
shall have been had in the manner prescribed in the preceding sec- 
tions, and when the same shall have been fairly recorded by said or- 
dinaries on the minutes of their respective courts, the new line or 
lines shall be held to have been established in lieu of the original 
line or lines. 

§471. (§385.) Costs to be paid by applicant. The entire costs of ^r,?* 80 " 1, 
advertising and recording the petition, descriptions, and all other 
papers and proceedings relating to the proposed change, shall be 
paid by the person or persons applying therefor. 



CHAPTER 5. 

Settling Disputed County Lines and Denning Certain Lines. 

§472. (§386.) Proceedings to settle dispute as to county lines, ^^g 887 - 
Wherever the boundary line between two or more counties in this §§ 32 - 48 °- 
State shall be in dispute, and the grand jury of either county shall 
present that the same requires to be marked out and defined, it shall 
be the duty of the clerk of the superior court in the county where 
such presentments were made to certify such presentments to the 
Governor, and the Governor shall appoint some suitable and com- 
petent surveyor who shall not reside in either county, to survey, 
mark out, and define the boundary line in dispute, and return such 
survey with plat to the secretary of State's office to be recorded in 
a book to be kept for that purpose. 

§473. Surveyor to furnish copies of survey and plat. The A p cts 24 1899, 
surveyor appointed by the Governor to survey, mark out, and define 
the boundary line in dispute shall furnish the ordinaries or chair- 
men of the board of county commissioners of the respective counties 1480 ' 
with a copy of the survey and plat made and returned by him to 
the secretary of State, and at the same time that such survey and 
plat is made and returned to the secretary of State. 

§474. Survey with plat filed, but not to be recorded. The |481 - 

survey with plat, made and returned to the secretary of State. 
shall be filed, but not recorded for the space of thirty days from the 



§§475-480 SIXTH TITLE.— CHAPTER 5. 142 

Settling disputed county lines and denning certain lines. 

date of its reception in his office, and the entry of filing made 
thereon, for the purpose of allowing the authorities of either county 
dissatisfied therewith to file a protest or exceptions thereto within 
that time. 

§§2i4, 482. §475. Secretary of State, duties of. In case such protest 

or exceptions is filed in the secretary of State's office within the 
thirty days, it shall be the duty of the secretary of State to give 
ten days ' written notice through the mail to the ordinaries or chair- 
men of the board of county commissioners of the respective counties, 
of the time when he will hear the same at his office, and upon hear- 
ing the contest he shall determine from the law and evidence the 
true boundary line in dispute between the respective counties. 

8483 - §476. Survey and plat, when recorded. Upon such decision 

being made by the secretary of State, or in case no protest or 
exceptions are filed within the thirty days aforesaid, he shall cause 
the survey and plat to be recorded in a book to be kept for that 
purpose, whereupon the same shall be final and conclusive as to 
the boundary line in dispute. 

Acts i887 f §477. (§388.) Compensation of surveyor. The surveyor shall re- 

§485. ceive as compensation the sum of ten dollars per day while actually 

engaged in making the survey ; he shall not be allowed more than 
five dollars per day for the paying of chain-carriers, flag-bearers, 
and other laborers necessary to clearly mark out and define such 
line. 

Acts 1887, §478. (§389.) Paid by each county. The fees and expenses al- 

8485. lowed in the preceding section shall be divided equally and charge- 

able to the counties interested in the establishment of such line, 
upon the affidavit of the surveyor. 

Acts 1887. §479. (§390.) Notice of survey. Before the surveyor shall pro- 

§484. " ceed to make the survey, he shall by mail or personally give the 

authorities having charge of the revenues of the counties at least 

ten days' notice of the time and place intended to commence the 

survey. 

Acts loos, §480. Denning line between certain counties. Whenever two 

§§472.' 473. counties of this State, the population of one of which, by the 
last preceding census of the United States, exceeds eight thousand 
seven hundred and is less than eight thousand seven hundred and 
twenty, and the population of the other of which, by said census, 
exceeds eleven thousand four hundred and thirty, and is less than 






143 SIXTH TITLE.— CHAPTER 5. §§481-485 

Settling disputed county lines and defining certain lines. 

eleven thousand four hundred and fifty, border upon each other, 
the Governor shall, any prior marking out or defining of the bound- 
ary line to the contrary notwithstanding, appoint some suitable and 
competent surveyor, who shall not reside in either county, to sur- 
vey, mark out, define, and re-establish the boundary line between 
said two such counties, and return such survey with plat to the 
sec-retary of State's office; said surveyor shall also furnish the 
ordinaries or chairmen of the board of county commissioners of 
each of said counties with a copy of said survey and plat, at the 
same time that he returns the originals to the office of the secretary 
of State. 

§481. Plat not recorded for thirty days. The survey with plat §474. 
made and returned to the secretary of State's office shall be filed, 
but not recorded for the space of thirty days from the date of its 
reception in his office and the entry of filing made thereon, for the 
purpose of allowing the authorities of either county dissatisfied 
therewith to file a protest or exceptions thereto within said time. 

§482. When secretary of State determines dispute. In case^ 214 - 475 
such protest or exceptions are filed in said secretary of State's 
office within the thirty days aforesaid, said secretary of State shall 
give ten days' written notice, through the mail, to the ordinaries or 
chairmen of the board of county commissioners of the respective 
counties of the time when he will hear the same at his office, and, 
upon hearing said contest said secretary of State shall determine 
from the law and evidence the true boundary line in dispute be- 
tween the respective counties. 

§483. Survey and plat, when to be recorded. Upon such de-H76. 
cision being made by the secretary of State, or in case no protest 
or exceptions are filed within the thirty days aforesaid, he shall 
cause the survey and plat as returned, or his determination in re- 
gard thereto, as the case may he, to be then recorded in a book to 
be kept for trial purpose, whereupon the same shall be final and 
conclusive as to said boundary line. 

§484. Surveyor shall give notice before he proceeds. Said §479. 
surveyor shall, before he proceeds to make the survey, by mail 
or personally, give the authorities having charge of the revenues 
of the counties at least ten days' notice of the time and place in- 
tended to commence the survey. 

§485. Compensation and expenses. The surveyor shall re- §§477, 478. 
ceive as compensation the sum of ten dollars per day while actu- 



§§486-489 SIXTH TITLE.— CHAPTER 6. 144 



Change of county-sites; courts, where held; offices, where kept. 



ally engaged in making the survey. He shall be allowed not ex- 
ceeding five dollars per day for the paying of chain-carriers, flag- 
bearers, and other laborers necessary to clearly mark out and define 
or re-establish such line, and said compensation and expenses shall 
be divided equally and chargeable to the counties between which 
said line is drawn. 



CHAPTER 6. 
Change of County-Sites; Courts, Where Held; Offices, Where Kept. 



Act^lSTS-g. §486 _ (§3 Q 

1887, h. 39— -fi-P+1-.e, ^-P -fa* 



last mad( 



last made out) of any county in this State shall petition the ordi- 
[Oc£<> /', nary 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 thereafter, 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 ; all persons qualified to vote for members of the General 
Assembly are qualified to vote at said election : Provided, that 
elections under this section shall not occur oftener than once in 
five years. 

A p Cts 44 18T8 " 9 ' §487. (§392.) Election, how conducted. Said election shall be 
held and conducted, and returns made thereof, as is provided by law 
for members of the General Assembly. 

Acts 1878-9, §488. (§393.) Indorsement on ballots. At said election all voters 

p. 44. s v * J 

in favor of removal, and to what place, shall indorse on their ballots 

"For removal," and those who are opposed to removal shall indorse 
on their ballots "Against removal," and if 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 legisla- 
tion. 

Acts 4 i878-9, §489. (§394.) Evidence of election. The certificate of the sec- 
retary 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) voted at said election in favor of "removal," shall be suffi- 



145 SIXTH TITLE.— CHAPTER 6. §§490-494 



Change of county-sites ; courts, where held ; offices, where kept. 



cient evidence of the holding of said election and the number of 
votes east. 

§490. The election may be contested. The election for the re- A p cts g7 1897 - 
moval of the county-site of any county may be contested, and the* 121 - 
following shall be the proceedings in such contest. 

§491. Who may commence or defend a contest. Not less 
than seven freeholders voting at such election shall commence a con- 
test, and any person voting at such election may defend such contest. 

§492. Notice of intention to contest. The contestants shall 
give written notice to the secretary of State of an intention to 
contest, and upon receipt of such notice said secretary shall with- 
hold certifying the result of the election until the contest is decided, 
or until the time hereinafter prescribed shall have elapsed without 
the filing of such contest. In all cases the secretary shall withhold 
his certificate of the results of the election ten days after the elec- 
tion shall have been held. 

§493. Notice, its contents and how served. No contest shall 
be had unless the same be instituted by posting a written no- 
tice at the court-house door and serving the ordinary personally, or 
by leaving such notice at his most notorious place of abode, within 
five days after the day upon which the election is held, which notice 
must be signed by such contestants in person or by their attorney 
at law; but no proceedings to take testimony, as hereinafter pro- 
vided, shall begin until at least five days after the posting of such 
notice, and the notice shall state the grounds of contest, the time 
and place where the contestants intend to take testimony, and the 
judicial officer before whom the testimony will be taken ; provided, 
that for providential cause or other sufficient reason any other 
judicial officer than that named in the notice, qualified to act, may 
preside at the taking of such testimony, the cause of such change 
being made to appear by affidavit of one of the contestants, and to 
be made a part of the record of said case. The notice may be served 
upon the ordinary by the sheriff, his deputy, or a constable of the 
county where the contest is pending. 

§494. What officer may preside and his powers. Any judi-§m (3). 
cial officer of the county where the testimony is taken may pre- 
side and preserve order, swear witnesses, and see that the testi- 
mony is fairly and impartially taken and reduced to writing. Said 
officer shall have the power to subpoena witnesses and compel their 
attendance if in this State, issue subpoenas duces tecum, and compel 



§§495-500 SIXTH TITLE.— CHAPTER 6. 146 

Change of county-sites ; courts, where held ; offices, where kept. 

the production of books and papers ; to issue commission to take 
testimony ; to punish persons for contempt by fine or imprisonment, 
and to adjourn from day to day. 

§495. Any citizen may appear and resist. Any citizen of 
the county in which the election was held, who voted in said 
election, shall have the right to appear and resist the proceedings 
to contest : Provided, that where more than one person appears and 
resists such contest, they shall act jointly and not severally in 
making defense to said contest. 

§496. Practice on the trial. Either party may appear in per- 
son or by attorney, or both, and examine and cross-examine wit- 
nesses and have certified all legal exceptions to the admissibility of 
testimony submitted by the opposite party, which exceptions shall 
be passed upon by the court finally determining the contest. 

§497. Time for taking testimony. All testimony submitted on 
the part of the contestants shall be taken within forty days from 
the day of the election contested. The contestees, or those resisting 
the proceedings to contest, shall be allowed fifteen days after the 
closing of contestants' testimony to submit and take testimony in 
rebuttal, or on cross-grounds. The contestants shall have five days 
after the close of the contestees' evidence to introduce evidence in 
rebuttal. 

§498. Cross-grounds of contest may be filed. The contestee, or 
person resisting contest proceedings, may file cross-grounds of con- 
test, in which case he shall give like notice as is required to be given 
by the contestant, and the testimony on such cross-grounds of con- 
test shall be taken after the close of contestants' testimony, nnd 
within fifteen days thereafter, upon same notice and in the same 
manner as is herein prescribed for the taking of testimony for the 
contestants, and certified by the presiding officer as such. 

if 122. 32 (i2). §499. How suspected ballots may be examined. Section 122, 
specifying the method of obtaining and examining suspected bal- 
lots, is applicable to contests arising under and by virtue of this 
Chapter. 

§500. Costs and fees. The fee for serving the notice of con- 
test shall be $2.00 to be paid by the contestant. The judicial 
officer presiding shall be allowed $2.00 per day for his services, and 
the clerk who takes down the testimony $2.00 per day for his serv- 



147 SIXTH TITLE.— CHAPTER 6. §§501-503 

Change of county-sites ; courts, where held ; offices, where kept. 

ices, which, with the cost of service of notice and subpoenas herein 
provided for, may be enforced and collected by execution issued 
by the judicial officer presiding in said contest against the party 
at whose instance the testimony is taken or subpoenas issued. 

§501. Subsequent proceedings. All papers and proceedings, 8210 
or copies of them, duly certified by the presiding officer, must 
be transmitted, within ten days after the 'closing of the testimony 
so taken, to the secretary of State, who shall hear and determine the 
same, after giving reasonable notice to contestants and contest ees, 
or parties resisting such contest, or their counsel, of the time 
and place of hearing, and he shall enter upon his finding in writing 
and consider said contest proceedings and his judgment thereon 
in connection with the returns of said election, and certify by writ- 
ten certificate the number of legal votes properly and legally cast at 
said election for removal, and to what place, and the number of 
legal votes properly and legally cast against removal. The secre- 
tary of State shall keep on file and preserve all the papers in such 
contested cases, and transmit the same to the General Assembly 
when required. 

$502. Courts, where to be held. Whenever a county-site shall Acts 1905 

s ' J . p. 104. 

be removed as provided by law, all the courts of this State i§ 4839 - 4891 

* J ' (1), 4789 

which are required by law to be held at the county-sites of their 
respective counties, by proper orders made by the judges thereof, 
either at chambers or in regular session, which order shall be en- 
tered on the minutes of such court, shall be held in the old build- 
ings at the former county-site until the new buildings at the county- 
site are ready for occupancy, and all the proceedings of any of such 
courts, so held, shall be legal. 

§503. Offices, where to be kept. The authorities having charge hoi. 
of county affairs in any county affected as mentioned in the 
preceding section, shall provide by an order entered on their 
minutes that the county officers of such county shall have and keep 
their offices in such buildings at either the old or new county-site 
as, in the judgment of such county authorities, may be best until 
the new buildings are ready for occupancy. 



§§504-508 SIXTH TITLE.— CHAPTER 7, ART. 1, SECS. 1, 2. 148 

Count}' revenue ; from taxation ; special and extra tax ; tax for county purposes generally ; how levied. 

CHAPTER 7. 
County Revenue. 



ARTICLE 1. 
From Taxation. 

SECTION 1. 

Special and Extra Tax. 

I SS 6, 5S 1 834 §504. (§395.) Extra tax, how levied. The ordinaries of the sev- 
eral counties have the power to levy an extra tax sufficient to carry 
into effect sections 399 and 400, without a recommendation by the 
grand jury, whenever the necessities arise. 

§ !^2o'^ , - 1 o $505. (§396.) On failure to levy an extra tax. If such ordinaries 

1163, 524, ol2. J s ° ' u 

fail to comply with the requirement of said sections, or to levy the 
tax, or levy an exorbitant tax, or levy one when unnecessary, their 
conduct may be reviewed by the judge of the superior court, by 
mandamus or injunction, as the nature of the case may require, at 
the instance of any taxpayer of the county. 

A p ct 49 18801 ' §506. (§ 397 -) Tax for support of paupers. The county authori- 
se*' 544 (7) '^ es wno are charged with the control of the finances of their county 
are authorized to levy a tax for the support of the paupers of their 
county, which shall not exceed twenty-five per cent, upon the 
amount of the State tax for the year such pauper tax is levied. 

§507. (§398.) Tax not sufficient. When debts ha^feaccumulated 
against the county, so that one hundre^iKr cent, on the State tax, 
or the amount specially allowed by locW law, cannot pay the cur- 
rent expenses of the county and the debt in one year, they shall be 
paid off as rapidly as possible, at least twenty-five per cent, every 
vear. 



SECTION 2. 

Tax for County Purposes Generally; How Levied. 

A cobb 82 i84 §508. (§399.) Tax for county purposes. The ordinaries have 

§§4796, 6502. p 0wer to raise a tax for county purposes, over and above the tax 



149 SIXTH TITLE.— CHAPTER 7, AST. 1, SEC. 3. §§509-513 

Purposes for which county tax may be assessed. 

they are hereinbefore empowered to levy, and not to exceed fifty per 
cent., upon the amount of the State tax for the year it is levied: 
Provided, two thirds of the grand jury, at the first or spring term 
of their respective counties, recommend such tax. 

§509. (§400.) Duty of ordinary. It is the duty of such ordinaries 
to see that by the time of the organization of such grand jury they 
shall have prepared by their county treasurer, under their supervi- 
sion, a statement of the financial condition of the county, and the 
amount of tax required to discharge the county liabilities for that 
year, which shall be by the treasurer presented to the foreman of 
the grand jury on the first day of court, for inspection by that body. 

§510. (§401.) Failure of grand jury to recommend. If from any Acts isso-i, 
cause such grand jury is not impaneled, or they adjourn without 
taking any action thereon, or they refuse to make such recommenda- 
tion sufficient to discharge any judgment that may have been ob- 
tained against the county, or any debt for the payment whereof 
there is a mandamus, or the necessary current expenses of the year, 
such ordinaries may levy the necessary tax without such recom- 
mendation. And in all cases when the spring term of the superior 
court of any county in this State be adjourned before the grand jury 
shall have made their general presentments, the officer whose duty 
it may be to levy a county tax shall levy the same to the full, extent 
and for any purpose that a recommendation of such grand jury 
would have authorized : Provided, such tax shall not exceed the 
levy last recommended by a grand jury for such county. 

§511. (§402.) Where there are several grand juries. Where there 
are several grand juries impaneled during such term, the recom- 
mendation of either panel shall be sufficient authority ; but if there 
are counter-presentments on the subject, it shall be as though there 
had been an entire failur^to report thereon. 

§512. ' (§403.) County creditors and taxpayers. The right of a§ 505 - 
creditor of a county to compel such tax levied, or of a taxpayer 
to resist it, is the same as set forth in section 505, touching tax for 
building. 



SECTION 3. 
Purposes for Which County Tax May Be Assessed. 

§513. (§404.) Objects of county tax. County taxes shall be as- §§4796, 504, 

-,„,„,,. 6562, 834. 

sessed tor the following purposes : 



§§514-517 SIXTH TITLE.— CHAPTER 7, ART. 1, SEC. 4. 150 



Assessment and collection of taxes. 



H444, 384, 834. ^ rp Q ^ a y ^ ie j e gal indebtedness of the county due, or to become 
due during the year, or past due. 

2. To build or repair court-houses or jails, bridges or ferries, or 
other public improvements, according to the contract. 

3. To pay sheriffs', jailers', or other officers' fees that they may 
be legally entitled to, out of the county. 

4. To pay coroners all fees that may be due them by the county 
for holding inquests. 

5. To pay the expenses of the county, for bailiffs at courts, non- 
resident witnesses in criminal cases, fuel, servant hire, stationery, 
and the like. 

6. To pay jurors a per diem compensation. 

I§5i6. 544, 506. 7 rp p R ^ ex p enseg incurred in supporting the poor of the county, 
and as otherwise prescribed by this Code. 

8. To pay charges for educational purposes, to be levied only in 
strict compliance with the law. 

9. To pay any other lawful charge against the county. 



SECTION 4. 

Assessment and Collection of Taxes. 

Act 6o 1862 ' 3 ' §514. (§405.) Order must specify. As soon as the county tax is 
$§4796, 834. assessed for the year, it shall be done by order of such ordinaries 
and entered on their minutes, which must specify the per cent, lev- 
ied for each specific purpose. The assessment applies to every spe- 
cies of value or specifics which is taxed by the State. 

§515. (§406.) Order to be advertised. The ordinaries must adver- 
tise immediately a copy of such order for thirty days at the door of 
the court-house and in a public gazette, if one is published within 
the limits of their respective counties, and furnish the tax-collector 
with another copy. 

§§410, 22,3 (8), $516. ($407.) Taxes for specified purposes. Taxes raised for edu- 

506, 513 (7), . , , „ r , ,1 -r> 

544. cational purposes, or the support of the poor, or any other specific 

purpose, must be used for such purpose, respectively, and none 
other. 

§ii5i §517. (§408.) How collected and paid out. All taxes levied for 

county purposes must be assessed upon the tax-receiver's books for 
each year, and collected by the tax-collector, who shall pay the same 
to the county treasurer. 



151 SIXTH TITLE.— CHAPTER 7, ART. 1, SEC. 4. §§518-525 

Assessment and collection of taxes. 



§518. (§409.) Jury certificates to be received. It shall be the duty §584 - 
of the tax-collector to receive jury certificates when properly au- 
thenticated, as far as they will go toward paying the county tax of 
the person holding the same, for all taxes due by the taxpayers of 
this State to their respective counties. 

§519. (§410.) Collector's fees. The tax-collectors shall be al- 
lowed the same commissions and fees for such collections as they 
are allowed by law for the collection of the State tax, and are liable 
to the same fines and forfeitures for any default or improper con- 
duct. 

§520. (§411.) Commissions, how assessed. The ordinaries, in al-Acts i86i, 

v ° ' ' ' p. 81. 

lowing collectors their commissions for collecting the taxes levied §§1234, 1014, 

... . 1203 - 

by their respective counties, are authorized and required to aggre- 
gate the taxes for the various purposes levied, and to allow com- 
missions on the whole amount, in accordance with the schedule from 
which the comptroller-general is authorized to allow commissions to 
collectors for collecting the State tax. 

§521. (§412.) Payment, how enforced. Any other remedy or right Act 1790, 
allowed by law for the enforcement of the collection and payment Act isis, 
of the State taxes, either by the comptroller-general or tax-collector, Act lbs, 
may be used for the county taxes by the ordinaries. §§1151-1168,' 

1132-1136. 

§522. (§413.) Fi. fa. against persons holding county money. §§525, 585. 
Such ordinaries shall also have authority to compel all persons, their 
heirs, executors or administrators, who have or may have in their 
hands any county money, collected for any county purpose what- 
ever, to pay over the same. 

§523. (§414.) On failure to pay. On failure to pay the same, such ^"^ 
ordinaries shall issue executions against such persons and their se- §|^, sss, 

238 (6) . 

curities, if any, for the full amount appearing to be due, as the 
comptroller-general issues executions against defaulting tax-collec- 
tors. 

§524. (§415.) Illegality. If such execution shall issue for too miss, 505, 
much, or if defendant denies on oath owing any part thereof, he 
may, by filing an affidavit of illegality, according to the rules gov- 
erning other illegalities, cause an issue to be formed thereon, which 
shall be tried by a special jury at the first term of the superior 
court thereafter. 

§525. (§416.) Persons borrowing county money. The provisions §§522, 527, 535. 
of the foregoing sections are applicable to all persons and their 



§§526-528 SIXTH TITLE.— CHAPTER 7, ART. 1, SEC. 5. 152 

Proceedings against defaulting tax-collectors and treasurers. 

sureties who may borrow, or pretendedly borrow, any county money 
from any person having custody thereof, and shall be in all respects 
held as holders of county funds. 

A cobb 84 io77 §526. (§417.) County tax may be remitted. In all cases where 
? i62° 71111 ' persons have been overtaxed, or for any other cause taxes are 
claimed to be remitted, refunded, or in any manner claimed against, 
the ordinaries shall be authorized to hear and determine such appli- 
cation to the extent of the interest of the county therein. 



SECTION 5. 
Proceedings Against Defaulting Tax- Collectors and Treasurers. 
Acts 1882-3. §527. (§418.) Tax-collectors and treasurers to make account of 

p. 82. . . 

81521-525, nsi actings. The officers in the several counties who by law are author- 

1168, 1132- 

1136, 4796 (7),i Z ed to bring defaulting tax-collectors and treasurers to a settle- 

416-418, 576 ° ° 

(7), 586. ment of their accounts with the county shall also have power and 
authority, and it shall be their duty, to compel the tax-collectors and 
treasurers of their respective counties to come before them at such 
times as may be designated by them, not less than twice in each year, 
to render an account of their official actings and doings respecting 
the county tax and funds, and to make a full and complete exhibit 
of their books, vouchers, accounts, and all things pertaining to their 
several offices. 

§528. (§419.) Failure to account, malpractice. The failure or re- 
fusal of any tax-collector or county treasurer to render the account 
■and make the showing provided for by the preceding section, after 
being notified so to do by the proper officer or officers, shall con- 
stitute malpractice in office, and a conviction therefor shall subject 
the offender to removal from office. Pending the continuance of 
such failure or refusal after the notice aforesaid, the officer or offi- 
cers aforesaid, who are by law authorized in the several counties 
to bring defaulting tax-collectors and treasurers to a settlement, 
shall have power, and it shall be their duty, to suspend the said tax- 
collector or treasurer from duty ; and in the case of the tax-collector, 
to appoint some competent person in his stead to collect the county 
tax pending such suspension and until the question of removal can 
be passed upon and decided by the proper tribunal ; and in case of 
the treasurer, to appoint some fit and proper person to take charge 
of the county funds, and perform the duties of his office, pending 
such suspension and until the question of his removal can be passed 



153 SIXTH TITLE.— CHAPTER 7, ARTICLE 2. §§529-532 



From other sources than taxation. 



upon and decided by the proper tribunal. Proper bonds shall be §573. 
taken from the persons so appointed, as now provided by law : Pro- 
vided, nevertheless, that the power given by this and the preceding 
section to inquire into the affairs of the tax-collector and treasurer 
of the county, and to suspend them from office in certain cases, shall 
in no way affect their own liability, or that of the sureties on their 
official bonds. 



ARTICLE 2. 

From Other Sources Than Taxation. 

§529. (§420.) Sources of county revenue. All sums which are 
paid into the county treasury for the following accounts make a part 
of the county revenue, viz. : 

1. For the authorized sale of any county property, unless other- 
wise directed. 

2. For the rent or hire of any county property. §§967-970. 

3. For shows or exhibitions. 

4. From estrays. 

5. From licenses to peddle. 

6. From any other sources. 

§530. (§421.) Licenses, exhibitions, etc. The county charges for §§967-970. 
such licenses are as follows: 

To peddle within the county, unless otherwise provided by Acts 1S90-1, 

the ordinary under the law $ 50 00 Act 1820, 

m i -i • • Cobb > 184 - 

To exhibit shows with horses 10 00 Act 1835, 

m ., . . Cobb, 185. 

To exhibit animals, beasts, and the like 10 00 

To exhibit any pictures or figures 5 00 

To exhibit any other show, not less than $5.00, nor more 

than $25.00, as the ordinary may order. 
To exhibit theatricals or musical entertainments for profits , 
to the proprietor, not more than $5.00 on each exhibi- 
tion, and subject to contract with the county. 

§531. (§422.) Licenses for one year. All such licenses, except 
exhibitions, are for the term of one year, extending to the county 
limits. 

§532. (§424.) Exhibitions, etc., without license. If any person §540. 
exhibits any show without first obtaining such license, or exhibits 



§§533-538 SIXTH TITLE.— CHAPTER 7, ARTICLE 2. 154 

From other sources than taxation. 

a show different from that for which he obtained license, he forfeits 
to the county three times the cost of license for each exhibition. 

s 1888 - §533. (§425.) Peddling without license. If any person, except a 

disabled soldier of this State, peddles without first obtaining such 
license in counties where the ordinaries take no action regulating 
peddling, he forfeits to the county one hundred dollars for the first 
act of peddling, and for each month thereafter twenty-five dollars 
more. 

§§15,1894. §534. (§1524.) Taxpayer may demand license. Any taxpayer of a 

county may call upon any person in pursuit of any occupation for 
which a license must be obtained, to exhibit his license, and if he 
fails so to do, it shall be sufficient grounds, on making affidavit of 
the fact, to cause its forfeiture ; and if, on investigation, it appears 
that he has such license, he forfeits the sum of ten dollars and costs. 

§5075. §535. (§1525.) Violations, how punished. If any ordinary, of his 

own knowledge, knows of such violation, or if any person will make 
affidavit of such fact, it is the duty of the several ordinaries of this 
State, unless they know to the contrary, to issue a process, directed 
to all and singular the sheriffs and constables of this State, for the 
amount of such forfeit, commanding them to levy on sufficient of 
the property, real or personal, of the defendant to satisfy the same 
and costs, and to levy and sell the same as in case of attachments; 
and in default of finding goods enough for such purpose, to arrest 
such defendant and him safely keep as in cases of persons under ca. 
sa. Such process must be returned to the court whence it issues. 

§§530 532. §536. (§1526.) Shows, exhibitions, etc. If any show is on exhibi- 

tion in any county without the license required, it is the duty of the 
ordinary instanter to place such process in the hands of such officer ; 
and if, on presentation, the license fee required and all costs are 
instanter paid, it shall discharge the same, but not otherwise ; but 
if such course is not taken, it is no waiver of such forfeiture. 

§524. §537. (§1527.) Persons may defend. Persons against whom such 

process may issue may arrest the same by swearing that they have 
not violated the law on account of which process has issued, and by 
otherwise complying with the provisions of the section against per- 
sons holding county funds, and which shall be returned and tried in 
the same manner. 

§5308. §538. (§1528.) Damages. If, on the trial of such issue, the jury 

who tries shall believe that such affidavit was filed for delay only, 



355 SIXTH TITLE.— CHAPTER 8, ARTICLE 1. §§539-545 

County poor ; jurisdiction of ordinary. 

or is without any excuse to sustain it, they shall so state in their 
verdict, and if they so find, the defendant shall pay twenty-five per 
cent, additional. 

§539. (§1529.) Not to interfere with the Penal Code. The penal- 
ties and forfeitures hereinbefore set forth are not to interfere with 
any provision of the Penal Code, that is or may be enacted, making 
such acts penal. 

§540. (§1530.) Disposition of moneys. The moneys arising f rom A cobb, 8B i84. 
all licenses are to be paid to the county treasurer, to be used for^ 34, 4370, 
county purposes, but one half of moneys arising from forfeitures go 
to the informers. 



CHAPTER 8. 
County Poor. 

ARTICLE 1. 
Jurisdiction of Ordinary. 

§541. (§426.) Paupers. The general supervision of all paupers is A ** J 7& f' 



Cobb, 346. 
ict 1818, 
Cobb, 347. 
§§513 (7). oOfi. 



vested in the ordinaries of each county. A n e * 18 !?' 

** Cobb, 347 

< 

§542. (§427.) Poorhouses. They have authority to purchase 
lands for a poorhouse, the title thereto vesting in the county, or to 
rent improvements for such purpose, or to board out the poor, and 
to make all necessary contracts in relation to them. 

§543. (§428.) Pauper farms. Upon the recommendation of the Act * 3 J 865 " 6> 
grand juries of their respective counties, said ordinaries shall have§ 513 em- 
power and authority to purchase a house and farm in their respec- 
tive counties, upon which farm they may require all paupers in said 
counties to labor who are not, from old age and disease, unable to 
work. 

§544. (§429.) Tax. The said ordinaries have authority to lay and§| 5 ° 6 . 513 (7). 
collect a tax for the purpose of purchasing said house and farm. 

§545. (§430.) Regulation of. They are also authorized to estab- 
lish all necessary rules and regulations in the management of said 
farms. 



§§546-551 SIXTH TITLE.— CHAPTER 8, ARTICLES 2, 3. 156 

Relief to poor Confederate soldiers ; commissioner of the poor and his duty. 

§546. (§431.) Workshops, etc. They are further authorized to es- 
tablish any workshops, and sehoolhouses, or churches, on said farms 
as they may deem proper, and may do any and everything neces- 
sary to carry out the provisions of this and the three sections pre- 
ceding it. 



ARTICLE 2. 

Relief to Poor Confederate Soldiers. 

Acts 1893, §547. (§432.) Poor fund to relieve ex-Confederates. Each and ev- 

ery county in this State is authorized and directed to use so much 
of the poor fund raised by taxation as may be necessary to provide 
food and clothing for any ex-Confederate soldier of this State, who 
may become chargeable upon the poor fund, without compelling him 
to become an inmate of the poorhouse or poor-farm of said county. 

Acts 1893, §548. (§433.) Regulations to discover whether applicant entitled. 

p. 118. 

"Whenever any ex-Confederate soldier shall apply to the proper 
county authority for assistance from the poor fund, it shall be the 
duty of said county authorities to ascertain whether he is properly 
entitled to assistance contemplated by the preceding section. 

Acts 1893, §549. (§434.) Assistance in food and clothing. The assistance to 

be rendered shall not be by payments of money, but shall be made 
in provisions of food and a proper amount of comfortable clothing, 
to be used wherever he may see fit to reside ; it being the intent that 
no ex-Confederate soldier of Georgia shall be forced to become an 
inmate of any poorhouse or poor-farm in this State in order to obtain 
relief from the authorities of the county in which he may reside. 



ARTICLE 3. 

Commissioner of the Poor and His Duty. 

§550. (§435.) Commissioners of the poor. The ordinaries shall, if 
necessary, appoint a commissioner of the poor, and the money aris- 
ing from the poor tax shall be paid into the hands of the county 
treasurer, on orders granted in his favor by such ordinaries, or in 
favor of any other person. 

§§4796 (7), 4i6- §551. (§436.) Receiver and disburser. Whoever receives and dis- 
burses such fund must, once in every year, at the time such ordina- 



418 



157 SIXTH TITLE.— CHAPTER 8, ARTICLE 4. §§552-556 

Paupers. 

ries may order, or oftener if they require, make up his account and 
lay the same before them, who shall allow or disallow, and whenever 
there is a deficiency or liability on the part of such person, he may 
be ruled for the amount as an officer of court. 

§552. (§437.) Application of pauper. Application to be provided 
for as a pauper may be made at any time to the commissioner of 
the poor or the ordinary, upon which a hearing must be had, with 
the least possible delay, by the ordinary, and the person to whom 
such application is made is authorized to provide for such applicant 
as other county poor until a hearing is had. 



ARTICLE 4. 

Paupers. 

§553. (§438.) Who are paupers. No person shall be entitled to 
the benefits of the provision for the poor who is able to maintain 
himself or herself by labor, or, if not, has sufficient means, and in 
cases where females are unable to maintain themselves and the 
helpless children they may have also, they may be aided to the 
extent required in the furnishing of food, clothing, or shelter. 

§554. (§439.) Parents and children bound to support each other. §§3020, 3025, 
If any such person has father, mother, or child of sufficient ability, 
he or she must be supported by them, and failing so to do, any 
county in this State, having made provision for such persons, may 
sue persons of full age standing in such relation to them, and re- 
cover for the time such county has made provision for such person : 
Provided, always, the person sued was possessed of such ability. 

§555. (§440.) Certificate of the ordinary. On the trial, the cer- 
tificate of the ordinary that the person was poor and unable to sus- 
tain himself, and that he was maintained for such a time at the 
expense of the county, is presumptive evidence of such maintenance, 
and the costs thereof. 

§556. (§441.) Paupers, how buried. Whenever any person shall Acts 1863-4. 
die in this State, whose family and immediate kindred are indigent 
and unable to provide for the decent interment of such deceased 
person, and where the deceased is a pauper and destitute of the 
means of paying for decent interment, the ordinary of the county 
where said death shall occur, in case there be any pauper funds 
belonging to the county unexpended, shall appropriate a sufficient 



§§557-562 SIXTH TITLE.— CHAPTER 8, ARTICLE 4. 158 

Paupers. 

amount thereof to provide a decent interment for such deceased pau- 
per, or to reimburse such person as may have expended the same 
voluntarily — said appropriation not to exceed what is necessary to 
defray the ordinary funeral expenses of persons dying in humble 
circumstances in this State. 

§557. (§442.) Persons removing paupers, liability. When any in- 
habitant of any county, city, town or village in or out of the State 
sends a pauper to some county in this State, by paying the expense 
of transportation, or otherwise has him removed for the purpose of 
burdening some other community, the person so engaged shall be 
personally liable for the support of the pauper in the county where 
he locates. 

* 384 - §558. (§443.) County liable, when. If the person so engaged in 

transporting a pauper is insolvent, or does not respond to such de- 
mand from any cause, the county from which the transportation 
took place shall be liable. 

§559. (§444.) Paupers left by migratory companies, etc. If any 
person commanding any vessel, or the manager or proprietor of any 
theatrical, circus, or any other migratory company, or their agent, 
or any person passing or moving through this State shall bring and 
leave or abandon herein any infant, lunatic, maimed, deaf and 
dumb, blind, aged, or infirm person, who is or is likely to become 
chargeable to the county, he may be brought by warrant before any 
judicial officer. 

P §683 C ° de ' § 560 - (§445.) May be required to give bond. If such officer is 
satisfied that such person is or probably will become such charge, he 
must require such person to enter into bond, payable to the Gov- 
ernor of the State and his successors in office, with sufficient sureties 
resident in this State, for the sum of five hundred dollars, for each 
of such persons so brought, conditioned to pay all such expenses as 
any county in the State may lawfully incur in their support. 

§561. (§446.) Such bond to be filed in the office of the ordinary. 

Said bond must be filed in the office of the ordinary of the county 
where the paupers are at the time of its execution, and, upon condi- 
tion broken, may be sued on and recoveries had, until exhausted in 
different actions, in behalf of any county or person who may have 
properly contributed to the maintenance of such pauper. 

§562. (§447.) Lunatics. "When a pauper is found to be a lunatic, 
idiot, deaf and dumb, or blind, they must be dealt with according 
to the laws relating to them. 



159 SIXTH TITLE.— CH. 8, ART. 5. CH. 9, ART. 1, SEC. 1. §§563-569 

Home for indigent old women. County officers ; county treasurer ; election and oath. 

ARTICLE 5. 

Home for Indigent Old Women. 

§563. Home for indigent old women. In counties having a Act » J 907 ' 
population of 75,000, or over, as per the last census of the United 
States, the commissioners of roads and revenues may in their dis- 
cretion, appropriate of the money of said county, not exceeding five 
thousand dollars in any one year, for the purchase and maintenance 
of a charitable home situated in said county for indigent old women. 



CHAPTER 9. 

County Officers. 



ARTICLE 1. 
County Treasurer. 



SECTION 1. 

Election and Oath. 

§564. (§448.) Election and term of treasurer. County treasurers Act ism, 
are elected by the qualified voters of their respective counties ; and xcts'iiiii 
hold their offices for two years and until their successors are elected %q'JI' 
and qualified. 

§565. (§449.) Oath and bond. No appointment or election is ef- 
fectual until bond and security is given and oath of office taken. 

§566. (§450.) How removed. They may be removed in the same Act 1821, 

™ j.1 i i i r. .i . Cobb, 211. 

manner that clerks of the superior courts may be. §4S97. 

§567. (§451.) Vacancies. Vacancies are filled as vacancies in§s 4 I 96 » 4881 > 
other county offices are filled. 

§568. (§452.) Qualifications. No other conditions of eligibility 
are required save those that apply to all other officers, but no other 
officer can be county treasurer. 

§569. (§453.) Oath and bond, where filed. His oath of office must Act isss, 
be entered on the minutes of, and filed in the office of, the ordinary, ° obb ' 215 ' 
and his official bond must be filed and recorded in said office. 



§§570-575 SIXTH TITLE.— CHAPTER 9, ART. 1, SECS. 2, 3. 



160 



Bond of county treasurer aDd its lien ; duty of county treasurer. 



5269. 



§570. (§454.) Oath. County treasurers, before entering on the 
duties of their office, besides the oath required of all civil officers, 
must take the following oath, viz.: "I, , do swear I will faith- 
fully collect, disburse, and account for all moneys or other effects 
of the county, and otherwise faithfully discharge all the duties 
required of me by law as county treasurer. So help me God." 



Acts 1889, 
p. 51. 



Acts 1876, 
p. 16. 

§§218, 1190. 



§528. 



SECTION 2. 

Bond of County Treasurer and Its Lien. 

§571. (§455.) Amount of bond. They shall also, within thirty 
days from their election or appointment, give a bond payable to the 
ordinary of the county, with securities to be by him approved, in 
a sum which, in his judgment, will be double the amount of the 
county tax for the ensuing year, receipts from other sources, and 
cash on hand. 

§572. (§456.) Bond a lien from time of signature. When any offi- 
cial bond is executed by any county treasurer, or any person acting 
as such, the property of said treasurer, or any person so acting, as 
well as the security or securities on said bond, shall be bound from 
the time of the execution thereof, for the payment of any and all 
liability arising from the breach of said bond. 

§573. (§457.) Appointees to fill vacancies must give bond. The 
bonds of appointees to fill vacancies shall be likewise in his discre- 
tion, taking into consideration the amount that may come into their 
hands, and for double such amount. 



§261. 



SECTION 3. 

Duty of County Treasurer. 

§574. (§458.) County funds. All county funds are to be paid to, 
and disbursed by, the county treasurer, except such as may be spe- 
cially excepted by law, and then to be collected and disbursed as 
specially directed. 

§575. (§459.) Office, where kept. He must keep his office at the 
county-site, or at some place within one mile of the court-house. 



161 SIXTH TITLE.— CHAPTER 9, ART. 1, SEC. 3. §§576-578 



Duty of county treasurer. 



§576. (§460.) Duty of county treasurers. It is their duty— A oSiibfai. 

1. To diligently collect from all officers and others all county dues. A ^ b ^ 3 |^ 6 

2. To examine the minutes and execution dockets of the different ^ ct | 5 1859 ' 
courts of the counties, to demand and receive all moneys appearing 

to be due thereon, and to institute proceedings against defaulters. 

3. To pay without delay, when in funds, all orders, according to 
their dates (or other debts due) ; and when not in funds, as herein- 
after prescribed. 

4. To take a receipt on each order when paid and carefully file it 
away. 

5. To keep a well-bound book in which shall be entered all re- 
ceipts, stating when received, who from, and on what account, and 
all amounts paid out, stating when paid, to whom, and on what 
account. 

6. To keep a well-bound book in which shall be entered a full de- 
scription of all county orders, or other forms of indebtedness, as 
they are presented ; to record a copy of the orders of the ordinary 
levying county taxes. 

7. To exhibit to the first grand jury at the first session of the su-^if 7 '^ 6 ^ 31, 
perior court of each year, a full statement of the condition of the 4796 (7) - 
county treasury up to that time, and on the second Monday in Jan- 
uary, annually, to file with the ordinary a full statement of his ac- 
count, accompanied by his vouchers for the preceding year, together 

with his estimate of the indebtedness of the county for the ensuing 
year, and the means of providing therefor, and to place his books 
before either of said bodies for examination when called upon. 

8. To appear before the ordinary or grand jury to render an ac- 
count of his actings and doings as county treasurer, and to exhibit 
his books and vouchers whenever notified. 

9. To publish at the door of the court-house, and in a public ga- 
zette, if there is one published in the county, a copy of his annual 
statement to the ordinary. 

§577. (§461.) Books, etc., furnished by the county. All books and §589, 
stationery the county treasurer may require must be furnished at 
the expense of the county. 

§578. (§462.) Books, etc., when deposited. "When the books of 
such treasurer are full, they, together with the vouchers of other 
files relating thereto, or connected with the office, must be deposited 
in the office of the ordinary and afterwards be part of his records. 



§§579-583 SIXTH TITLE.— CHAPTER 9, ART. 1, SEC. 4. 162 



County orders. 



SECTION 4. 

County Orders. 

§§228 g (8_), 238 §579. (§463.) Order in which the county debts are paid. When 
there are funds enough to pay all outstanding orders and other 
forms of indebtedness due, which the treasurer may be authorized 
to pay, they may be paid indiscriminately without regard to their 
dates; when there is enough to pay all dated anterior to some par- 
ticular dates, all such may be likewise paid indiscriminately; when 
there is not enough to pay all of equal degree, they shall be paid 
ratably; under all other circumstances, they shall be paid in the 
order of their dates. 

§580. (§464.) County orders. No order shall be paid until after 
five days from its date and delivery, unless otherwise specially or- 
dered ; the ordinary may furnish in the meantime the county 
treasurer with a full statement of all orders issued, which shall be 
by him immediately registered, and when so registered shall be paid 
according to law without further notice to the treasurer previous to 
the time of payment. 

§228 (i5). §581. (§465.) Failure to present county orders. If any person 

holding county orders shall fail to present them by the first day of 
December of each year to the county treasurer for payment, they 
shall be postponed to all orders which were so presented and not 
paid for want of funds. 

§228 (8). §582. (§466.) Want of funds. On the first day in December of 

each year such treasurer shall make an entry of all orders entitled 
to payment which were not so presented for payment, and what or- 
ders not of equal dignity have been paid instead, in whole or in 
part, and what others are entitled to payment before such non-pre- 
sented orders. Persons holding such orders, who present them with- 
out receiving their pay before said day, may have the treasurer an- 
nually to mark thereon "Presented," the day of presentation, and 
not paid for want of funds. 

§583. (§467.) County orders negotiable. All county orders are ne- 
gotiable by delivery or indorsement, and the indorser liable accord- 
ing to the terms of his indorsement, as in commercial paper, but no 
such transfer can take place so as to prevent a treasurer from setting 
off any sum that the payee may be due the county at the date of the 
order. 



163 SIXTH TITLE.— CHAPTER 9, ART. 1, SECS. 5, 6. §§584-588 

Proceedings against defaulting treasurer ; final settlements, fees, and salaries. 

§584. (§468.) Treasurer shall not purchase orders at a discount. §§240> 211 - 
Such treasurer is forbidden to buy up any county orders or claims 
for less than their full par value, either by himself or agents, di- 
rectly or indirectly, or by paying for them in property at an esti- 
mated value above its true value. 



SECTION 5. 

Proceedings Against Defaulting Treasurer. 

§585. (§469.) Treasurer failing to pay over money. When the A c c * b J 82 2 5 | 2 
county treasurer at any time fails to pay any order which is en- ^l 87 ^ 238, 
titled to payment, or other legal demand upon him, or to pay any 
balance that may be in his hands to his successor, or to the person 
entitled to receive it, the ordinary may issue execution against him 
and his sureties for the amount due, as against a defaulting tax- 
collector. 



SECTION 6. 
Final Settlements, Fees, and Salaries. 

§586. (§470.) Books must be turned over to successor. In cases^* 6 -*^. 4796 

.... en- 

of the resignation, expiration of the term, or removal from office, 

such treasurer, or, if he is dead, his personal representative, must 

state his accounts, and deliver all the money, books, papers, and 

property of the county to his successor, as other officers do, who 

must report the same immediately to the ordinary. 

§587. (§471.) Final settlements. When such county treasurer, or 
his representative, has made a fair and full statement of all his 
accounts and liabilities as such, an exoneration of himself and sure- 
ties, together with the details of such settlement, must be entered 
on the minutes of the court of ordinary, and be final, except for 
fraud. 

§588. (§472.) Fees of county treasurer. County treasurers in the Acts is74. 
several counties of this State are entitled to receive two and one half is9o-i, 

. . P- 76. - 

per cent, commission for receiving, and two and one half per cent. 
commission for paying out, all sums up to ten thousand dollars ; and 
one and one fourth per cent, for receiving, and one and one fourth 
per cent, for paying out, the excess over ten thousand dollars, for 



§§589-593 SIXTH TITLE.— CHAPTER 9, ART. 2, SEC. 1. 164 

County surveyor and his fees ; election, oath,, and bond. 

receiving and paying out county funds : Provided, that in no case 
shall the compensation of county treasurers exceed the sum of three 
thousand dollars per annum. 

For making his returns to the grand jury $ 1 00 

For making his returns to the ordinary 1 00 



Acts 1904, 
p. 96. 



§589. Premiums on treasurer's bond in certain counties. In 

addition to the salary now provided by law for county treasurer 
it shall be within the power of county commissioners in all counties 
having a population of seventy-five thousand or over to provide 
for the giving of bonds of such county treasurers, duly signed by 
a surety company ; and if thus given, it shall be within the power of 
the county commissioners to cause the premiums to be paid out of 
the public moneys of such counties. 

^ et m 907 ' §590. Salaries in certain counties. The county treasurers of 

counties having a population of seventy-five thousand or over, ac- 
cording to the last census of the United States, shall be paid a 
salary of three thousand dollars per annum, to be paid monthly by 
the county commissioners of said county. 



ARTICLE 2. 
County Surveyor and His Fees. 



SECTION 1. 

Election, Oath, and Bond. 

§591. (§473.) How elected. County surveyors are elected, com- 
missioned, qualified, and removed as' clerks of the superior courts 
are, and hold their offices for two years. 

§4796. §592. (§474.) Failure to elect. In case there is a failure to elect 

a person who is commissioned and qualified at the regular time, or 
a vacancy occurs, the ordinary must appoint such surveyor, until 
the vacancy is filled according to law. 

§6io. §593. (§475.) When appointed by the court. If a county surveyor 

derives his authority from appointment, he needs no commission be- 
yond the order of such ordinary entered on his minutes, of which 
appointment the Governor of the State must be informed without 
delay. 



165 SIXTH TITLE.— CHAPTER 9, ART. 2, SEC. 2. §§594-599 

Duties and fees of county surveyor. 

§594. (§476.) Oath and bond. Before entering on the duties of A «t imt, 

3 v *> ' ° Cobb, 217. 

his office, besides the oath required of all civil officers, he must take 

the following: "I, , swear that I will, to the best of my skill 

and knowledge, discharge the duties of surveyor of county, 

and that I will not admeasure, survey, or lay out any land in my 
capacity as such, or knowingly permit or cause it to be done, with- 
out a warrant first obtained for that purpose. So help me God." 
He shall also, at the same time, give bond and security in the sura 
of one thousand dollars. 

§595. (§477.) May be removed. Whether appointed or elected, 
besides the causes of removal which apply to all officers, he may be 
removed by the ordinary for want of capacity, on the same proceed- 
ing before him, and by him to be decided, that officers are removed 
in the superior court. 

§596. (§478.) One for each county. There must be one for each^^g. 
county, and he is empowered to appoint one or more assistants or^obb.'wo. 
deputies, for whose conduct he is responsible. 

§597. (§479.) Must take an oath. When such an assistant is ap- 
pointed he must take the same oath the surveyor takes, and the fact 
of the appointment must, at the same time, be entered on the min- 
utes of the ordinary. 



SECTION 2. 

Duties and Fees of County Surveyor. 

§598. (§480.) Office, where kept. The county surveyor may keep 
his office at his place of abode, if within the limits of the county. 

§599. (§481.) Duties. It is his duty— A cobb 178 672. 

1. To punctually observe and carry into effect all such orders as A cobb 83 2 8 i5. 
he may receive from the officer who may lawfully command him. §646 ' 

2. To admeasure and lay off dower, to partition lands, to make 
resurveys, to give plats of all surveys, and to administer all oaths 
required by law in such cases. 

3. To survey county lines and district lines, or other surveys, in A cobb 78 6<k 
which his county may be interested, whenever required by the ordi- 
nary. 

4. To execute all surveys required by the rule of any court of §6312 - 
competent jurisdiction. 

5. To keep a well-bound book in which shall be entered plats of 



§§600-605 SIXTH TITLE.— CHAPTER 9, ART. 2, SEC. 2. 166 

Duties and fees of county surveyor. 

all surveys made by him, with a minute of the names of the chain- 
bearers, when executed, by whose order and to whom plat delivered, 
if any ; which book shall belong to his office and be turned over to 
his successor, and when full shall be deposited in the office of the 
ordinary. 

§600. (§482.) Fees. When surveys are made for private or cor- 
porate benefit, the fees are to be paid by the person, or persons, or 
corporation who orders the survey ; when by order of the ordinary, 
out of the county funds ; and when by rule of court, unless other- 
wise agreed upon, they are to be taxed in the bill of costs, and shall 
have the effect of a judgment lien upon the land surveyed, if not 
paid by the party bound for costs. 

§524 - §601. (§483.) Payment of fees. If after a county surveyor has 

made a survey for any person, who neglects to pay him, such sur- 
veyor upon making oath before the ordinary of his county of the 
performance of such service and its value, such ordinary shall issue 
a fi. fa. in the name of the ordinary, for the use of such surveyor, 
against such defaulter, who may defend himself therefor, in the 
same manner as persons against whom executions issue who detain 
county funds. 

§§G3i2-63i6. ^qq2 (§484.) Surveys, when evidence. Surveys or plats of land 
made by the county surveyor, under order of court, and on notice 
to all the parties, of lands within his county, signed by him officially, 
and stating the contents, courses, distances, of any land surveyed 
by him, are presumptive evidence of the facts, if all the requisites of 
the law touching such surveys and the reports thereof are complied 
with. 

§603. (§485.) Where there is no surveyor. When there is no 
county surveyor, any competent person, a citizen of the county, may 
perform his duties, when specially required, if first sworn to do the 
same skillfully, faithfully and impartially, to the best of his knowl- 
edge ; or, in default of such person, the county surveyor of an ad- 
joining county may officiate. 

§604. (§486.) Persons acting. Persons performing such service 
are on the same footing as county surveyors as to the special service 
rendered, and are personally liable as such surveyors are officially. 

A P ct io4 fe823 ' §605. (§487). When surveyor disqualified. When any county sur- 
veyor is interested in any survey to be made, the judge of the 
superior court or the ordinary of the county in which the land is 



167 SIXTH TITLE.— CHAPTER 9, ART. 2, SEC. 2. §§606-608 

Duties and fees of county surveyor. 

located, upon the application of any party in interest, shall appoint 
a competent, disinterested surveyor to make the survey, or the order 
may, in his discretion, be directed to the surveyor of any adjoining 
county. If the surveyor appointed is not a county surveyor, he 
shall, before entering on said survey, subscribe before some judicial 
officer of the county the oath now required of county surveyors. 

§606. (§488.) Such surveyor's rights. The rights, powers, and 
duties of the surveyor so appointed shall be the same as those of 
the county surveyor, and the return of such surveyor shall have the 
same force and effect as other surveys. 

§607. (§489.) False survey. When any county surveyor, or other 
person acting as such, has knowingly surveyed land as vacant land 
which is not, or so made any other false survey, he is guilty of a 
misdemeanor. 

§608. (§490.; Fees of county surveyors. County surveyors' f ees x ^ b ^f' 

are as follows, to wit : § 646 - 

For surveying a town lot and returning a certificate thereof . .$ 1 25 

For surveying a tract of land of or under one hundred acres . 3 50 

For each hundred acres after the first 1 00 

For making a plat, recording, advertising, and transmitting 

the same to the secretary of State's office 1 25 

For entering a caveat, advertising, and giving a certified copy 

thereof 2 00 

For attending trial of the same 1 00 

For each postponement, to be paid by the postponing party . . 60 
For recording judgment and giving certified copy thereof ... 60 
For entering an appeal and giving certified copy thereof .... 1 25 
For a resurvey of land by order of court, of or under one hun- 
dred acres, for the first one hundred acres 3 50 

For every one hundred acres after the first ._ 1 00 

For every other resurvey of the same 1 00 

For making and certifying a plat thereof and transmitting the 

same 1 25 

Running line between counties, districts, or making new 
lines, per day, he furnishing the chain-bearer and provi- 
sions 8 00 

For each plat of homestead, affidavit and return 5 00 A p c V 870, 

For each additional plat where more than one lot 3 00 



§§609-614 



SIXTH TITLE.— CHAPTER 9, ARTICLE 3. 



168 



Coroners. 



ARTICLE 3. 
Coroners. 



5593. 4796. 



J269. 



Act 1823, 
Cobb, 539. 



IJ5353, 5561, 
6571, 6019. 



§609. (§491.) How elected. Coroners are elected, commissioned, 
qualified, and removed as clerks of the superior courts are, and hold 
their offices for two years. 

§610. (§492.) Ordinaries may appoint. The ordinaries appoint 
coroners on the same terms and in the same manner that they do 
county surveyors, which appointments take effect as those of county 
treasurers. 

§611. (§493.) Oaths. Before entering on the duties of his office, 
besides the oath required of all civil officers, he must take the follow- 
ing: "I swear that I will well and truly serve the State of Georgia, 
in said office, and faithfully and truly execute all writs and precepts 
to me directed, or which I may lawfully execute, when placed in my 
charge, and return the same according to the best of my knowledge, 
skill, and judgment ; that I will in no case knowingly use or exercise 
my office illegally, corruptly, or unjustly, and that I will not, under 
any pretense, take, accept, or enjoy any fee or reward pertaining to 
my office, other than such as are allowed by law ; but that I will, in 
all things touching the duties of my office, demean myself honestly, 
fairly, and impartially, according to the best of my ability. So help 
me God." 

§612. (§494.) Bond. He must likewise, at the same time, give 
bond and surety in the sum of five hundred dollars, which may be 
for a greater or less amount, according to the local law now or here- 
after in force. He is liable for retaining moneys collected, or other- 
wise failing to do his duty, as sheriffs are, and is subject to the same 
proceedings. 

§613. (§495.) Additional bond. "When a coroner has to act in the 
place of a sheriff, generally or specially, the ordinary may require of 
him an additional bond, in such sum and with such sureties as in his 
discretion he may think sufficient to meet the contingency. 

§614. (§496.) Shall serve process. When a sheriff is disqualified, 
and it does not appear upon the face of the proceedings, or he or his 
deputy refuses to perform a service, if any person makes affidavit 
thereof, the clerk of the court from Avhich it issues shall place the 
process in the hands of the coroner for execution, and may compel 
its return to his office for such purpose. 



169 SIXTH TITLE.— CHAPTER 10. §§615-621 

Notaries public. 

§615. (§497.) Inquests. It is the duty of the coroner to take in- 
quests as provided in the Penal Code. 



CHAPTER 10. £?> 

Notaries Public. / 



S^^^C^e ■' ffrtrS*? 



§616. (§498.) Notaries public, by whom and when appointed. The ActB Jjj 68 - 
power to appoint notaries public is vested in the judges of the supe- 
rior courts, and may be exercised by them in vacation as well as in 
term time. 

§617. (§499.) Oath of notaries public. Before entering on the du- ^gj 868, 
ties of their office, they shall take and subscribe before the clerk of 
the superior court the following oath, which shall be entered on his 
minutes: "I, - — — , do solemnly swear, or affirm, that I will well 
and truly perform the duties of a notary public for the county of 

, to the best of my ability ; and I further swear, or affirm, that 

I am not the holder of any public money belonging to the State, 
and unaccounted for. So help me God." 

§618. (§500.) Their term of office. They hold their offices for four Act 1824, 

ii -i -i-i 1 ir.i-1 Cobb > 21 °- 

years, revocable at any time by said judges, at the end of which Acts 1868, 
time, if continued, they must be renewed on the minutes. The clerk 
must issue to them certificates of their appointment and qualifica- 
tion, and keep a register of their names. 

§619. (§501.) Age and character of notary. A notary must be 
twenty-one years old, or an attorney-at-law, and of good moral 
character. 

§620. (§502.) Where their office may be exercised. Their notarial 
acts can only be exercised in the county of their residence and ap- 
pointment. Removal from the county vacates the office. 

§621. (§503.) Authority of notaries. They have authority— §§5822,4202. 

1. To take the acknowledgments of all writings relating to com- 
merce or navigation, and to witness such deeds and papers as they 
are permitted to by law. 

2. To demand acceptance and payment of all commercial paper, 
or paper entitled to days of grace, and to note and protest the same 
for non-acceptance or non-payment. 

3. To certify to all official acts when required. 

4. To administer oaths in all matters incident to them as com- Acts 1863-4, 

p. 59. 



S: 



S§ 622-625 



Acts 1893, 
p. 117. 

§5050. 



Acts 1863 
p. 59. 
§§5, 261. 



Act 1792, 
Cobb, 352. 



Acts 1898, 

p. 106. 
1904, p. 97. 
§4280. 



§0001; 



Acts 187S 9, 
L->. SO. 
§5995. 



SIXTH TITLE.— CHAPTER 10. 170 

Notaries public. 

mercial officers, and all other oaths which are not by law required 
to be administered by a particular officer. 

5. To exercise all other powers incumbent upon them by commer- 
cial usage or the laws of this State. 

§622. (§504.) Not lawful to issue attachments, etc. It shall not be 
lawful for commercial notaries public to issue attachments or gar- 
nishments or to subscribe affidavits or approve bonds for the pur- 
pose of issuing attachments or garnishments. 

§623. (§505.) Notarial seal and register. For the authentication 
of their notarial acts each notary must provide a seal of office, which 
shall have for its impression his name officially, and the name of 
the State and county for which he was appointed. After the first of 
January, 1863, a scrawl shall not be a sufficient notarial seal. No 
seal is required to his attestation of deeds. He must keep a fair 
register of all his notarial acts signed by him, together with the 
date of the transaction. 

§624. (§506.) Fees of notaries public. The fees of notaries public 
are as follows, to wit : 

For administering an oath in any case $ 30 

For each attendance on any person, to make proof as a notary 

public, and certifying to the same 1 00 

For every other certificate 50 

It shall not be lawful for any notary public or other officer in this 
State, whose duty it is under the law to protest, note, or give notice 
to endorsers, sureties, or makers of negotiable paper, such as notes, 
checks, drafts, mortgages, or other evidence of debt, to charge for 
such service a greater sum than one dollar and fifty cents. Regis- 
tering must be paid for by the party who has the service performed. 
The fees for all official acts which the notary is allowed to perform 
are the same as those prescribed for any other officers who are like- 
wise permitted to perform them. 

§625. (§507.) Fees of clerks. 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. 



171 SIXTH TITLE.— CHAPS. 11, 12, ART. 1, SEC. 1. §§626-630 

Commissioners of roads and revenues. Roads, bridges, etc. ; classification of roads and districts. 



CHAPTER 11. 

Commissioners of Roads and Revenues. 

§626. Salary of commissioners of roads and revenues. The coni- A p d 9 s 6 19ui 
missioners of roads and revenues of all counties in the State having 
a population of seventy-five thousand, or over, according to the 
census of the United States, shall each receive and be paid for their 
services as such commissioners the sum of three hundred dollars per 
annum. 

§627. Vacancies in office of commissioners. When a vacancy oe- A p ct | 3 * 898 ' 
curs in the office of commissioners of roads and revenues in any §48o ° (6) ' 
county in which the special act creating a board of commissioners 
of roads and revenues for said county makes no provision for suc- 
cession to fill such vacancy, the judge of the superior court of the 
county shall have power to appoint a successor to fill the unexpired 
term. 



CHAPTER 12. 
Roads, Bridges, Ferries, Turnpikes, Causeways, Crossings, Etc. 



ARTICLE 1. 
Public Roads. 



y ^S» ' ^ > 



SECTION 1. 

Classification of Roads and Dfistricfts. 

§628. (§508.) Rule of the road. The rule of the road requiresss Ga. 462. 
travelers with vehicles, when meeting, to each turn to the right. 

§629. (§509.) Public roads. All roads laid out for public use by §§5. sese, 430. 
an Act of the General Assembly, if not otherwise provided, or by an 
order of the ordinary, are declared to be public roads. 

§630. (§510.) Size, extent, foot-logs, etc. Public roads shall be A c c ^ 79 9 % 
cleared of all trees, stumps, grubs, and bushes, at least thirty feet Act * 4 1877, 
wide, and of such limbs of trees as may incommode horsemen or A ^ b ^ 80 9 ° 4 ' 5 
carriages; stumps must be cut as nearly even with the surface as A ^ 81 9 8 4 ' 9 



§§631-635 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 1. 



172 



Classification of roads and districts. 



possible, and the carriage-track must be at least five feet six inches 
wide. And at all places on said public roads, where water may pond 
or flow, during any season, or for any considerable period in each 
year, so as to prevent the dry and convenient passage of pedestrians, 
the road hands shall place foot-logs or other convenient passways ; 
the same to be so constructed as to be at all times above high-water 
mark at such places. 

§631. (§511.) Roads may be classified. The several ordinaries of 
this State, with the concurrence of a majority of the road commis- 
sioners of their respective counties, shall designate such public roads 
in their respective counties, as in their discretion should be so desig- 
nated, as second-class roads. 



Acts 1870, 
p. 397. 



Acts 1870, 
p. 397. 
§5441. 



Acts 1894, 
p. 100. 
§5441. 



Act 1818, 
Cobb, 949. 



Act 1818, 
Cobb, 946. 
8843. 



§632. (§512.) Width of second-class roads. All roads so desig- 
nated shall be cleared of all stumps, trees, grubs, and bushes, at 
least twenty feet, and of such limbs of trees as may inconvenience 
horsemen or carriages ; the stumps to be cut as nearly even with the 
surface as possible, and the carriage-track must be at least five feet 
and six inches wide ; said roads shall be managed according to the 
road laws of this State, as far as the same may be applicable. 

§633. (§513.) Third-class roads. Third-class roads shall be 
cleared of all stumps, trees, grubs, and bushes, at least sixteen feet 
wide, and of all limbs of trees that may inconvenience horsemen 
or carriages ; the stumps to be cut as near the surface as possible, 
and the carriage-track must be at least five feet and six inches in 
width; and said roads shall be changed, worked, and managed ac- 
cording to the road laws of this State, as far as the same may be 
applicable. 

§634. (§514.) Bridges and causeways. All bridges or causeways 
over small watercourses, and causeways over swamps or lowlands, 
shall be made and kept in repair by hands subject to work on roads ; 
the pieces shall be laid across the road at least sixteen feet long, 
well secured, made fast, and covered with earth. 

§635. (§515.) Road districts and apportionment of hands. The 

ordinaries must lay off their respective counties into road districts, 
and apportion the roads and hands so as to divide the labor and ex- 
penses on account of roads, causeways and bridges, equally through- 
out said counties; all of which proceedings must be entered on the 
minutes. 



173 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 2. §§636-638 



Public road register. 



SECTION 2. 

Public Road Register. 

§636. (§516.) Public road registers. The county commissioners, Act^isoo-i, 
and the ordinaries where there are no county commissioners, shall 
prepare and keep in their offices, open to the inspection of the public, 
a well-bound book, to be known as the " Public road register," in 
which they shall have entered a list of all the public roads and road 
districts in the county subject to be worked at the county expense. 
Said register shall correctly show the length, and define the width 
of each road, together with a general description of every public 
road on said list ; and shall also contain a plat of each road, when- 
ever such plat may be necessary to clearly and accurately define its 
line. Said register shall be altered from time to time by said com- 
missioners or ordinaries, as new roads are established, or old ones 
altered or discontinued. It shall be unlawful for the county authori- 
ties having charge of working the public roads of the county to 
work, directly or indirectly, any road or part of road that is not 
found on said register, or to continue to work any road or part of 
road after the same has been stricken from said register by said 
county commissioners or ordinaries. 

§637. (§517.) Penalty for encroaching on registered road. If any Act * J 8901 - 
person shall encroach upon any public road that has been registered 
as aforesaid, by erecting thereon, or upon any part thereof, a fence 
or building, or part of any fence or building or other structure, or if 
he shall in any other manner appropriate to his own exclusive use 
any part of any road registered as aforesaid, and shall fail to re- 
move such fence, building, or other structure or encroachment upon 
the lines of such registered roads, within two days after being noti- 
fied to do so by any road overseer, superintendent of roads, or road 
commissioner of the county, he shall be guilty of a misdemeanor. 

§638. (§518.) Obstructing such road. If any person shall obstruct ^isJf 90 " 1, 
any road registered as aforesaid, by building a fence, or felling a 
tree, or cutting a ditch in or across it, or any part of it ; or shall make 
or place in or across any such registered road, or part thereof, any 
obstruction of any kind which renders the use of said road unsafe or 
inconvenient ; or shall dig or plow up the surface of any registered 
public road or remove any dirt or rocks from the same ; or shall fill 
with dirt or obstruct any side ditch or drain of any public road, such 
person shall be guilty of a misdemeanor : Provided, that this section 



§§639-641 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 3. 174 



Roads ; how laid out, altered, or discontinued. 



shall not prohibit the duly authorized acts of the public officers of 
the county. 

^ist 80 " 1, §639. (§519.) Objections by landowners. Whenever any land- 
owner shall believe that the lines of any public road registered as 
aforesaid encroach upon his property, he shall apply in writing to 
the county commissioners, or to the ordinary in counties where there 
are no county commissioners, to re-establish the lines of said road 
so far as the same touches his land, and no work shall be done on 
said road, upon the part thereof in dispute, until the issue thus raised 
has been finally determined. If on such application such landowner 
is dissatisfied with the decision made by the commissioners or ordi- 
nary, he shall at once petition such commissioners or ordinary to 
issue a warrant directed to the sheriff of the county to summon from 
the vicinage a jury of freeholders to try such question of the true 
lines of said road, and the subsequent proceedings shall be the same 
as now prescribed in cases of landowners aggrieved by reason of any 
road proposed to be laid out through their lands : Provided, how- 
ever, that this and the three preceding sections shall not become op- 
erative in any county until the grand jury of said county shall so 
recommend. 



SECTION 3. 

Roads; How Laid Out, Altered, or Discontinued. 

A cobb 81 947 § 640 - (§ 520 -) Public roads, how laid out or altered. On applica- 

§§629, 724, 430. ^ on f or an y new roa d ? or alteration in an old road, the ordinary shall 
appoint three road commissioners, residing as near where such road 
is intended to pass as possible ; and if they find it of public utility, 
they must proceed to mark it out, and make their report under oath 
to such ordinaries that it was laid out and marked conformably to 
law. 

J523S. §641. (§521.) Notice of application. If such ordinaries, on the in- 

vestigation had, are willing to grant such road, or make alteration 
in an old road, they shall publish a citation for thirty days at the 
door of the court-house, and in a public gazette if there is one in 
the county, giving a particular description of the new road or the 
alteration, notifying all persons that on and after a certain day 
therein named said new road or alteration will be finally granted, 
if no good cause is shown to the contrary. 



175 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 4. §§642-647 



Work on public roads. 



§642. (§522.) Persons in possession to be notified. All persons, 
their overseers or agents, residing on land which such road goes 
through, except the applicants for the road or alteration, must be at 
the same time notified in writing, personally or by leaving it at their 
most notorious place of abode, that they may put in their claim for 
damages or be forever after estopped. 

§643. (§523.) Void roads. All public roads established without a 
substantial compliance with the provisions of the three preceding 
sections are void. 

§644. (§524.) Discontinuance of roads. Applications for the dis- 
continuance of an old road, in whole or in part, must likewise be 
made to such ordinaries in writing, and likewise published, before it 
shall take effect. 



1818, 
^ohb, 951. 



§645. (§525.) Public roads must be laid out the nearest and best A ^* t 
way. All public roads shall be laid out the nearest and best way to 
the place to which they are intended, and as little as can be to the 
prejudice of any private person's inclosed grounds. 

§646. County surveyor or engineer may be employed in locating ^ ts 7y 1901 ' 
roads. The commissioners of roads and revenues of the several §§599 ' 600 ' 
counties of this State, or the ordinaries of those counties not having 
such board of commissioners of roads and revenues, shall have power 
at their discretion to employ at the county's expense the county sur- 
veyor, or some other competent civil engineer, who shall assist the 
special road commissioners appointed for the purpose of laying out 
and locating new, or making changes in old roads; provided, that 
the per diem of such surveyor or civil engineer so employed shall 
not exceed two dollars. 



SECTION 4. 

Work on Public Roads. 

§647. (§526.) Persons subject to road duty, and who exempt. A1U< t isis, 
male inhabitants in this State, between the ages of sixteen and fifty Ac ts 1865-b. 

. J pp. 23, 78. 

years, shall be subject to work on the public roads, except ordained 1870 - p- s ^- 

. . ' ^ ' ^ 1871-2, p. 19. 

ministers of the gospel, who are in the regular discharge of minis- 1876 , p- 2 «- 

. , . §§428-431. 

tenal duty, and m charge of one or more churches, and all men who 
have lost one arm or one leg. It shall be the duty of the superin- 
tendent of the Georgia State Sanitarium, Asylum for the Deaf and 
Dumb, and the Academy for the Blind, to furnish, under oath, to the 



§§648-653 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 4. 176 



Work on public roads. 



ordinary or the commissioners of roads and revenues, where such offi- 
cers exist, and where these institutions are located, a list of guards, 
watchmen, cooks, nurses, and attendants employed on the first day 
of April of each year, and all such employees shall be exempt from 
road duty. The lessees of the penitentiary convicts are required to 
furnish to the officers in charge of the roads in each county of 
the State where they are employed, a list, under oath, of all guards 
employed, and said guards or convicts shall be exempt by paying 
one dollar per day for each day of road working for which they are 
summoned and said roads are worked. 

Acts 8 i878-9, §648. (§527.) When hands are compelled to work. 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 it. 

A cot>b, 81 e47. §649. (§528.) Length of time to work. Road hands are not re- 

quired to work exceeding five days at one time consecutively, or 
more than fifteen days altogether, in twelve months, unless sudden 
emergencies require the immediate repairing of the roads, cause- 
ways, and bridges within their respective districts. 

Aot 23 18566 ' §650. (§529.) List of hands. The several managers and employers 
of male persons shall, whenever required, furnish the overseers of 
the road district with a list (in writing) of those who are liable to 
work on the public roads, signed by them, under a penalty of paying 
three dollars for each male person of color so liable to road duty, 
and whose names are not furnished, to be collected as fines for not 
working the roads. 

§651. (§530.) Road hands, how summoned. Overseers of roads in 
their respective districts shall summon all persons liable to road 
duty, within the district, at least one day before the time of work- 
ing. 

§652. (§531.) What the notice must contain. Such summons must 
state the road to be worked, the time and place for meeting, and the 
implements required. 

Acts 1876, §653. (§532.) Overseer, his duty. Such overseers shall superin- 

tend the working on the roads assigned them by the commissioners, 
cause the same to be worked and repaired in the best possible man- 



J77 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 4. §§654-658 



Work on public roads. 



ner, and make a return thereof to the commissioners, in writing, 
within five days after each time of working, and report all hands 
who may be in default, upon their several roads, without receiving 
therefor any part of the fines which may be collected from said 
defaulters; and, upon failure to report any defaulter or defaulters 
(and upon conviction thereof before the commissioners), shall be 
fined five dollars for each defaulter he so fails to return. 



t 



§654. (§533.) Extraordinary work. The county authorities of theActyLsso-i, 
several counties, having charge of the roads and revenues of each of § 5441 - 
said counties, are authorized and required to provide for the grading • 
of the public roads of their respective counties, where said roads are 
too steep, too rough, or too boggy for practical use or the hauling of 
ordinary loads ; and said officials are authorized and required to pro- 
vide for any other extraordinary work on the public roads of their 
respective counties which can not be done by the road hands subject 
to road duty under the laws of this State. 

§655. (§534.) By what means to be done. Said officials may have Acts isso-i, 
said work enumerated in the preceding section done by use of the 
county chain-gang, by contract let to the lowest and best bidder, or 
otherwise as may be to the best interest of their respective counties; 
and said officials shall be authorized to pay for said work out of 
any funds of their said counties not otherwise appropriated. 

§656. (§535.) Selection of roads by grand jury. The grand juriesActs isso-i, 
of the respective counties are authorized to select such roads or sec- l 
tions of roads, if in their judgment any such roads exist in their re- 
spective counties, as can not be made passable by the hands accessi- 
ble thereto, and shall recommend to the ordinaries, or boards of 
roads and revenues, or county judges (as the case may be), existing 
in their respective counties, to have said road put in proper order as 
provided in the two preceding sections, and they shall also recom- 
mend the manner in which said work may be done or contract let 
out. 



§657. (§536.) Culverts, bridges, and new roads. The provisions of Acts 



p. 139. 



1880-1, 



the three preceding sections shall also apply to such culverts and 18901 - V 63 - 
short bridges not less than ten feet in length, and all new roads to 
be opened in said county, as the grand juries may recommend, as pro- 
vided in the preceding section. 

§658. (§537.) Roads, etc., suddenly becoming impassable. When 
any road, or bridge, or causeway may become suddenly impassable, 



§§659-662 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 5. 178 

Apportionment of roads. 

it is the duty of such overseer to call out as mauy hands as necessary 
to repair the same, after giving one day's notice. 

§659. (§538.) Special work deducted. They shall take notice of 
the time such hands are employed on such special workings, and shall 
excuse them from road duty an equal number of days out of the 
whole number all hands are required to work during the year. 

Acty.865-6, §660. (§539.) Defaulters may be fined. Every individual liable to 
§-§667-671, 065. road duty, who, being duly summoned to work, shall neglect to obey 
such summons, and to carry the implements as ordered, or, appear- 
ing with or without the implements, neglects or refuses faithfully to 
work, shall be fined not less than one nor more than three dollars 
for every day he or they fail to work, or be imprisoned, at the dis- 
cretion of the commissioners. 



Acts i89o-i, §661. (§540.) Extraordinary tools, how obtained. If any other in- 
struments than ordinary farming tools are necessary to keep the 
roads in repair, the overseers may receive them in exchange for la- 
bor of hands, or may apply to the road commissioners in the district 
in which said instruments are needed, who shall apply to the com- 
missioners of roads and revenues where such exist, otherwise to the 
ordinary, who may, in their discretion, issue to said road commis- 
sioners the needed instruments, taking their receipt for the same, to 
be returned during the month of January thereafter, or become re- 
sponsible for the value of the same. 



p. 55. 



SECTION 5. 
Apportionment of Roads. 

Act 1826, §662. (§541.) Roads may be apportioned. When a person liable 

Ac°ts b i884 4 5, to road duty makes an application to the road commissioners for a 
proportion of the road for himself and hands to work and keep in 
repair, they may, in their discretion, parcel off to such applicant 
some equal and just portion of said road, to be increased or dimin- 
ished according to the number of hands, to be judged of by the com- 
missioners : Provided, that said hands accepting such apportion- 
ment shall be amenable and subject to the direction and control of 
road commissioners, and subject to the same fines or imprisonment, 
in common with the other road hands, the same as though they had 
not accepted such apportionment of road. 



179 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 6. §§663-668 

Proceedings against defaulters. 

§663. (§542.) Duty of persons to whom apportioned. Persons to 
whom portions of roads are thus apportioned must make annual re- 
turns to their respective commissioners, whenever they require them, 
of the number and names of their hands liable to road work, and 
after they have received and put in good repair their respective por- 
tions, such hands shall not be transferred to any other part of the 
road, or compelled to do any other road work, so long as they per- 
form their work satisfactorily to the commissioners. 

§664. (§543.) Persons refusing to accept apportionment. If the 
applicants do not accept the portion of road assigned to them by the 
commissioners, they must still work in common with the other hands 
of their road districts. 

§665. (§544.) Penalty for failure to work. If, after having ac- §§660 ' 667 " 671 - 
eepted such portions, they neglect to keep them in good repair, they 
are liable to all the penalties and forfeitures to which commissioners 
are liable for neglect of duty, besides the usual road fines on the 
hands. 

§666. (§545.) Complaint against commissioners. If such commis- 
sioners assign any person a portion of road thus to work, which, 
taking into consideration his number of hands as compared to the 
number liable to do road duty on such road, is not an equal share of 
the labor, any male road-worker of the same road and district may 
complain to the ordinary at any time, and on giving such persons 
three days' notice thereof, in writing, such ordinary may summarily 
hear all the evidence, and if they believe the complaint is just, they 
shall revoke such grant by the commissioners, and have them in- 
stantly informed. 



SECTION 6. 
Proceedings Against Defaulters. 

§667. (§546.) Defaulters may file excuse. All defaulters must nle§§?29, mo, ees. 
their excuses, if any, on oath, before the commissioners, who must 
meet at some place within the district for fining defaulters, of which 
place of meeting they shall give ten days' notice in writing at one 
or more of the most public places in the district, and no other notice 
shall be necessary. 

§668. (§547.) Executions against defaulters. Such commissioners Act 1839, 

. & Cobb, 957. 

must issue executions under their hands and seals, or their warrants 



§§669-672 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 7. 



180 



Duty of overseers ; mile-posts, sign-boards, etc. 



Acts 1865-6, 
p. 23. 



Act 1839, 
Cobb, 957. 



Act 1818, 
Cobb, 948. 

Acts 1865-6, 
p. 23. 



§4694. 



§3377. 



of arrest, as the case may be, against each defaulter who fails to 
render a good excuse, directed to any lawful constable, who shall 
levy and collect the same as executions issued from the justices' 
courts, or, as the case may be, arrest the defaulter and bring him 
before the commissioners to abide the judgment of the same. 

§669. (§548.) Fines, how disposed of. "When such fi. fas. or war- 
rants are collected, within ten days thereafter the amounts must be 
paid to any one of the commissioners. 

§670. (§549.) Constable may be ruled. If constables neglect their 
duty in collecting such fi. fas. or fail to pay over the money, or fail 
to make such arrests and bring the parties arrested before the com- 
missioners, they shall be subject to rule and suit at the instance of 
such commissioners, as though the ii. fas. or warrants had issued 
from a justice's court. In all cases where executions may be issued 
against road-hands in the employment of others, notice to the em- 
ployers of the existence of such execution shall have the force and 
effect of a garnishment, and shall operate as a lien on what is due 
or to become due from such employer to such employee, and may 
be collected as in cases of garnishment. 

§671. (§550.) Lien of commissioners' judgment. The lien of such 
judgments are the same as any other judgment, and claim accord- 
ing to their priority in the distribution of money, except that no 
property is exempt therefrom, and if illegalities or claims are inter- 
posed, they must be returned as though issued from a justice's 
court in which the road district is situated in whole or in part. 



Act 1818, 
Cobb, 949. 
§§5235. 5026. 



SECTION 7. 

Duty of Oveerseers; Mile-posts; Sign-boards, Etc. 

§672. (§551.) Timbers may be used. Overseers are authorized to 
make use of any timbers for the use of the roads, and may make 
contracts with owners of land for such other timber, if indispensa- 
ble, and if they disagree as to the value, the overseer shall appoint 
one arbitrator and the owner another, who, without further formal- 
ity, shall assess the value, and if they disagree, to call in an umpire, 
whose decision is final. The valuation so awarded must then be re- 
duced to writing and signed by the arbitrators, and upon the pro- 
duction of the same, with a certificate of the overseer that he used 
the timber assessed, must be allowed by the ordinary and paid out 
of the county treasury. 



181 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 8. §§673-677 

Duty of railroads as to roads. 

§673. (§552.) Road to be measured. They shall measure all 'that A ^J b J 81 |g 1 _ 
part of the road to which they may be appointed, beginning at the 
court-house, and at the end of each mile set up a post or mark on 
some conspicuous place, which shall designate the number of miles 
from thence to said court-house; and the overseer in the next ad- 
joining district shall likewise begin to measure and mark at the last 
mile-post in the district thus measured ; but when such district shall 
end at some county line, he shall, by some post or mark, designate 
the distance from such county line to their respective court-houses. 



§674. (§553.) Sign-boards. They shall, at the fork of each public A £ bb 181 9 % 
road, place, in some substantial and conspicuous manner, a board or 
other mark, designating thereon the most public place to which 
each road directs ; and if any road is altered so as to make the fork 
at some other place, or as not to make necessary such sign-boards, 
they shall be removed and replaced, or either, if necessary. 

§675. (§554.) Overseers failing to put up posts and boards. If 

any overseer fails to comply with the provisions of the two preced- 
ing sections, he forfeits not exceeding fifty dollars, to be imposed 
and collected as other fines against him. 

§676. (§555.) Overseers in default. If any overseer omits to do 
his duty with respect to the roads, bridges, and causeways under his 
charge, for as much as thirty days from the time the necessity for 
any immediate work occurs, unless hindered by extremely bad 
weather or other providential cause, he shall be indicted, and is also 
liable for all damages at the suit of any person injured by such 
omission. 



SECTION 8. 

Duty of Railroads as to Roads. 

§677. (§556.) Railroad hands exempt, when. Hands liable to road ^J 84 ^ 
work, employed as laborers on the line of any railroad in this State Act | g i 851 - 2 - 
belonging to an incorporated company, or by any contractors con- 1^9, p. 65. 
structing railroads, are exempt from work on the public roads : Pro- 18 J2. p. 10. 
vided, the public road overseer having charge of them, respectively, 
is paid one dollar per day for each hand so liable, which money shall 
be expended in hiring hands to work on the roads. 



§§678-684 SIXTH TITLE.— CHAPTER 12, ABT. 1, SEC. 9. 182 



Damages, how assessed. 



SECTION 9. 
Damages, How Assessed. 

Act 1799 

cobb, 944. §678. (§557.) Landowners aggrieved, how redressed. When any 

P . 280. person shall feel aggrieved by any road proposed to be laid out 

5246.' through any of his land, unless otherwise provided in the charter 

thereof, or some special law, he may petition in writing the ordinary, 
who shall issue a warrant under his hand, directed to the sheriff of 
the county, to summon from the vicinage a jury of freeholders to 
try such question of damage, who shall be sworn by some justice of 
the peace to truly and impartially assess any damage the owner will 
sustain by means of such new or altered road, and said justice shall 
preside over their deliberations. 

§679. (§558.) Jurors incompetent, when. No person is competent 
as a juror who claims any damage of the county or person for the 
same or any similar road, or who would be disqualified if the trial 
was before the superior court. 

§680. (§559.) Trial, how conducted. The jury shall inspect the 
road and land in person, unless already familiar with them, and 
swear any witnesses that the owner or any person on the part of the 
county may offer, as to their opinion of the damages sustained. 

§681. (§560.) Notice of trial. The sheriff shall notify the justice 
of the peace and the road commissioners of the district where the 
road lies, and the owner of the land, of the day and place of trial, 
and shall notify to attend then and there, as witnesses, any persons 
he may be requested to by such commissioners, or the owner. 

§682. (§561.) Time and place of trial. He shall fix the time and 
place, the time not less than five nor more than twenty days, and 
the place as near the land as the proper house-room can be obtained. 

§683. (§562.) Objections to jurors. At the trial any person in 
interest may object to the impaneling of any juror for cause, and if 
from this or any other cause there are not twelve jurors impaneled 
and sworn, the sheriff must proceed to procure tales jurors. 

§684. (§563.) Trial may be postponed. The trial may be post- 
poned or continued from day to day until completed, and if the 
justice of the peace summoned to attend should fail to preside, the 
sheriff must supply the vacancy, if necessary, from some other dis- 
trict. 



J83 SIXTH TITLE.— CHAPTER 12, ART. 1, SEC. 10. §§685-690 

Overseer's neglect ; proceedings against railroads and others for obstructions, etc. 

§685. (§564.) Mistrial. If a mistrial occurs, the sheriff shall pro- 
ceed de novo to summon other jurors, and all the proceedings shall 
be as at first, and so on until there is a verdict. 

§686. (§565.) Certiorari. The judgment in such cases may be §5401. 
certioraried by the county or the owner of the land, as in certiorari 
from forcible entry and detainer trials, and if a new trial is ordered, 
they shall proceed to procure a trial as previously. 

§687. (§566.) Order for damages. When such judgment becomes 
final, all the papers appertaining thereto must be filed in the office 
of the ordinary, who must grant an order for the damages assessed 
in favor of the landowner; but if such ordinary is satisfied that 
such damages transcend the utility of such road, or that part of it, 
he may revoke the road altogether, or order the same altered so as 
to avoid the land so damaged, or make the owner an offer of such 
compensation as the ordinary may think just. 

§688. (§567.) Value of land, how estimated. In estimating the §§5235, 439. 
value of land when taken for public uses, it is not restricted to its 
agricultural or productive qualities, but inquiry may be made as to 
all other legitimate purposes to which the property could be appro- 
priated. 

§689. (§568.) Consequential damages. Prospective and conse-§ §4a94 ' 7&1 - 
quential damages resulting therefrom may be also taken into con- 
sideration, if the same are plain and appreciable ; and on the other 
hand, the increase of the value of the land from the proposed public 
improvement may be considered, but in no case shall the owner be 
deprived of the actual damages by such estimated increase. 



SECTION 10. 



Overseer's Neglect; Proceedings Against Railroads and Others for 

Obstructions, Etc. 

§690. (§569.) Overseer neglecting duty, etc. If any overseer Act 1818 , 
within twelve months after his appointment neglects faithfully to 
discharge the duties required of him, he is subject to a fine not ex- 
ceeding fifty dollars by the commissioners under whom he serves, 
who shall notify him of his neglect, and unless a good excuse is ren- 
dered to them within twenty days from the time of such notice, they 
shall issue execution for the fine assessed. 



:§691-694 



SIXTH TITLE.— CHAPTER 12, ARTICLE 2. 



184 



Alternative road law. 



Acts 1S59. 
p. 65. 



Penal Code, 
§543. 



Acts 1889, 
p. 102. 
§§2686, 67T. 



Act 1818, 
Cobb, 919. 

Acts 1853-4, 
p. 98. 

§§668-671. 



§691. (§570.) Altering or obstructing public road, penalty. If any 
person shall alter any public road or cut any ditch across, or alter 
the location of any bridge, or make any new bridge necessary by 
his act, without first obtaining an order therefor, he is guilty of a 
misdemeanor, and shall be liable besides, by suit, for all damages 
any person may sustain thereby. 

§692. (§571.) Commissioners or ordinary may sue railroads. Com- 
missioners of roads and revenues, or ordinaries in counties where 
there are no commissioners, are empowered to bring any action 
against any railroad corporation that may be necessary or proper 
to sustain the rights of the public in and to any highway in any 
county, and to enforce the performance of any duty enjoined upon 
any railroad corporation in relation to any highway in any county 
in this State, and to maintain action for damages or expenses which 
any county may sustain or may be put to in consequence of any 
act or omission of any such corporation in relation to highways. 

§693. (§572.) Obstructions not removed, fine, etc. When any per- 
son shall make any fence or cut any tree, or make other like obstruc- 
tions in or across any public road, which is not removed in two days 
and a safe and a convenient way, at the time of the obstructions, 
made for travelers, he shall pay a fine of twenty dollars for each ob- 
struction, to be recovered by execution issued by the commissioners, 
as in cases of road fines, and shall be liable for any damages caused 
by the obstruction, from the first to the last, if the- person injured 
used ordinary caution. 



ARTICLE 2. 



Alternative Road Law. 



Acts 1890-1. 
p. 135. 
§§428-431. 



§694. (§573.) County authorities to lay out roads. The commis- 
sioners of roads and revenues, ordinary, or such other officer as has 
charge of county matters of each county in this State, shall have the 
sole right to lay out, open, change, or discontinue public roads 
therein, and the sole management of the working of said roads ; 
and said authorities shall have authority to appoint a superintend- 
ent of public roads when necessary, and also to appoint all over- 
seers, guards, and officers that may be required to successfully carry 
out the provisions of this Article, to prescribe the duties of said 
superintendent, guards, and officers, fix the terms of office of the 



185 SIXTH TITLE.— CHAPTER 12, ARTICLE 2. §§695-697 

Alternative road law. 

same, and to prescribe and pay said appointees such salaries or 
wages as may be deemed proper. 

§695. (§574.) Who subject to road duty. Each male citizen be-^y 890 " 1 ' /(-/. 

tween the ages of *bisk ) oi» and fifty years shall be subject to road / /' ^' 
duty (except those who are now exempt by law), and shall be re- 
quired, when notified or summoned, to work on the public roads of 
the county of his residence for such length of time in each year as 
may be fixed, or to pay such commutation tax as may be fixed by 
said authorities : Provided, that no one shall be required to work 
for longer than ten days in any one year, nor shall said commutation 
tax be fixed at a sum that will amount to more than fifty cents per 
diem for the number of days work required. 

§696. (§575.) County tax for roads. The commissioners of roads ^y 890 " 1, 
and revenues, or ordinary, as the case may be, shall levy yatax addi- forPZ //, &~^C 

tional to any now authorized by law, of not more thair 4wo tenths 
of one per cent, on all the taxable property of the county, and the 
funds raised by said taxation, together with the commutation tax 
heretofore provided for, shall be known as the "Public Road Fund" 
of the county, and shall be used and expended for the purposes of 
paying the salaries and wages, and for working, improving, and re- 
pairing the public roads, as herein set forth. 

§697. (§576.) Provisions for working. Said authorities are au-^y 890 " 1 ' 
thorized to work, improve, and repair the public roads, as follows : 

1. They may work a chain-gang (which said authorities are hereby §429 - 
empowered to organize ; said gang to consist of the misdemeanor 
convicts of the county, or of any other county in this State that 
may be obtained without cost or for hire) and those who do not pay 
the commutation tax : Provided, that the convicts and those who do 
not pay the said tax shall not be worked together. 

2. They may work free hired labor and those who do not pay 
the commutation tax. 

3. They may have said roads worked, improved or repaired, by 
contracting for the same, in such manner as they may deem fit, with 
private parties, or corporations : Provided, that if the work is done 
by contract, the contractors shall be required to employ the chain- 
gang, if established, and the labor of those who do not pay the com- 
mutation tax, and to pay for the same. 

4. They may employ or combine any or all of said three above- §429. \ 
mentioned methods, or may use any other method or system that may 

be desired for accomplishing the work necessary to put and keep the 
public roads in good condition. 



§§698-703 



SIXTH TITLE.— CHAPTER 12, ARTICLE 2. 



186 



Alternative road law. 



Acts 1890-1, 
p. 135. 



Acts 1890-1, 
p. 135. 



Acts 1S90-1, 
p. 135. 



Acts 1897, 
p. 19. 



§698. (§577.) Machinery, tools, etc. Said authorities may pur- 
chase any and all machinery, implements, tools, wagons, and stock 
necessary and required for working said roads, and may build such 
houses or stockades, and purchase any thing or article necessary 
and useful in handling and working the chain-gang. 

§699. (§578.) Fund, how spent. Said authorities shall expend 
said public-road fund in any manner they may deem best for putting 
and keeping the roads in thorough condition and repair. 

§700. (§579.) Residents of cities not affected. The citizens of 
cities and towns shall not be required to work the public roads out- 
side of the corporate limits, nor to pay the commutation tax. 

§701. (§580.) Defaulters. Any person who has failed or refused 
1890-1, p. 135. to pay the commutation tax when demanded by the officer appointed 
by the authorities to make such demand, and who shall, without a 
good excuse, fail or refuse to appear at the time and place appointed 
to work, when summoned or notified by the officer whose duty it is 
to give said summons or notice by the rules of the authorities having 
charge of the public roads, or who shall fail or refuse to do faithful 
work as ordered by the officers in charge of the work when he has 
appeared, shall be fined not less than one dollar nor more than five 
dollars for each day he fails to work, or be imprisoned in the com- 
mon jail at the discretion of the authorities trying the case, or be 
sentenced to work in the chain-gang for not longer than ninety days. 
If the authorities trying the case impose a fine upon the person con- 
victed, it may be with the alternative of other punishment allowed 
by this section, in case said fine is not paid. 



Acts 1890-1, 
p. 135. 



Acts 1890-1, 
p. 135. 
1893, p. 125. 



§702. (§581.) Defaulters, by whom tried. One or more of the com- 
missioners of roads and revenues in counties having commissioners, 
and the ordinaries in counties where the ordinary has charge of 
county matters and public roads under this Article, and the county 
judge in counties where said judge has charge of county matters and 
public roads, are empowered to try all defaulters, and said authority 
shall hold court or courts for the trial of said defaulters, at any time 
or times, and at any place or places in the county that may be fixed 
by said authority : Provided, that ten days notice be given of the 
time and place, or times and places, to defaulters. 

§703. (§582.) Summoned by whom. Defaulters shall be sum- 
moned for trial by, or arrested by, such officer or officers as the com- 
missioners or ordinary or county judge may appoint, or by any 
lawful constable of the county. 



187 SIXTH TITLE.— CHAPTER 12, ARTICLE 3. §§704-706 



Alternative four-days road law. 



§704. (§583.) Provision, when of force. This Article shall not ^y 890 " 1, 
go into effect in any county in this State until it is recommended} 89 ^; J; g 5 - 
by the grand jury of said county, said recommendation to be made 
at any term of court, and the operation of this article shall be 
suspended in any county of this State upon a like recommendation 
of the grand jury, made at any term of court, after the lapse of three 
years from the time this article goes into effect. 



ARTICLE 3. 

Alternative Four-Days Road Law. 

§705. Election, when and how held. On the filing of any petition 
with any ordinary, signed by one hundred and fifty or more voters 
of the county of such ordinary, asking for an election to be held to 
determine whether the following plan shall be adopted for working Acts 1896, 
the public roads of said county, the ordinary shall make an order 
providing for an election, and shall appoint a day for the same, and 
public notice of the date of the same, for four successive weeks in p s e ° 4 ^ Code - 
the newspaper in which the legal advertisements of such county are 
published ; on the day appointed an election shall be held at the 
election precincts in such county, under the laws of this State con- 
trolling elections, and the consolidated returns shall be made to 
the ordinary of such county. No additional or other registration 
shall be required of voters at such election, but the registration had 
at the next preceding election shall be sufficient for any election 
under this article, and- the name of any legal voter may be added 
to the list of voters by the registrars on his taking the required 
oath, unless the board of registrars decide that such voter is dis- 
qualified. Voters shall have written or printed on their ballots the 
words "For the four-days law," or "Against the four-days law." 
In the event that "For the four-days law" shall have a majority 
of the votes cast at such .election, the ordinary shall so declare by 
appropriate order, and thereafter the following shall be the road 
law of that county. 

§706. Men subject to road duty or commutation tax. Each male ^los 903 ' 
inhabitant of such county between the ages of twenty-one years and} 8 , 9 ^; £ J|; 
fifty years, who is not physically or mentally disabled, shall be sub- 
ject to road duty four days for eight full hours in each day in each 
year, and no more; provided any such person may be exempt from 
road duty by paying to the overseer the sum of three dollars or 
such amount as the road authorities shall fix, equivalent to four days ' 



§§707-709 SIXTH TITLE.— CHAPTER 12, ARTICLE 3. 188 

Alternative four-days road law. 



labor at the time notice is given to work on said road, and the over- 
seer shall receipt such person for the commutation tax and shall 
apply the same to the use of the road where the person was warned 
to work. 

§707. Road tax. It shall be the duty of the board of commission- 
ers or other taxing authorities of such county to levy a tax of not 
less than ten or more than twenty-five cents on each one hundred 
dollars of taxable property in such county, which shall be collected 
where and as the general tax is collected ; and when the same is 
collected the said board shall apportion the same to the different 
districts of said county in proportion to the amount of taxable prop- 
erty of each, to be applied as hereinafter provided to the improve- 
ment of the public roads of each district. 

Act io3 903 ' § 708, Apportionment of road tax. It shall be the duty of the au- 

thority of such county having charge of the appointment of dis- 
trict road commissioners under existing laws to appoint three dis- 
creet and suitable persons as district road commissioners, whose 
duty, in addition to that imposed by law, shall be to apply the ad 
valorem tax apportioned to their districts to the improvement of 
the roads of their respective districts in such manner as to them may 
seem expedient and best for the improvement of the public high- 
ways, and to this end they may employ overseers, labor, wagons and 
teams, and purchase material of every kind, tools and implements. 
The commissioners are authorized to use their discretion in the 
manner of working and improving the roads of their respective 
districts, but shall make no contracts and incur no liability beyond 
their ability to pay with funds raised for the year in which the 
liability is incurred. They shall keep a book of minutes showing 
all their acts, and a book of warrants in which shall be copied by 
them all the warrants they may draw on the county treasurer. 

§709. Road hands, how apportioned and work done. It shall be 
the duty of the district commissioners, as. soon as practicable after 
the 1st day of January of each year, to apportion the persons subject 
to road duty residing in their respective districts upon the different 
roads thereof, to appoint overseers and cause the work for the time 
required of the road hands, under the provisions of this article, to 
be done in the manner indicated by and subject to all the provisions 
of the general road law of this State as it appears in the Code, which 
is of force, except as changed by this article ; and such commission- 
ers, so far as possible, shall work the roads of their respective dis- 



189 SIXTH TITLE.— CHAPTER 12, ARTICLE 3. §§710, 711 



Alternative four-days road law. 



tricts at such time as will least interfere with the agricultural pur- 
suits of the people. 

§710. Oaths of commissioners and overseers. Road commission- ^, ct f 8 1896 ' 
ers, before entering upon the duties assigned them, shall be sworn 
faithfully and diligently to perform their duties as such road com- 
missioners, and they shall administer to the overseers appointed by 
them oaths for the faithful and diligent performance of their duties 
as such overseers. 

§711. Road working plan optional with the counties. It shall be 
optional with the counties to adopt the road-working plan provided 
by article 2 or that provided by this article, as the counties may 
express their preference, as provided by law, but in all cases the 
plan adopted by popular vote shall prevail until superseded by law ; 
provided, that this article shall not repeal or affect any general 
or local law now of force, except in such counties as may adopt 
this article. On the filing of a petition with any ordinary Acts 1906, 
in this State, signed by one hundred and fifty or more voters of 
the said county, asking for an election to be held to determine 
whether the plan provided by this article for working the public 
roads shall be suspended or not, the said ordinary shall make an 
order providing for an election, and shall appoint a day for the 
same, and shall publish the same for four successive weeks in the 
newspaper in which the legal advertisements of said county are 
published. On the day appointed an election shall be held at the 
election precincts in said county under the laws of this State con- 
trolling elections, and the consolidated returns shall be made to the 
ordinary of said county. No additional or further registration of 
voters of said county shall be required of the voters of said county, 
but the registration had at the last preceding election shall be suffi- 
cient for an election under this section, and the name of any legal 
voter may be added to the list of voters by the registrars on his 
taking the required oath, unless the said board of registrars decide 
that said voter is disqualified. Voters shall have written or printed 
on their ballots the words "For the repeal of the four-days law," 
or "Against the repeal of the four-days law." In the event that 
"For the repeal of the four-days law" shall have a majority of the 
votes cast at such election, the ordinary shall so declare by proper 
order the said "four-days law" provided by this article shall be 
suspended from operation in said county, and the road law in force 
on the 24th day of December, 1896, shall be in force. 



§§712,713 SIXTH TITLE.— CHAPTER 12, ARTICLE 4. 190 



Alternative road law in certain counties. 



ARTICLE 4. 

Alternative Road Law in Certain Counties. 

I^iiof 8, §712. Road hands, commutation tax. It shall be the duty of the 

ordinary, or commissioner of roads and revenues, to provide for the 
working of all public roads in said counties hereinafter specified. 
The same persons who are subject to road duty under the laws as 
they now exist, shall be subject to road duty under this article be- 
tween the ages of twenty-one and fifty years, and each person shall 
be subject to work on the public roads in the district in which he 
resides not more than four days in each year; but any person sub- 
ject to road duty may relieve himself from said duty, by paying to 
the person authorized to receive the same the sum of not exceeding 
one dollar for each day he may be required to Avork, and a receipt 
from said party in any district shall be good and sufficient to relieve 
him from road duty for that year in any other district in said 
county: provided, said receipt shall be for so many dollars as he 
is summoned days to work. 

^no. 898 ' §713. Road overseers, compensation of. The road overseers, when 

appointed as is provided, shall be paid the sum of not exceeding 
one and one half dollars per day for each day that he actually 
works the roads, including the time required to summon the hands, 
as hereinafter provided for, said time to be judged of by the 
commissioner. They shall have charge of all the roads, and re- 
port the condition of the same to the road commissioners of the 
district, who shall direct them when and where to begin work. 
They shall then summon, under the direction of the road commis- 
sioners, such a number of hands as can be worked to the best ad- 
vantage at one time, and proceed to work them on the roads. If 
the hands so summoned prefer to pay, and do pay, a commutation 
tax in lieu of work, they shall pay the entire amount of the commu- 
tation tax required of them for the number of days for which they 
have been summoned to work, and the overseers are authorized and 
required to receive and receipt therefor, and shall proceed to summon 
other road hands necessary to fill up the number required. They 
•shall continue to summon hands as those first summoned work out 
their time or pay the commutation tax, and shall continue to work 
on the roads from time to time, as directed by the commissioner, until 
all the roads in the district are put in good order, or until all the 
hands have been exhausted. They shall then continue to work the 
roads with such other hands as the road commissioners may author- 



191 SIXTH TITLE.— CHAPTER 12, ARTICLE 4. §§714-716 

Alternative road law in certain counties. 

ize them to employ. They shall take charge and care for all tools, 
implements, teams, and supplies furnished them by the district com- 
missioners. In summoning hands regard shall be had, as far as 
practicable, to the roads nearest to the place where the hands sum- 
moned live in the same district. 

§714. Time required of each hand. Road tax. Whenever the road Act ^J 898 ' 
commissioners of each district have assessed the number of days 
each road hand in their respective districts shall be required to work, 
not to exceed four days in each year, and have furnished the ordi- 
nary of said county with a list of road hands, and the number of 
miles of public roads in their respective districts, the ordinary, at 
the time when he assesses the taxes for other county purposes, shall 
also assess an ad valorem tax on all property in said county, not 
less than ten cents nor more than twenty cents on each one hundred 
dollars' worth of property, to be collected as other county taxes are 
collected, and paid over by the tax-collector to the county treasurer 
as a public-road fund, and be paid out for road purposes upon the 
order of the ordinary, who shall be, by virtue of his office, chairman 
of a board of roads and revenues, to be composed of the ordinary 
and one road commissioner from each district, who shall be elected 
by the road commissioners of each district from their number on 
the first Monday in January of each year ; provided, that they may 
elect on the first Monday in any month to fill vacancies. 

§715. Tax prorated between districts. It shall be the duty of^f^J 898, 
said board to prorate the road tax to the several districts, according 
to the number of miles and character of roads in each district. Said 
board shall receive the same compensation per diem as is allowed 
grand jurors in said county. The cost of all tools and implements 
purchased by the commissioners of any district for working the 
public roads shall be deducted from the amount prorated or appor- 
tioned to such district or districts. 

§716. Road money, how expended. All commutation tax collected ^^J 808, 
by the district overseers shall be paid by them to the district com- 
missioners, who shall receipt them for the same. All money re- 
ceived by said commissioners for commutation tax and all moneys 
received by them from the county authorities on an ad valorem tax 
shall be used by the said commissioners in having the roads worked 
to the best advantage in their respective districts, and on or before 
the 31st day of December of each year the road commissioners shall 
make out and furnish to the county authorities a full and complete 
tabulated statement of the amount of money received and expended 



§§717-721 



SIXTH TITLE.— CHAPTER 12, ARTICLE 5. 



192 



Road duty and commutation tax in certain counties. 



on the roads in their several districts, and shall exhibit receipts show- 
ing for what and to whom paid. k 



Acts 1898, 
p. no. 



§717. Ad valorem tax, how paid. Any person subject to pay an 
ad valorem tax under this article shall be allowed the right and 
privilege to pay the same in material furnished, or labor with team 
performed on the public roads that they may be assigned to by the 
district commissioners, the price of which shall be regulated by said 
commissioners. A receipt therefor from the overseers and approved 
by one of the commissioners of said district shall be received by 
the tax-collector of said county in payment of said ad valorem 
road tax. 

§718. Bonds of overseers and commissioners. The road overseers 
who collect the commutation tax, and the commissioners who receive 
the same, or other road money, shall give good and sufficient bond, 
payable to the ordinary of said county. 

§719. Counties to which sections apply. The provisions of this 
article shall not become of force in any county where tie provisions 
of article 2 have been adopted as provided by law, until the grand 
jury of said county shall have recommended and adopted the provi- 
sions of this article; provided, that the provisions of this article 
shall not go into effect in any county until it has adopted the pro- 
visions of article 3. 



Acts 1903, 
p. 106. 
1908, p. 99. 



ARTICLE 5. 
Road Duty and Commutation Tax in Certain Counties. 

§720. Road duty and commutation tax in certain counties. In all 

counties in this State having an organized chain-gang and having a 
city of not less than seventeen thousand inhabitants nor more than 
twenty-three thousand inhabitants according to the census of the 
United States, the time of work required of each person subject to 
road duty shall not exceed four days in each year ; and each person 
so subject to road duty shall have the privilege of paying to the 
proper county authority having in charge the working of the public 
roads in such counties the sum of two dollars at such time as may 
be fixed by such authority, and be fully discharged of such road 
duty for the year of such payment. 

§721. Where required to work. No person subject to road duty 
in such counties shall be required to work the public roads without 
the limits of the militia district in which he resides. 



193 SIXTH TITLE.— CHAPTER 12, ART. 6, SEC. 1. §§722-728 

Commissioners of public roads ; appointment and obligation to serve. 

§722. Age limits. No person under eighteen years of age nor over 
fifty years of age shall be subject to road duty in such counties. 

§723. Tax, how expended. The fund so raised from the commuta- 
tion tax shall be expended as provided by existing laws. 



ARTICLE 6. 
Commissioners of Public Roads. 



SECTION 1. 

Appointment and Obligation to Serve. 

§724. (§584.) Three commissioners for each district, two may act. Act isis, 
* v s J m . . Cobb > 947 - 

There shall be three commissioners for each road district, any two§ 843 - 

of whom may act, and in case there is only one in a district, that one 

is invested with all the powers of the three until the vacancies are 

filled. 

§725. (§585.) How appointed. Such commissioners are appointed 
or reappointed by the ordinary biennially, and, whenever necessary, 
to fill vacancies at any time. 

§726. (§586.) Compelled to serve. Those thus appointed are com- A ^ 81 ^ 7 
pelled to serve, unless excused by such ordinary, who shall receive Acts ists, 
for such excuse providential cause only : 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. 

§727. (§587.) Notified in writing. As soon as appointed, they 
shall be notified thereof in writing within ten days thereafter by the 
ordinary, and if such appointees do not, within ten days after re- 
ceiving such notice, file their excuse in writing, under oath, in such 
ordinary's office, they shall be considered as having accepted. 

§728. (§588.) Exemptions of commissioners. Such commission- 
ers, while in office, are exempt from all jury, patrol, militia, and 
other road duty. 



§729 SIXTH TITLE.— CHAPTER 12, ART. 6, SEC. 2. 194 



Duty of road commissioners. 



SECTION 2. 
Duty of Road Commissioners. 

94-.94S. §729. (§589.) Duties. It is their duty- 



Act 1818, 
Cobb 



5G6S. 



1. To appoint, within fifteen days, one or more persons in their 
respective districts as overseers of the road. 

2. To apportion the roads and hands under their charge at the 
same time as equally and fairly as possible, and to furnish the sev- 
eral overseers with a list of the roads and hands under their respec- 
tive charge. 

§ e7i°' 66 °' 66? 3. To hear and determine upon all cases of default or other viola- 
tion of the road laws within their jurisdiction (if not indictable 
only) at a court to be held by them within twenty days after every 
road-working, or as often as emergencies may require, and to issue 
executions or other process against the convicted. 

^ ct i 9 . ' 4. To expend as in their judgment will best serve the public good, 

all moneys coming into their hands from defaulting road hands, and 
from fines imposed upon and collected from overseers : Provided, 
that such moneys are to be applied to improvements respectively of 
the roads whereon such defaulters may have been required to serve. 

^ ct i46 88 °' 5. To cause to be served upon road defaulters three days notice in 

writing, of the time and place of the meeting of such commissioners 
for the trial of defaulters. Such notice to be served by the overseer 
of roads or the constables of their respective militia districts upon 
such defaulters personally or by leaving the same at their most no- 
torious place of abode. 

6. To keep a book in which to enter — 

(1) The several hands in their respective districts subject to road 
duty; to what roads and what parts thereof assigned, and under 
what overseer ; changing and correcting it from time to time, as may 
be necessary. 

(2) A list of all defaulters and persons fined, the amounts fined, 
amounts paid, what disposition made of the money, what executions 
issued and unpaid. 

7. To pay to the county treasurer, as soon as collected, that por- 
tion of the fine-money belonging to the county, to be used in the re- 
pairing or building of public bridges and causeways ; and annually, 
on the first of December, to report to the ordinary the condition of 
the public roads and bridges in their respective districts, the state of 
the finances, what executions are outstanding and unpaid, and their 
condition. 



195 SIXTH TITLE.— CHAPTER 12, ART. 6, SEC. 3. §§730-732 

Proceedings against road commissioners. 



8. To inspect from time to time the public roads, bridges, and fer- 
ries within their districts, notice the character of the repairs, and 
observe if such road is regularly posted and direction boards put up 
as required by law, and if said bridges and ferries are in proper 
repair. 

9. To exercise a general supervision over their respective over- 
seers, and to fine them for neglect of duty, and to see that persons are 
indicted for the offenses set forth in the road laws. 

10. To administer all oaths relative to the road laws, connected 
with their duties. 

§730. (§590.) May punish for contempt. All road commission- A ^ ts 79 lss - 3 ' 
ers' courts in this State, when convened as such, may fine for con- 
tempt in any amount not to exceed five dollars or imprisonment not 
to exceed five hours, and any constable of the county in which the 
road commissioners' court is held is empowered to execute sentence 
of said courts. 



SECTION 3. 
Proceedings Against Road Commissioners. 

§731. (§591.) Proceedings against commissioners for neglect of^ ct i 8 1S66 ' 
duty. Whenever the grand jury in any county in this State shall 1 " ' p ' 
present any road commissioners for neglect of duty generally, or in 
any particular, it shall thereupon be the duty of the clerk of the 
court to issue a summons in writing, directed to such commissioners, 
commanding them to be and appear at the next term of the superior 
court in which the presentment is made, to answer the accusation 
of the grand jury, which said summons shall be served by the sheriff 
upon the commissioners at least twenty days before the court to 
which the same is returnable ; and if, upon the investigation of the 
case, it shall appear that the accusation is made out by the proof, 
the judge shall thereupon impose upon such commissioners a fine 
not less than ten dollars nor more than two hundred dollars. 

§732. (§592.) Complaint against road commissioners. Any citi- ^^J 884 5 - 
zen, by petition in writing to the ordinary, judge of the county 
court, or board of commissioners of roads and revenues, as they may 
respectively have jurisdiction over the appointment of road commis- 
sioners, may make complaint against any road commissioners ap- 
pointed for any road district of the petitioner's county, for neglect 
of duty generally or in any particular, which petition shall be sworn 
to ; and it shall thereupon be the duty of the officer to whom* such 



§§733-736 SIXTH TITLE.— CHAPTER 12, ART. 6, SEC. 4. 196 

Roads, how assigned ; discharge of commissioner. 

petition is addressed to issue a summons in writing, directed to such 
defaulting commissioners, commanding them to be and appear before 
such county authorities, at the usual place of sitting, on a day cer- 
tain, to answer the accusation in the petition contained, which sum- 
mons shall be served by the sheriff or his deputy upon the commis- 
sioners complained against, at least twenty days before the day of 
hearing; and if, upon investigation of the case it shall appear that 
the accusation is made out by the proof, the county authorities shall 
impose a fine upon such commissioners of not less than ten dollars 
nor more than two hundred dollars. If such commissioners have 
been duly cited and served and fail to appear, the, tribunal to which 
such summons is made returnable may proceed ex parte, and execu- 
tion shall issue against such commissioners for any fine imposed, 
which shall be executed by the sheriff or his deputy, and the lien 
of such execution and the property subject thereto shall be the same 
as against defaulting road-workers. 

§733. (§593.) Penalty. Upon the hearing of the case against such 
defaulting commissioners, it shall be lawful for the tribunal trying 
the case to impose an alternative punishment of imprisonment in the 
county jail for a term not exceeding ten days, and if the tribunal 
hearing the case shall fine such commissioners, they shall there- 
upon be removed from office, and other commissioners shall be forth- 
with appointed in their place. 

§734. (§594.) Failure to appear. If they have been duly cited 
and served and fail to appear, the court may proceed ex parte. 

§ GT1 §735. (§595.) Clerk shall issue execution. The clerk of the court 

is directed to issue executions against them for the fine and costs, 
which shall be executed by the sheriff. The lien of such executions, 
and the property subject thereto, are the same as those against de- 
faulting road-workers. 



SECTION 4. 

Roads, How Assigned ; Discharge of Commissioner. 

A cobb 81S 949 § 736 - (§ 596 ) A public road being a district line. When any pub- 
lic road may be on a road-district line, and the ordinary has not spe- 
cially assigned it to any particular district or set of commissioners, 
the commissioners of each district shall co-operate in arranging the 
hands and appointing the overseers for such road. 



197 SIXTH TITLE.— CHAPTER 12, ARTICLE 7. §§737-743 

Inspectors of roads and bridges. 

§737. (§597.) Books, who furnishes. The book such commission- 
ers are required to keep must be furnished by the ordinary, at the 
expense of the county, and out of the road money, if any, and when 
full must be deposited in his office. 

§738. (§598.) Commissioners, by whom discharged. After the 
commissioner has faithfully served through the term of his appoint- 
ment, he may obtain from the ordinary a certificate of such fact. 



ARTICLE 7. 

Inspectors of Roads and Bridges. 

§739. Inspectors, duties, and control of. The commissioners of A p ct | 9 1S99 ' 
roads and revenues for all counties in this State having a population 1902 - p - 104 - 
of more than fifteen thousand people, according to the census of the 
United States, shall have the power, upon recommendation of the 
grand jury, to employ one or more persons to be known as "In- 
spector of Roads and Bridges;" provided, that nothing in this arti- • 
cle shall affect counties having over eighty-five thousand population 
already having such system as herein provided. 

§740. Duties of inspectors. It shall be the duty of such inspectors §852 - 
to examine routes for new roads and report thereon, to make con- 
stant and careful examination of the existing roads and bridges of 
the county for which they may be appointed, and report the condi- 
tion of the same to the commissioners as often as may be necessary 
and as often as directed by the commissioners ; to guard and look 
after the county chain-gang and capture escapes therefrom, and do 
all such other things in reference thereto when and as directed by 
the commissioners. 

§741. May be deputy sheriffs. The sheriff of any county which ^J 2, 3341, 
employs such inspectors shall, on the request of the commissioners, 
appoint them deputy sheriffs, and as such they shall have power 
to make arrests for any violations of the criminal laws of this State, 
as other deputy sheriffs, but as to all arrests such inspectors shall re- 
port to the sheriff of their county as other deputy sheriffs report. 

§742. Chief inspector. Where more than one inspector shall be 
appointed in any county, the commissioners shall have power to 
designate one of them as "chief inspector." 

§743. Control of inspectors, their salaries and tenure of office. 

Said inspectors shall be under the control of the county commis- 



§§744-747 SIXTH TITLE.— CHAPTER 12, ART. 8, SECS. I, 2. 1 98 

Bridges, ferries, turnpikes, and causeways ; classification ; jurisdiction of ordinary. 

sioners and such rules as the commissioners may make in pursuance 
of law; they shall be employed subject to be discharged at any time 
by the commissioners for any cause satisfactory to them, and shall 
have such salaries out of the county treasury as the commissioners 
may think right and proper. 



ARTICLE 8. 
Bridges, Ferries, Turnpikes, and Causeways. 



Act 1799, 
Cobb, 943. 

§6446. 



§771. 



SECTION 1. 

Classification. 

§744. (§599.) Public bridges, ferries, causeways, etc. All bridges 
or ferries, turnpikes, or causeways erected or permitted by any act 
of the General Assembly, if not otherwise provided, or by order of 
the ordinaries, for public purposes, are declared to be public. 

§745. (§600.) Bridges, ferries, etc. They are divided — 

1. Those established by the county which are free to every one. 

2. Those established by the county where toll is charged gener- 
ally or specially. 

3. Those established by individuals under the authority of law 
or by virtue of a prescriptive right. 

4. Those established by individuals without such rights, who ac- 
commodate the public or any portion of them for compensation. 



SECTION 2. 

Jurisdiction of Ordinary. 

§746. (§601.) Ordinary may establish for benefit of county. The 
ordinary may put a ferry or causeway, or both, or may establish a 
toll-bridge for the benfit of the county ; but when on any such county 
bridge, ferry, or causeway toll is charged, the county is liable as in- 
dividuals owning them, and the owners of lands must be compen- 
sated as in other cases. 

A cobbf°945. §747- (§602.) Power of ordinaries over public bridges, ferries, 
^obb 81 ^ causeways, etc. The ordinaries of the several counties have au- 
§4796.' thority— 



199 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 3. §748 

Contractor's liability and bond. 

1. To appoint the places for the erection of public bridges, county 
ferries, turnpikes, and causeways, and to make suitable provision for 
their erection and repairs by letting them out to the lowest bidder, 
hiring hands, or in any other way that may be for the public good 
and agreeable to law. 

2. To require sufficient bond and good security for the faithful §§748, 767. 
performance of all such work and contracts, and to indemnify for 

all damages occasioned by a failure so to do. 

3. To license any person to establish such bridge, ferry, turnpike, 
or causeway, not exceeding ten years, which may be renewed at the 
expiration thereof. 

4. To fix the rates of toll for crossing any such where the toll can 
lawfully be charged, and regulate those previously established, or 
that may afterwards be established, so as to conform to what is 
both reasonable and usual on such watercourses : Provided, such 
charges are not specially regulated by the General Assembly in some 
act of incorporation to the exclusion of such ordinaries. 

5. To exercise a general supervision over such, and see that they 
are kept in proper order and properly attended to, and to require, 
from time to time, as the occasion may demand, sufficient bond and 
good security from the proprietors thereof, conditioned for their 
keeping in repair a sufficient and safe bridge, flat, rope, turnpike, or 
causeway, and all other appointments necessary for a good ferry and 
competent and faithful attendance by day and night, and to indem- 
nify the public against all damages by reason of a failure so to do. 



SECTION 3. 

Contractor's Liability and Bond. 

§748. (§603.) Condition of contractor's bond. When a public Acts isss, 
bridge, ferry, turnpike, or causeway is let out, the contractor must in §§767, 7es, 747 
his bond make a condition also to keep it in good repair for at least 
seven years, and as many more years as the contract may be for: 
Provided, that such contract may be let out under existing laws with- 
out requiring the aforesaid condition in the contractors' bonds, if, 
in the opinion of the commissioners of roads and revenues, or of the 
ordinary in counties where there are no such commissioners, it would 
be to the public interest to dispense with said condition in said 
bond : Provided, however, that in every case the county shall be 
primarily liable for all injuries caused by reason of any defective 
bridges, whether erected by contractors or county authorities. 



§§749-755 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 4. 



200 



Bridges and ferries between different counties. 



§747 (2). 



§§767, 768. 



§754. 



Act 1818, 

Cobb, 949. 
§751. 



§749. (§604.) Bond must be approved. All bonds taken from con- 
tractors or proprietors must be approved by the ordinary, filed in 
his office and by him recorded in books kept for that purpose. 

§750. (§605.) Additional bond may be required. If when an addi- 
tional bond is required it is not given within ten days from the 
time the proprietor, or his agent, is notified by the ordinary, the 
license must be revoked. 

§751. (§606.) Roads, bridges, etc., to be kept in repair. When any 
such work shall require repairing, it is the duty of any one or more 
road commissioners, in whose road district the same is, to give notice 
in writing to the contractor or one of his sureties, stating the re- 
pairs necessary to be made, and requiring them to be done within a 
reasonable time, stating the time. 

§752. (§607.) Repairs, by whom to be made. If such repairs are 
not made within the time required, they shall employ some other per- 
sons forthwith to make them, and upon report to the ordinary of 
their cost, he shall issue an execution against such contractor and 
his sureties for the expense of such repairs and the costs. 

§753. (§608.) If defendant resists payment of such execution, how 
tried. If the defendant resists the payment of said execution at 
law, it must be returned for trial by jury, if demanded, either to the 
justice's court of the district where the defendant resides upon whose 
property the levy is made, or to the superior court of the county, 
according to the principal amount thereof. 

§754. (§609.) Contractors can not be road commissioners. Per- 
sons who have undertaken the building or keeping in repair any 
bridge, ferry, turnpike, or causeway, or are surety for such persons, 
can not be road commissioners of the road district which embraces 
such, and if, after having been appointed, they become such contrac- 
tor or surety, the ordinary must declare a vacancy and appoint some 
other persons in their stead. 



Act 1818, 
Cobb, 949. 
§§419, 423. 



SECTION 4. 

Bridges and Ferries between Different Counties. 

§755. (§610.) Bridges, etc., crossing county lines, how kept up. 
"When a bridge or ferry is necessary over any watercourse which 
divides one county or more counties from each other, each county 
must contribute equally toward the building and keeping the same 



201 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 5. §§756-761 



Private ferries and bridges ; tolls, etc. 



in repair, or in such proportion as would be just, taking into con- 
sideration the taxable property of each, and the amount expended 
by each in construction of bridges and other passways. 

§756. (§611.) The remedy when one county refuses to contribute. ^JfgJk 

If any county refuses to undergo its fair proportion of such ex- 
penses, the other county or counties may construct the work, compel 
the other to contribute by suit, and, until such contribution takes 
place, may have exclusive control thereof, and charge toll thereon 
against all the citizens of the refusing county. 

§757. (§612.) Toll-bridges, etc., crossing county lines, how li- 
censed. The toll-bridges or ferries over watercourses making county 
lines may be licensed by either county, and in such cases the bonds 
must be approved, filed, and recorded in the county where the license 
is granted. 



SECTION 5. 

Private Ferries and Bridges; Tolls, etc. 

§758. (§613.) No private ferry shall be established, when. No§§3640, 780. 
private ferry charging toll shall be established on any watercourse 
within three miles of where public bridges are previously erected 
and kept up, but bridges may be erected at the public expense at 
places on the same stream, other than those where bridges are pre- 
viously erected, if not violative of any special provision of the law. 

§759. (§614.) Distance, how computed. When exclusive right is§ 3639 - 
granted to any person to prevent others from erecting bridges or 
ferries, or the like, within a given distance from the same, it shall 
be computed by the course of the stream. 

§760. (§615.) Posting rates of toll. Every proprietor of bridges, Ac * 1808 - 
ferries, turnpikes, and causeways, where toll is allowed to be Acts isso, 
charged, must fix a board in a conspicuous place, as near the sarne]^- p- 52 - 
as practicable, on which shall be the various rates of toll. 

§761. (§616.) Landowner may construct bridges, etc., on his own Act isso, 

... (.i-ti -i-i.i Cobb, 958. 

land. Any person who may be the owner of any land through which §§3639, 765, 
a stream may pass, on both sides thereof, may establish any bridge 
or ferry thereon, at his expense, and may charge lawful toll for 
crossing, according to the rates of other bridges and ferries on the 
same stream, or, if none other, the customary rates over such streams 
elsewhere. 



§§762-768 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 5. 202 

Private ferries and bridges ; tolls, etc. 

j§764, 760. § 762< (§617.) Excessive rates shall not be demanded. If such 

person shall demand excessive rates, any person may complain to 
the ordinary of the county, and if the rates are excessive, he must 
reduce and fix them. 

§763. (§618.) Rates to be examined annually. The ordinary of 
each county must once each year examine the rates charged in their 
counties, and keep fixed the rates of toll for the several bridges, 
ferries, turnpikes, and causeways within the limits of their county, 
which have the right to charge them, and must enter the same on 
their minutes. 

A r<36 1859 ' §764. (§619.) Persons making excessive charges, how punished. 

876 °- If any person shall charge more than the lawful rates, or more than 

indicated by the board, for the second offense, in addition to the fine, 
he forfeits his franchise. 

i" 61 - §765. (§620.) Fords, bridges, etc., not to be obstructed. No per- 

son authorized to have a bridge or ferry on his own land will be per- 
mitted to stop up or obstruct any ford, bridge, or ferry. 

$819 - §766. (§621.) Bridges, etc., not to be discontinued. After a per- 

son has once established such bridge or ferry, he shall not discon- 
tinue the same without first giving public notice thereof by advertise- 
ment posted on the court-house door and in a public gazette, if there 
is one published in the county, for at least sixty days. 

A cobb 8 °o45 §767. (§622.) Proprietors liable for neglect. Any proprietor of 

sg48-754, 7i7 an y bridge ferry, turnpike, or causeway, whether by charter or pre- 
scription, or without, or whether by right of owning the lands on the 
stream, are bound to prompt and faithful attention to all their duties 
as such; and if any damage shall occur by reason of non-attendance, 
neglect, carelessness, or bad conduct, he is bound for all damages, 
even if over and beyond the amount of any bond that may be given. 

S III 8 (1? 4 ' 384, § 768 - (§ 623 -) 0n failure to take bond the county is liable. The 
provisions of the preceding section apply to all contractors for the 
establishment of such, when damages accrue from want of good 
faith in performing their several contracts, and if no bond or suffi- 
cient guarantee has been taken by the ordinary, the county is also 
liable for the damages. 



203 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 6. §§769-773 

Liability for detention, detective bridge, excessive toll, etc. 

SECTION 6. 
Liability for Detention, Defective Bridge, Excessive Toll, etc. 

§769. (§624.) Persons shall not be detained at public crossings. 

Any person unreasonably detained at a public ferry, toll-bridge, 
turnpike, or causeway, may for each detention recover of the owner 
ten dollars before any justice of the county. 

§770. (§625.) Persons charging toll after charter expires. If any§ 7S6 - 
person demands or receives toll for crossing any ferry, bridge, or 
causeway, or turnpike, after the revocation of his license or for- 
feiture of his charter, or, having a right for a ferry, allows the banks 
on either side to be out of repair for more than five days at any one 
time, or fails to provide good and safe boats of a size sufficient for 
the accommodation of the public, furnished with competent and suffi- 
cient ferrymen, for the safe and speedy passage of all persons, ve- 
hicles, horses and stock, or, in case of a toll-bridge or causeway, fails 
to keep the same in good repair, without a reasonable excuse for such 
failures, to be determined by the court, he is guilty of a misde- 
meanor. 

§771. (§626.) Private ferries. If any person who keeps a pri- §745 (3) - W- 
vate bridge, ferry, turnpike, or causeway, passes any person for toll, 
the owners incur the same liability and penalties as those permitted 
by law. 

§772. (§627.) Remedy against delinquent bridge owners. If any Act | 3 1872 - 
owner of any chartered toll-bridge or turnpike road, the charter of 
which was granted by any of the courts, or by the legislature of this 
State, shall fail or refuse to keep the same in good repair, and in 
terms of the provisions of its charter, it shall be the right of any per- 
son to file with the ordinary of the county in which such charter 
was granted, a petition (in writing) setting forth the parties and the 
facts, and praying for the remedy hereinafter set forth. 

§773. (§628.) Citation, service, and jury. On the filing of said A r f y 872 - 
petition with the ordinary, he shall issue a citation, directed to the 
sheriff of said county, his deputy, or any lawful constable, requir- 
ing the defendant to appear before him at the court-house of said 
county, on a day therein named, to defend said suit. A copy of said 
petition and citation shall be served upon the defendant, either in 
person or by leaving the same at his most notorious place of abode, 
or, if he be without the county, then upon the gate-keeper, at least 
fifteen days before the time for trial. And said ordinary shall also 



§§774-777 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 6. 204 



Liability for detention, defective bridge, excessive toll, etc. 



cause a jury of twelve men to be summoned to try the issue in such 
case. 

A pp ts 83. 72 84. § 774 - (§ 629 -) Issue > oatn of ]wry, continuance. When said cause 
is called and set down for trial, the ordinary shall cause an issue of 
facts to be made upon the pleadings and tried before said jury. The 
jurors shall take the general oath prescribed for jurors in common- 
law actions in the superior courts of this State : Provided, that either 
party shall have the same rights of continuance as in other cases at 
common law, and, in case of continuance, the ordinary shall fix the 
time of hearing the same. 

*ct 8g4 i872, §775. (§630.) Verdict, and its effects. On the return of the verdict 

of the jury, if the issue be found in favor of the defendant, judg- 
ment shall be entered against the plaintiff for costs of suit; but if 
the issue be found against the defendant, judgment shall be entered 
against said defendant for costs of suit, and also suspending his 
right to collect further tolls on said bridge or road until after the 
next term of the superior court of said county, after which it shall 
not be lawful for any tolls to be collected on any such bridge or road 
during the operation of said judgment : Provided, however, that the 
owner or any person interested in such toll-bridge or turnpike road 
may afterwards put the same in good repair, and on making the same 
clearly appear to the ordinary, said ordinary may enter an order 
vacating said judgment, so far as the same operates as a suspension 
of the right to collect tolls. 

A p. tS 84 1872 ' § 776 - (§ 631 -) Proceedings may be at any time ; fees. All the pro- 

ceedings set forth in the four preceding sections may be had in term 
time or during vacation ; and the fees of the ordinary for the whole 
service shall be five dollars, the jurors one dollar each for every day 
engaged, and the sheriff's or constable's fees — the usual fees for like 
services. 

§777. (§632.) Injuries ; avoiding payment. If any person break or 
injure any gate to a toll-bridge, turnpike, or causeway, or obstruct, 
injure? or destroy such bridge or causeway, pass round or under the 
same with intent to avoid the payment of toll, such person forfeits 
to the owner ten dollars for each of such acts, and is also liable for 
the damages. 



205 SIXTH TITLE.— CHAPTER 12, ART. 8, SEC. 7. ART. 9. §§778-785 

Right of way ; grants, how construed ; turnpikes and turnpike companies. 

SECTION 7. 

Right of Way; Grants, How Construed. 

§778. (§633.) Right of way. Damages for the right of way are to § |gj 807 - 811 ' 
be assessed in the manner prescribed for public roads and private 
ways. 

§779. (§634.) Grants to land. Grants to land on watercourses, §3639 ' 
with the appurtenances, convey no right of public bridge or ferry. 

§780. (§635.) Grant for ferry. The grant of a ferry franchise §|g">- ssoo, 
conveys no right to build a bridge, or the contrary. 

§781. (§636.) Value of land, how estimated. In determining the§§ 689 - 4394 - 
value of land taken for a bridge, its prospective value as a bridge 
site and its present value as a ferry, if one is in use, may be taken 
into the calculation. 



ARTICLE 9. 

Turnpikes and Turnpike Companies. 

§782. (§637.) Commissioners of turnpikes. There shall be in each §2841 - 
county of this State, through which any turnpike road passes, or 
through which any part of any turnpike road passes, a board of com- 
missioners, to be known as commissioners of turnpikes. 

§783. (§638.) Number and election. Said board shall consist of Acts ists-o, 

5 v s J < p. 74. 

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 ; and any person qualified to vote and hold office 
under the Constitution and laws of this State shall be eligible as 
such commissioner. 

§784. (§639.) Report and certificate of election. The several Acts 1878-9, 
grand juries so electing commissioners shall 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 the 
clerk of the superior court of the county shall 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. 

§785. (§640.) Term of office. The commissioners selected shallActs is7s-9, 

p. 74. 

hold their offices for the term of two years, and until their success- 
ors are elected in the manner first herein pointed out. 



$§786-791 SIXTH TITLE.— CHAPTER 12, ARTICLE 9. 206 



Turnpikes and turnpike companies. 



Act.^1878-9, §786> (§641.) Duty of commissioners. It shall be the duty of said 
§77 °- boards of commissioners to inspect the condition of any and all turn- 

pike 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, re- 
spectively ; and that the tolls charged are not greater than allowed 
by such charters. 

p. t i26? 8 *" 5, §787. (§642.) Maximum grade of turnpike. The maximum grade 
of all turnpike roads in this State shall not exceed one foot in fifteen, 
unless a steeper grade has been allowed in the charter. 

A p ct i 2 Jf 84 " 5 ' §788. (§643.) Penalty. The owner and manager of turnpike 
roads in this State shall have six months after October 3d, 1885, to 
grade and construct their roads in conformity to the provisions of 
the preceding section, and upon failure so to do, their charter shall 
be subject to be forfeited as now provided by law. 

T^l 890 " 1, § 789 - (§ 644 -) Judges to fix grade of turnpike. The judges of the 
§284i. superior courts of this State, in granting charters to incorporate 

turnpike road companies upon application, may in their discretion 
prescribe the grade of such turnpike roads, which shall be reason- 
able and fair, taking into consideration the elevation of the ground 
upon which such turnpike roads are to be constructed. 

A P ct i34 882 " 3, §790. (§645.) Tolls on turnpikes not collectible unless kept in re- 

§§284i, 770. pair. It shall be unlawful for any owner of any turnpike road, or 
keeper of any toll-gate upon any turnpike road in this State, to 
demand or collect toll from any person for traveling over such road, 
when it is not kept repaired so as to comply with the terms of its 
charter. 



Acts 1876-7, 
p. 74. 



§791. (§646.) Proceedings against defaulting owners of turnpikes. 

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, the commissioners aforesaid shall make out a statement, 
wherein shall be specified, as nearly as may be, the defects in such 
road, a copy of which shall be served upon the keeper of the toll- 
gates on such road, which 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 the terms of its charter, for 
thirty days after such notice, it shall be the duty of such commis- 
sioners to forthwith institute suit against such owner, owners, or 
company, to forfeit its charter, which suit shall be in the name of 
the commissioners. 



207 SIXTH TITLE.— CHAPTER 12, ARTICLE 10. §§792-795 

Rights of way for persons engaged in mining. 

§792. (§647.) Duty of commissioners as to turnpikes out of repair. A p ct ^J 8789 ' 
In all cases where turnpike roads are neglected and suffered to get 18823, p - 83 - 
into such condition that they can not be traveled over comfortably by 
travelers, and drayed over successfully, the commissioners aforesaid 
in the counties where such roads are shall notify the keeper of the 
toll-gates on such road of the condition of the same, and unless such 
road is immediately repaired and put in good condition, such com- 
missioners shall institute the proceeding provided for in section 791, 
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 en- 
tered against such owner, company or corporation, and when col- 
lected shall be paid over to the county school commissioner and paid 
out as part of county school fund. 

§793. (§648.) Compensation of commissioners. Each commis-Acts 1878-9, 

p. 74. 

sioner shall receive, as compensation, one dollar per day for the 
time actually spent in inspecting roads, and all necessary expenses 
actually incurred by them in consequence of the prosecution of any 
suit as herein provided for, to be paid by the county of such commis- 
sioners. 

§794. (§649.) Extent of jurisdiction. In cases where any turn- Acts 1878 - 9 - 
pike road, the property of the same owners, or company, runs§ 2259 - 
through or into more counties than one, it shall be competent for the 
commissioners, in either of the counties in which any part of said 
road may be, to perform all the duties herein imposed, and to insti- 
tute and maintain the suits herein provided for, without the co-opera- 
tion 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. 



ARTICLE 10. 

Rights of Way for Persons Engaged in Mining. 

§795. (§650.) Mining rights of way. Any person, or corporation, ActyssT, 
or company of persons, or corporation chartered under the laws S2fe " p ; Jl- 

(. . §§801, 5235, 

ot any State of the United States, who may be actually engaged in 8n - 678 - 
the business of mining iron, copper, gold, coal, or any other metal 
or mineral ; in quarrying marble, granite, or any other stone ; or in 



§§796-800 



SIXTH TITLE.— CHAPTER 12, ARTICLE 10. 



Rights of way tor persons engaged in mining. 



208 



making copperas, sulphur, saltpeter, alum, or other similar articles, 
and may need for the successful prosecution of such business a right 
of way for a railroad, turnpike, or a common road across the lands 
of others, such right of way may be obtained in the same manner 
that the right to convey water across the lands of others may be 
acquired by the owner of mines, as provided by the Code. 

§796. (§651.) Arbitrator's duty. The arbitrators selected as pro- 
vided by the Code, shall decide both as to the necessity for the 
right of way sought to be condemned, and the compensation to be 
paid to the landowners therefor. 



Acts 1887, 
p. 35. 
15235. 



Acts 1868, 
p. 139. 
J5235. 



Acts 1868, 
pp. 139, 140. 



Acts 1895, 
p. 20. 
§2371. 



§797. (§652.) May divert watercourses. In all cases where it may 
be deemed desirable and necessary to divert any watercourse from 
its usual channel, for any of the purposes specified in section 795, it 
shall be lawful to organize the board of arbitrators, whose duty in 
relation to the same shall be to decide both as to the necessity of 
diverting the watercourse, and who are damaged, and how much. 

§798. (§653.) Mining, privileges incidental thereto. The owner of 
any mine shall have the right to enter upon any land between the 
mine and the water-power upon which the same is dependent, and to 
cut thereon such ditch, canal, or tunnel, or to construct such flume 
or other aqueduct, and to build such dam as may be necessary to 
control said water-power : Provided, that the party desiring to cut 
such ditch, canal, or tunnel, or to construct such flume or other aque- 
duct, or to erect such dam, shall first have the damages assessed 
arising to the owner of such intervening land, or owner of the land 
on which such dam is to be erected, by reason of the cutting of such 
ditch, canal, or tunnel, or the construction of such flume or other 
aqueduct, and the erection of such dam, and shall pay to the owner of 
the land so intervening, or on which such dam is to be erected, the 
damages Avhich may be assessed in the manner hereafter provided. 

§799. (§654.) Application for privileges. The owner of the mine 
shall, after having given the owner of the land to be entered upon at 
least five days notice of his intention to make such application, 
present to the ordinary of the county his written application for the 
right and privilege of cutting such ditch, canal, or tunnel, or con- 
structing such flume or aqueduct, or erecting such dam. 

§800. (§655.) Draining privileges, how obtained. The owner of 
any mine shall have the right to enter upon any land, and to cut and 
open thereon such ditches, canals, and tunnels, or to construct such 
flumes or other aqueducts, or such rope, wire, track, or other tram- 



209 SIXTH TITLED-CHAPTER 12, ARTICLE 10. §§801-803 

Rights of way for persons engaged in mining. 

way, or such wagonway, as may be necessary to drain his mine, or 
to carry off and drain away the water and tailings of such mine or 
mining operations, or to carry off and transport any crude ore from 
such mine or mining operations to the mill or other place of reduc- 
tion where such ore is to be treated : Provided, that the party desir- 
ing to cut and open such ditches, canals, or tunnels, or to construct 
such flumes or other aqueducts, or such rope, wire, track, or other 
tramway, or such wagonway, shall first have the damages assessed 
arising, or which may arise, to the owner of such land by reason of 
the cutting and opening of such ditches, canals, or tunnels, or the 
construction of such flumes or other aqueducts, or such rope, wire, 
track, or other tramway, or such wagonway; and shall pay the 
owners of such land the damages which may be assessed. 

§801. (§656.) Application and procedings thereon. The owner Act | 6 g 870, 
of the mines who desires the right and privilege of cutting and open-§ 5235 - 
ing such ditches, canals, or tunnels, or of constructing such flumes or 
other aqueducts, shall make his application under and according to 
the provisions and requirements specified in this Code, and all pro- 
ceedings in relation thereto shall be had, and the damages shall be 
assessed and paid, according to the method of condemning land in 
this Code provided, all of which are extended to the owners of mines 
desiring to drain their mines, and to carry off the water and tail- 
ings from their mines and mining operations, through or over the 
land of others. 

§802. (§657.) Lessee of mine deemed the owner. Any person or ^JJMofiii. 
company of persons engaged in working a mine, under a lease for 
that purpose, shall be held and regarded as owner or owners, and 
as such shall be entitled to avail himself or themselves of the bene- 
fits and privileges of this Article. 

§803. Amount that may be withdrawn and carried away. In no A p ct i 4 J 868, 
instance shall water greater in amount, measured in cubic feet, than 1897, p - 21 
the surplus be withdrawn and carried away entirely from a stream 
above any mill or factory now in operation, and surplus water to be 
that full amount of water that would run to waste with a tight mill 
dam at such mill or factory ; and this provision shall apply as fully 
to owners of mines as to lessees of mines. 



§§804-810 SIXTH TITLE.— CHAPTER 12, ARTICLES 11, 12. 



210 



Tramroads ; private ways. 



Acts 18S7, 
p. 103. 
§§2823, 821. 
89 Ga. 111. 



§5235. 

89 Ga. 111. 



ARTICLE 11. 

Tramroads. 

§804. (§658.) Tramways. Any person, or corporation, desiring to 
build or construct any tramways to connect with any waterway or 
railway, in this State, for the purpose of transporting lumber, naval 
stores, and timber by means of the same, may make application, in 
writing, to the ordinary or county commissioners of the county in 
which such tramway is to be located, setting out the length of such 
way, together with the place of starting and the terminus of the 
same and the line of its location as near as may be. 

§805. (§659.) Proceedings to lay out road. When the application 
aforesaid is filed in the office of the ordinary, as aforesaid, or county 
commissioners, as the case may be, all the proceedings thereafter 
shall be the same as are now allowed and directed by this Code for 
condemning property, except that the strip of land to be used for 
such purpose shall not exceed in width fifteen feet. 

§806. (§660.) Cessation in use of. If such tramway so laid out 
shall at any time cease to be used for such purposes, then the land 
so employed for such way shall in its use revert to the owner 
thereof. 



Act 1834. 

Cobb, 955. 
Acts 1853-4, 

p. 88. 
§§778, 3641, 

6388. 



Acts 1851-2, 
p. 281. 



ARTICLE 12. 

Private Ways. 

§807. (§661.) Private ways, by whom granted. The ordinaries 
have authority to grant private ways to individuals to go from 
and return to their farms or places of residence. 

§808. (§662.) Not more than fifteen feet wide. They must not ex- 
ceed fifteen feet in width, and must be kept open and in repair by 
the person on whose application they are established, and may be as 
much less as the applicant may choose. 

§809. (§663.) How obtained. Any person desiring any such pass- 
way over the land of another must petition the ordinary, setting 
forth particularly the distance and direction of such road, over 
whose land it is to go, through what improvements, if any, and their 
nature, and the special purpose for which it is desired. 

§810. (§664.) Twenty days notice, appeal, etc. After all persons 
over whose lands such passway is to be made shall have had twenty 



211 SIXTH TITLE.— CHAPTER 12, ARTICLE 12. §§811-816 

Private ways. 

days notice, in writing, of such application, and such ordinary shall 
be satisfied that such applicant is entitled to the same, he shall 
appoint five commissioners who shall be disinterested persons, any 
three or five of whom may act, to view and lay out such road, so as 
to do the least possible damage and inconvenience to the landown- 
ers, who shall make their report within thirty days from their ap- 
pointment. They shall make out their report in writing, and fur- 
nish all the parties in interest with copies thereof; and if either 
party is dissatisfied with such report, by giving the other five days 
notice in writing, he may take an appeal to the ordinary, who, after 
hearing all the evidence pro and con, may confirm said report or alter 
the same, which when done shall be final. 

§811. (§665.) Damages, how assessed. If the person then, over A p ct | 8 }; 512 ' 
whose land the passway is, conceives that he will be damaged ^f 30 ' 817, 
thereby, he may proceed to have the damages assessed in the same 
manner that damages are assessed in case of public roads, and the 
applicant therefor stands in the place of the county and road com- 
missioners. 

§812. (§666.) Applicant may decline to open the way. After the 
damages are thus assessed, the person who has them to pay may 
decline to open the same, but he is bound for the costs of all the 
proceedings, whether he uses the passway or not, for which the ordi- 
nary may issue an execution ; and in all cases the damages must be 
paid before the way is opened. 

§813. (§667.) May be established by agreement. Private ways 
may be established by an agreement in writing of all parties con- 
cerned, in which may be stipulated any damages, which must be 
spread on the road-book of the county, and, when so done, has the 
same effect as though established by the forms of law. 

§814. (§668.) Recorded and protected. When a private way be- 
comes established, it must be entered on and fully described in the 
road-book, and the owner thereof is entitled to be protected in the 
use of the same as a public road. 

§815. (§669.) Landowners may join in opening a way. Several 
landowners may join together in opening a private way, or in keep- 
ing it up afterwards, or both ; and when so done and entered on 
the road-book, the duties and privileges extend to vendees of the 
same real estate. 

§816. (§670.) May apportion the work. When several so join, 
they may apportion the road for work among themselves, or work it 



t* 



§§817-823 SIXTH TITLE.— CHAPTER 12, ARTICLE 12. 212 



Private ways. 



1766. 



under the road laws, selecting one of their number as road commis- 
sioner, whose powers are the same touching such road and the hands 
thereof as the three road commissioners of the district.. 

J823, §817. (§671.) On wild lands. If a private way is established over 

the wild lands of a person who has no notice of the proceeding, as 
soon as he does have such notice, and within six months thereafter, 
he may proceed to have his damages assessed against all persons who 
are landowners and are in the habitual use of such private way, and 
not after. 

§824 ' §818. (§672.) Prescriptive right to way. When a person has laid 

out a private way, and has been in the use and enjoyment of it as 
much as seven years, of which the owners have had six months' 
knowledge without moving for damages, his right to use becomes 
complete, and such owners are barred of damages. 

§819. (§673.) Can not be closed after one year without notice. 
When a road has been used as a private way for as much as one 
year, an owner of land over which it passes can not close it up with- 
out first giving the common users of the way thirty days notice in 
writing, that they may take steps to have it made permanent. 

§820. (§674.) Special ways. When a private way is established 
over the land of another for the purpose of hauling wood or timber, 
or other commodity, to any place of landing whereat the business of 
rafting or shipping is carried on, or to any railroad depot, it shall not 
extend to the use of any landing erected by a person for his own 
benefit. 

Too? 853 ' 4, § 821 - (§ 675 -) If there is but one bluff. If, however, there should 
§804. ]3 e k^ one bluff or place of landing, the owner can not appropriate 

such to himself exclusively, if he will not be damaged by the admis- 
sion of others to its use, or, if damaged, he is properly compensated 
therefor; but no person shall be entitled to use the wood-slide or 
other improvement erected for one's own use, nor timber landing, 
while he is using it. 

§822. (§676.) The use of another's landing. When the applicant 
for a private way desires also to use another's landing, he must so 
state in his petition, that proper damages may be assessed therefor. 

§§8i7, sis. §823. (§677.) Omission to assess damages. If a private way is es- 

tablished and there is an omission to have considered the damages 
for using such, it may be done afterwards if within a reasonable 
time. 



§778. 



213 SIXTH TITLE.— CHAPTER 12, ARTICLE 12. §§824-828 

Private ways. 

§824. (§678.) Prescriptive right of way. Whenever a private way Act * 1872, 
has been in constant and uninterrupted use for seven years or more,§ 818 - 
and no legal steps have been taken to abolish the same, it shall not be 
lawful for any one to interfere with said private way. 

§825. (§679.) Obstructions, how removed. In the event the owner A p ct g 1872, 
or owners of land over which such private way may pass, or any §§5235, 4797 - 
other person, shall obstruct, close up, or otherwise render said pri- 
vate way unfit for use, the party or parties injured by such obstruc- 
tions, or other interference, may petition the ordinary in the county 
where such private way has been in use to remove such obstructions, 
and upon the petition being filed, the ordinary shall issue a rule nisi, 
directed to the party or parties complained against (which rule shall 
be served by the sheriff or his deputy), calling upon the offending 
parties to show cause why said obstructions should not be removed, 
and the free use of said private way be re-established. Said rule 
shall be served at least three days before the day set for the hearing, 
and when the day arrives the ordinary shall proceed to hear evidence 
as to said obstructions or other interference, and if it should appear 
that said private way has been in continuous, uninterrupted use for 
seven years or more, and no steps taken to prevent the enjoyment 
of the same, then the ordinary shall grant an order directing the 
party or parties so obstructing, or otherwise interfering with said 
right of way, to remove said obstructions or other interference within 
forty-eight hours, and in the event of failure so to remove said ob- 
structions, the ordinary shall issue a warrant directed to the sheriff, 
commanding him forthwith to remove said obstructions. 

§826. (§680.) No appeal; certiorari. There shall be no appeal Acts 1872. 
from the judgment of said ordinary; but either party being dissatis-JS 51805205 - 
fied shall have the right to sue out a writ of certiorari, said certiorari 
to be had as in other cases now provided by law. 

§827. (§681.) Fees of officers. The fees of the ordinary in such^ 1872 ' 
case shall be three dollars, to be paid by the losing party. Sheriff 's §§4827 ' 5997 - 
fees the same as serving declaration or other process of court. 

§828. (§682.) May be converted into public road. When a private 
way is once established, it is in the power of the ordinary to declare 
it a public road, provided it is of sufficient length and importance, 
and the number of persons who habitually use it can and will do as 
much work thereon as is their proper share, in working the same 
alone or in connection with adjacent public roads. 



§§829-832 SIXTH TITLE.— CHAPTER 13. 214 

Organization of new counties. 

CHAPTER 13. 

Organization of New Counties. 
Acts^isoo, ^ g2 c) Jurisdiction of courts in new counties. When a new county 

6538-6543. 5531 'is organized, the jurisdiction of all suits pending in the county or 
counties from which the new county has been laid off, of which, 
under the Constitution and laws, the new county shall have cogni- 
zance, is transferred immediately to the corresponding courts in 
the new county, and the jurisdiction of suits then pending in the 
county or city courts of the old counties is conferred upon the supe- 
rior court of the new county, together with all the court papers 
pertaining thereto, to which there shall be attached the certificate of 
the clerk of the court from whose office they came that they are the 
proper papers of the suit, and the amount of cost accrued therein, 
and the amount then due. 

§830. Costs — collection and paying over. On the final disposition 
of the transferred cases, it is the duty of the clerk of the court, 
or, in case of no clerk, of the presiding justice, to collect the costs 
due the officers of court in the county from which the case was trans- 
ferred, and to account to such officer for all such costs collected by 
them ; and in event of their failure to account for costs collected by 
them for the officers of the courts from which the cases were trans- 
ferred, they are liable to attachment for contempt. 

§831. Processes transmitted. All processes (mesne or final) or pa- 
per requiring some official act to be done by an officer of the county 
from which the new county is taken, and which can not be done by 
reason of the creation of the new county, must, without delay, be 
transmitted by the said officer to the corresponding officer in the new 
county, and if proceedings have been had thereon, and not finally 
disposed of, the officer of the new county must proceed as though 
the paper had been originally in his hands ; but publication of the 
times and places of sale, and proceedings of like character shall 
be in the manner prescribed by law. 

§832. Officers continue in commission. County officers in commis- 
sion within the limits of the new county shall hold their commissions 
and exercise the duties of their office within the territorial limits of 
the county or counties from which the new county is taken until 
their commissions expire and their successors are elected and quali- 
fied ; and where the creation of a new county is authorized by law, 
the officers in the county or counties from which the territory of the 
new county is taken shall continue to exercise the powers of their 



215 SIXTH TITLE.— CHAPTER 13. §§833-836 



Organization of new counties. 



office within said territory until the officers provided for the new 
county shall be elected and qualified, and justices of the peace and 
constables where districts are not disturbed by the lines of the 
new county shall retain their offices and their districts until their 
commissions expire. 

§833. Jury commissioners, duty of. Immediately after the elec- 
tion and qualification of the officers of the new county, it shall be 
the duty of the judge of the superior court to appoint jury commis- 
sioners as required by law, and the jury commissioners after having 
been notified by the judge shall meet at the place designated in 
the law as the county-site of the county, and shall be provided by 
the ordinary of said county with a place within the limits of the 
town so designated as the county-site and shall proceed immediately 
to make a grand and traverse jury box from the qualified jurors of 
the county, as now provided by law, and draw therefrom, pursuant 
to law, panels of grand and traverse jurors for the succeeding term 
of the superior court of said county. 

§834. Tax for county purposes, how levied. The ordinary of the §§513 ' 514, 504 - 
new county may levy for the first year after his qualification an 
extra tax for county purposes of such per cent, upon the State tax 
as may be necessary, according to his discretion, and he may for the 
first year after his qualification make a temporary loan or loans 
for the purpose of supplying revenue for the new county, in the 
absence of any revenue from taxes for the first year; but he is re- 
quired in the first levy of taxes for said new county to cause a spe- 
cific sum to be levied upon the property within the territory of the 
new county to pay the temporary loan or debt at the end of the 
first year. 

§835. Qualification of officers. The Governor may direct the dedi-§ 144 - 
mus potestatem for the qualification of the ordinary of said county 
to the judge of the superior court of the circuit to which the new 
county is attached, or to the judge of any other superior court or 
city court or county court, and the dedimus potestatem for all the 
other county officers may be directed to the ordinary after his 
qualification and commission, or the Governor may, in his discre- 
tion, direct the dedimus potestatem for the qualification of all of said 
officers to any of the judges provided for in this section. 

§836. Trustees, returns of. Trustees, executors, administrators, §§3056, 3059, 

. . . 3751, 3892, 

or guardians making returns to the ordinary of the old county, 3992, 4096. 
and residing within the limits of the new county when organized, 



§§837-840 SIXTH TITLE.— CHAPTER 13. 216 

Organization of new counties. 

may make their returns to, and perform all their official acts with, 
the ordinary thereof, and when any such act is done, the jurisdic- 
tion is changed to the new county, and such trustee, executor, etc., 
shall file with the ordinary of the new county, to be recorded by 
him, a certified copy of all his acts from the ordinary of the old 
county. 

§837. Representation in the legislature. There shall be no repre- 
sentation in either branch of the General Assembly from any new 
county until after the next regular election of members for the 
same, but the senators and representatives, already elected from the 
•counties forming the new county, shall serve out the term for which 
they were elected, without regard to their residence in or out of 
the old counties, and all vacancies by death, resignation, or removal 
shall be filled by the county where the member resided at the time 
of his election. 

§838. Election of officers and terms of office. The commissions 
of all officers elected in the new county shall only extend to the 
next regular election of county officers, and the terms of all officers 
elected in the territory of such new counties shall expire at the 
time now fixed by law for the expiration of the terms of such county 
officers ; and the successors of the county officers so elected at the 
time of the organization of the new county shall be elected at the 
next general election of county officers. 

§839. Taxpayers in new counties. All taxes due the State and 
county by persons residing in the new county, or upon property in- 
cluded within the limits of the new county at the time of the crea- 
tion of the new county, shall be payable to the tax-collector of the 
county from which said territory was taken, and the tax-collector 
of the original county is authorized to issue execution for the collec- 
tion of such taxes, and it shall be enforced and collected by the offi- 
cers of the county or counties from which the territory for the new 
county was taken. 

§840. Jurors in new counties. In case any person residing within 
the limits of the new county has been, previously to the time of the 
election of officers for the new county, drawn as a juror to serve in 
any of the courts at a term of the court which does not convene until 
after the election of such officers, he shall not be competent to serve 
as juror in such courts, but it shall be the duty of the presiding 
judge to supply his place with a tales juror; but all persons who 
reside within the territorial limits of any new county shall be liable 



217 SIXTH TITLE.— CHAPTER 13. §§841-844 

Organization of new counties. 

to serve as jurors in the courts of the county from which the terri- 
tory was taken after the passage of the Act organizing the new 
county until the same shall, in fact, be organized by the commission 
of the county officers, as herein provided. 

§841. Act, when effective. Whenever an Act is passed by the Gen- 
eral Assembly creating a new county it shall take effect after the 
election and commissioning of the officers of the new county as herein 
provided for. 

§842. Militia districts, justices, and constables. The ordinary of § ||^ 3, ®jf» 380 « 

the new county shall cause the territory within the new county to 
be laid off in militia districts, as now provided by law, and to hold 
an election in each of the districts for a justice of the peace and 
two constables, as provided in section 353 of this Code, unless there 
shall be within the limits of any district so laid out either of said 
officers, who are authorized to continue to discharge their duties 
until their commission expires ; provided, however, that if there shall 
be more than one of such officers in the new districts, their com- 
missions are hereby declared to be void; and it shall be the duty 
of the grand jury of the county, at the first meeting after the forma- 
tion of the militia districts, to elect some persons to discharge the 
duties of notary public ex officio justice of the peace within the 
limits of said districts. 

§843. Roads, districts, and commissioners. Immediately after the§§ 63 5. 724. 
qualification of the ordinary the territory within the limits of the 
new county shall be caused to be laid out in road districts, as re- 
quired by law, and he shall appoint three commissioners for each 
road district ; and only the road laws now in force under the 
general law for working roads shall be in force in the new county, 
as provided in sections 591-637, inclusive. 

§844. Local laws in new counties. All local laws and general laws? 11 - 
having local application, in force within territory included within 
the limits of a new county, are to be in full force and effect within 
such territory; provided, that where by the general laws provision 
is made for any of said laws going into effect in any county by an 
election to be held, that an election may be held in the new county 
at any time after its creation, for the purpose of putting the local 
laws into effect, notwithstanding the provision of any general law 
requiring the lapse of any specified time after the last election on 
the subject. 



§§845-848 SIXTH TITLE.— CHAPTER 13. 218 

Organization of new counties. 

J11 °- §845. County officers, election of. The election of county officers 

for the new county shall be held at the time designated in the law 
creating the new county, and at the time fixed by law for holding 
such election, and the election managers who are now required by 
law to meet at the county-site to consolidate the vote for said county 
officers shall meet at the site designated in the law as the county- 
site of the county, and at such place, within the limits of such 
place so designated as the county-site, as shall be fixed by the judge 
of the superior court of the circuit to which the new connty is 
attached ; and in the event of the absence of the judge, or of a 
vacancy in his office, or a failure on his part to act, such place shall 
be fixed by the Governor. 

§ 36 - §846. Registration of voters. The tax-collectors in each county 

from which the territory for the new county is taken shall open 
the books for the registration of voters living within said territory, 
as now prescribed by law, and they shall furnish to the registrars 
of each of said counties a list of the voters so registered by them 
in said territories, and said registrars shall meet in each of said 
counties fifteen days before the election is ordered, and comply with 
all the provisions of the law on the subject of the registration of vot- 
ers, so far as the voters living within the territory composing the new 
county are concerned ; and the registrars of each county shall fur- 
nish to the election managers a list of the registered voters living 
in that portion of the territory which has been attached to the new 
county. 

§1479. §847. Boards of education. The grand jury in each new county 

shall at the first session elect a county board of education, as pro- 
vided by law, which shall immediately organize. It shall have all 
the powers and rights that are given by law to the county board 
of education in existing counties. Until the organization of the 
county board of education, the schools in such new county shall 
remain under the control of the boards of education of the counties 
from which the territory to form the new county was taken, but 
immediately upon the organization of the county board of education 
in the new county, such control shall cease and pass to the board 
of education of the new county, which shall be entitled to manage 
and control the schools within the new county as now provided by 
law. 

§848. Expenses of registration and election. All expenses in- 
curred in providing the list of registered voters, and in holding the 



219 SIXTH TITLE.— CHAPTER 14. §§849-853 



County police, election, and maintenance. 



election for county officers of such new county shall be borne 
by it. 



CHAPTER 14. 

County Police, Election, and Maintenance. 

§849. County police, how appointed. The county commissioners ^^Jf 09, 
of the counties of this State, having a population of more than 90,000 
(or the ordinaries in such counties having no commissioners), shall 
have authority, in their discretion, to elect or appoint a county 
police ; said police to consist of such number of men of good char- 
acter, not under twenty-one years of age, as such county commis- 
sioners or ordinaries shall, in their discretion, elect or appoint as 
aforesaid. 

§850. Expense, how paid. Said county commissioners or ordina- 
ries shall fix the salaries of said police ; and the same, together Avith 
expense of maintaining said police, shall be paid out of the county 
treasury; and to that end the county commissioners or ordinaries 
are authorized and empowered to levy such tax as may be necessary 
to pay said salaries and such expense over and above the sums for 
which they are now authorized to levy a tax. 

§851. Powers of police. Said police shall each of them have, under 
the direction and control of the commissioners or ordinaries, the 
same power, with or without a warrant, to make arrests, and to 
execute and return all criminal warrants and processes, as sheriffs 
of this State now have ; and shall, under the same directions and 
authority, have all the powers of sheriffs as peace officers in the 
county of their election or appointment. 

§852. Inspectors of roads and bridges. Said police shall alsc,§ 740 - 
under the direction of the county commissioners or ordinaries, per- 
form the duty of inspecting all the roads and bridges of the county; 
and shall, under such direction, report from time to time the condi- 
tions of the roads and bridges of said counties. 

§853. Rules for control of. Said county commissioners or ordi- 
naries shall, upon the election or appointment of county police, make 
rules and regulations for the conduct, management, and control of 
said police ; and shall, from time to time, enlarge, modify, or 
change such rules and regulations as their discretion may dictate. 



§§854, 855 SIXTH TITLE.— CHAPTER 14. 220 

County police, election, and maintenance. 

H278-302. §854. Bonds of policemen. Upon the election of such county 

police, each of them shall enter into a good and solvent bond, in a 
sum not less than one thousand dollars, to be fixed by said commis- 
sioners or ordinaries, conditioned for the faithful performance of 
all their duties ; and any one injured or damaged by any one of said 
police may bring suit upon his bond in his or her name, or in 
the name of the commissioners or ordinaries, for his or her benefit 
and use. 

§855. Terms of office. The terms for which said police shall be 
elected or appointed shall be left to the discretion of the commis- 
sioners or ordinaries, and such police or any member thereof may 
be removed from office at any time at the will of the commissioners 
or ordinaries, with or without cause. 



221 SEVENTH TITLE.— CHAPTER 1, ARTICLES 1, 2. §§856-858 



Municipal corporations ; corporate courts and penalties ; police courts ; punishment of offenders. 



SEVENTH TITLE. 

Municipal Corporations. 

CHAPTER 1. JT £^ r&f^ r-A^C^C 

Corporate Courts and Penalties. [^ 

ARTICLE 1. 
Police Courts. 

§856. (§711.) Corporate and police courts. The organization of§§ 5180 ' n - 
the various corporate and police courts of this State, and the laws 
relative thereto, are undisturbed by the adoption of this Code, unless 
additional, concurrent, or exclusive jurisdiction, or cumulative rem- 
edies, are conferred by it upon them, or other courts, or other 
magistracy, and then they are altered only to that extent. 



ARTICLE 2. 

Punishment of Offenders. 

§857. (§712.) Alternative sentences by police courts. All police Acts | 878 " 9 » 
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 con- 
victed of said offenses, with the alternative of other punishment 
allowed by law, in case said fines are not paid. 

§858. (§713.) Selection or appointment of whipping-bosses. The Act | isqo-i, 
governing authorities of any county or municipal corporation in this 
State, employing or having labor performed by convicts, in any such 
county or municipal corporation, may appoint a whipping-boss for 
such convicts, and fix his compensation and prescribe his duties : 
Provided, however, that proper and necessary discipline may be ad- 
ministered by the superintendent or other officer or person having 
control of any convict or convicts, without the employment of a 
whipping-boss. 



§§859-862 SEVENTH TITLE.— CHAPTER 2, ARTICLE 1. 222 

Municipal taxation ; assessors. 

§859. (§714.) When to whip. No whipping shall be administered 
to a convict by any whipping-boss or other officer or person, except 
in cases where the same is reasonably necessary to enforce discipline 
or compel work or labor by such convict. 

§860. (§715.) Rules for government of convicts, etc. Said govern- 
ing authorities of counties and municipal corporations, respectively, 
employing or having labor performed by convicts, shall prepare and 
have published full and complete, reasonable and humane, rules and 
regulations for the government of the convicts under their control, 
which rules may be amended as occasion may require, but shall spe- 
cifically prescribe the powers and duties, in all respects, of the super- 
intendent, commissioner, guard, whipping-boss, or other person con- 
nected with the management of convicts, as to the care, keeping, con- 
trol, work, and discipline of convicts. 

§893, §861. (§716.) Superintendent, etc., not personally liable for dam- 

age to convict. No superintendent, commissioner, guard, whipping- 
boss, or other person or employer of convicts shall be personally lia- 
ble for any injury or damage to any convict, resulting from the em- 
ployment, care, keeping, control, work, and discipline of convicts 
who are under the direction of said governing authorities, respec- 
tively, in accordance with reasonable and humane rules and regula- 
tions adopted as aforesaid. 



CHAPTER 2. 
Municipal Taxation. 



ARTICLE 1. 
Assessors. 



Act 23i 8901, §862. (§717.) Tax assessors for city. The mayor and council of 
each town or city are authorized, at their option, to elect three free- 
holders, residing in the town or city, as assessors, who shall value 
and assess all the property within said town or city liable for taxa- 
tion. All persons dissatisfied with the value placed on their prop- 
erty shall appear before said assessors and produce testimony as 
to the value of property, and the decision of said assessors, after 
hearing the evidence, shall be final : Provided, that this section shall 
not affect towns or cities now having the power to appoint assessors. 



223 SEVENTH TITLE.— CHAPTER 2, ARTICLE 2. §§863-867 



Limitation on cities' right of taxation. 



§863. (§718.) Reports. Said assessors shall make their reports at 
such time and in such manner as the town or city authorities shall 
determine, and shall be governed by rules made by the authorities, 
unless contrary to the laws of this State. The authorities shall, in 
levying or assessing the rate of taxation, do so upon the value of 
the property reported by the assessors. 



ARTICLE 2. 

Limitation on Cities' Right of Taxation. 

§864. (§719.) Not to tax over one half of one per cent. No munici- A p cts 10 g 874 * 
pal corporation shall levy or collect for the ordinary current ex- §sl851, 920- 
penses of said corporation, except as hereinafter provided, any ad 
valorem tax upon the property within said corporation, exceeding 
one half of one per cent, upon the value of said property, any char- 
ter of said corporation to the contrary notwithstanding. 

§865. (§720.) "Ordinary expenses" denned; separate accounts. A ^ t i 1 J 874, 

1. The term "ordinary current expenses" shall be construed to in- Li (T),' io66. 
elude all current expenses, excepting only expenditures for educa- 
tion, for paving or macadamizing streets, and for payment of the 
principal and interest of the public debt, which shall be known as 
"extraordinary expenses." 

2. And in all cases where it shall be necessary to levy an addi- 
tional tax above said one half of one per cent., for any one or more of 
said extraordinary expenses, the levy and assessment of the same for 
each said extraordinary expense shall be separately made and col- 
lected. 

3. Said municipal authorities shall cause separate accounts to be 
kept, on account of all amounts collected and disbursed on account 
of each of said extraordinary expenses ; and all amounts so collected 
shall be applied exclusively to the extraordinary expenses for which 
said tax was levied and collected. 

§866. (§721.) Officer diverting money to other purposes, guilty of Acts is74, 
malpractice. Any officer of any municipal corporation who shall §§ 228 (8) > 579 ' 
apply any portion of any fund collected by taxation for either of said 
extraordinary expenses, to any other ordinary or extraordinary ex- 
pense, shall be guilty of malpractice in office. 

§867. (§722.) Additional fund, how raised. If an additional fund ^J 874 ' 
is required by said corporation for internal improvements, not 



( 



§§868-871 SEVENTH TITLE.— CHAPTER 2, ARTICLE 3. 224 

Assessments for street and other improvements. 

herein provided for, or if the amount realized by the levy of one 
half of one per cent, shall be insufficient to defray the ordinary cur- 
rent expenses of said corporation, an additional tax may be levied 
for this purpose when the same shall be authorized by a vote of two 
thirds of the legal voters of said corporation who shall vote at an 
election to be held for that purpose, and separate accounts of all 
amounts so collected and disbursed shall be kept as is provided in 
section 865. 

Act 36 1896 ' §868. Traveling salesmen, when exempt. The municipal authori- 

ties of an incorporated town shall not levy or collect any tax or 
license from a traveling salesman engaged in taking orders for the 
sale of goods where no delivery of goods is made at the time of 
taking such orders. 



ARTICLE 3. 

Assessments for Street and Other Improvements. 

Acts 1884-s, §869. (§723.) Municipalities may issue executions for paving, etc. 
All municipal corporations have authority to enforce the collection 
of any amount due or to become due for paving streets or lanes, or 
for laying sewers and drains, or for cleaning or repairing privy 
vaults, by execution to be issued by the treasurer against the persons 
or corporations by whom such debts may be due, which may be levied 
by the marshal on the real estate of the owners, and after proceed- 
ings as in cases of sales for city taxes, the same may be sold at public 
outcry. All sales made by such city under execution shall be subject 
to purchase by said corporation, and the right of redemption by the 
owner after sale. 

Act | J 8901, §870. (§724.) Renewal of pavements by assessment, etc. The 
mayor and council or governing authority of any city having a popu- 
lation of over twenty thousand have authority to renew, by the use 
of any material that may be decided on, or repair any pavement in 
said city, upon the same terms and conditions, as to assessment of 
property and street-car companies, as were in force when the pave- 
ment was originally laid : Provided, in the judgment of the city 
council of said city the pavement is worn-out and no longer service- 
able. 

Acts 1906, §871. Where public property abuts on a street. Whenever the 

abutting landowners of any street or sidewalk petition to have the 



225 SEVENTH TITLE.— CHAPTER 2, ARTICLE 4. §§872-875 

Taxation of railroads by cities. 

same improved, and where the State, or any of its political sub- 
divisions, is the owner of property on said street, the frontage so 
owned is to be counted as if owned by an individual, and shall be 
likewise treated for the purposes of assessment, and where the State 
is the owner of the property the Governor is authorized to sign the 
application for and in behalf of the State ; and where the county is 
the owner, the ordinary, or the chairman of the board of county 
commissioners, as the case may be, is authorized to sign in behalf of 
the county ; and where a municipality is the owner of the property, 
the mayor of the city where said property is situated is authorized 
to sign in behalf of the city. 



ARTICLE 4. 

Taxation of Railroads by Cities. 

§872. (§725.) Property of railroads subject to municipal taxation. Act^isoo-i, 
All property, real and personal, belonging to railroad companies in §1031 - 
this State, which is within the limits of any municipal corporation, 
shall be subject to taxation by the said municipality as fully and as 
completely as is the property of other corporations within the limits. 
And it is made the duty of the municipal authorities to cause prop- 
erty belonging to a railroad company to pay its proper and just pro 
rata of municipal taxes. 

§873. (§726.) Return, to show what. In addition to the facts re-^y 890 " 1 - 
quired to be shown by the Act to provide a system of taxation of rail- ^j: 36, 1022, 
road property in each of the counties of the State, every railroad 
company in this State shall, at the time of making the returns pro- 
vided for in said Act, show the value of the company's property in 
each incorporated city or town through which it runs. 

§874. (§727.) Rolling-stock, how assessed. The rolling-stock and A p ct y 8901 ' 
other personal property of said railroad companies shall be distrib- § |^ 8 » 1023 ' 
uted to said municipalities on the same basis that rolling-stock and 
other personal property are distributed to the counties under the pro- 
visions of said Act — that is, as the value of the whole property, real 
and personal, of the said company, is to the value of the property 
located in the particular municipality, such shall be the amount of 
rolling-stock and other personal property to be distributed for tax- 
ing purposes to each municipality. 

§875. (§728.) County tax law applicable. All other provisions of A p ct ^ 8901 ' 
said Act are made applicable to the assessment and collection of §§ 10361041 - 



§§876-878 



SEVENTH TITLE.— CHAPTER 2, ARTICLE 5. 



226 



Garnishment and interest on tax executions. 



taxes of railroads by municipalities upon the property of such rail- 
roads located in such municipalities, and upon the rolling-stock and 
other personal property. 



Acts 1890-1, 
p. 53. 
§1154. 



Acts 1890-1, 
p. 53. 
§1155. 



Acts 1890-1, 

p. 50. 
1889, p. 31. 



ARTICLE 5. 

Garnishment and Interest on Tax Executions. 

§876. (§729.) Garnishment for city taxes. When any treasurer 
or other person authorized to collect the taxes due any municipal 
corporation can find no property of the defendant on which to levy 
any tax execution, he shall make an entry to that effect on said 
execution, and may then issue summons of garnishment against any 
person whom he may believe is indebted to the defendant, or who 
may have property, money, or effects in his hands, without making 
affidavit or giving bond. Said summons of garnishment shall be 
served by the treasurer or other tax-collector, or by the sheriff or 
any constable of the county in which the garnishee may reside, at 
least fifteen days before the sitting of the court, and returned to the 
superior or city court of the county in which such municipal corpo- 
ration is situated. 

§877. (§730.) Entry on execution and return. Said treasurer 
shall enter on the execution the name of the person garnished, and 
return the execution to said court, and the subsequent proceedings 
shall be the same as on garnishments in cases when judgment has 
been obtained. 

§878. (§731.) Tax executions to bear interest, when. All execu- 
tions issued for taxes due the State, or any county thereof, or any 
municipal corporation, Avhether issued on assessments for perma- 
nent improvements of streets or sewers of said municipal corpora- 
tions, or otherwise, shall bear interest at the rate of seven per cent, 
per annum, from the time fixed by law for issuing the same : Pro- 
vided, that this section shall not apply to taxes or tax fi. fas. issued 
by any municipal corporation imposing penalties for failure to pay 
taxes to any municipal corporation, on any fi. fas. due to it for taxes 
or assessments, having, November 11th, 1889, a population of sixty 
thousand or more, unless the mayor and general council, mayor and 
council, or other governing authority of any such municipal corpo- 
ration shall, by order, resolution, or ordinance, provide for the 
charge and collection of such interest on such fi. fas. 



227 SEVENTH TITLE.— CHAPTER 2, ARTICLE 6. §§879-882 

Sales for municipal taxes, and redemption of property sold. 

ARTICLE 6. 

Sales for Municipal Taxes, and Redemption of Property Sold. 

§879. (§732.) Time, place, and manner. The time, place, and A p ct i 2 5 877 ' 
manner of the sale of property, both real and personal, for taxes 1,901 ' p ' 23 ' 
due to municipal corporations in this State, shall be the same as that 
provided by law for sheriff's sales for State and county taxes; pro- 
vided, such sale may be conducted by the marshal of the municipal- 
ity and had before the door of the council chamber, or the usual 
place of meeting of the authorities having control of said munici- 
pality. 

§880. (§733.) Redemption. Whenever any land is so sold, the A p cts 12 1877 ' 
owner thereof shall have the privilege of redeeming said land thus^gg 1 ' p - 48- 
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. 

§881. (§734.) Corporation may purchase, when. "Whenever at^ .^ 8 ' 7 ' 
any such sale by a municipal corporation for taxes due it, by its 
marshal or duly authorized officer, no one present shall bid, for the 
property put up to be sold, as much as the tax for which it is pro- 
posed to sell the same, and the officer's cost, if any due thereon, af- 
ter such property shall have been cried a reasonable time, then any 
duly appointed officer or agent of the corporation may bid off such 
property for the corporation, and the marshal or other officer making 
such sale shall make to the corporation a deed to the property 
so sold, and deliver the same to the officer designated by the corpo- 
ration to receive it, and the title acquired by the corporation at such 
sale and by such deed shall be perfect, valid and binding, after the 
period above provided for redemption by the owners shall have 
elapsed and there is no redemption by the owner, as if purchased by 
an individual or corporation other than such corporation so purchas- 
ing, and the marshal, or other duly authorized officer making the 
sale, shall put the corporation, through any officer or person it may 
designate, in the possession of the property so sold. 

§882. (§735.) Property sold by corporation, how. Neither the Act yi 877 ' 
governmental body of any such municipal corporation, whether*® *' £• |§- 
known as mayor and councilmen, mayor and aldermen, or by any §131, 
other name, during whose term any such sale shall take place, nor 
any subsequently appointed or elected governing body, shall be 
capable of divesting or alienating the title of the corporation to any 
property so purchased, excepting by a public sale of the same to the 



§§883-886 



SEVENTH TITLE.— CHAPTER 3, ARTICLE 1. 



228 



Power of municipality and its officers ; councilmen incompetent to hold other office. 

highest bidder; provided, that where it is clearly shown to the 
mayor and council or other governing body of any municipal corpo- 
ration that property, either returned or unreturned, has been sold 
and purchased by said mayor and council or other governmental 
body of any municipal corporation, to protect its taxes and the cost 
of collecting the same, and that said mayor and council, or other gov- 
ernmental body of such municipal corporation, has not parted with 
title to the same, such mayor and council, or other governmental 
body in any municipal corporation shall, by a unanimous vote, be 
authorized to quitclaim such property to the owner thereof at the 
time of purchase by said mayor and council, or other governmental 
body, his administrators, executors, heirs or assigns, upon payment 
of all taxes which may be due and all cost due by reason of said 
sale. 



Acts 1877, 
p. 125. 



Acts 1877, 
p. 125. 



89 Ga. 283. 
§5736. 



§883. (§736.) Ordinances to carry this into effect. Municipal cor- 
porations shall have full power and authority to pass appropriate 
ordinances and by-laws to carry these provisions into effect. 



(§737.) Does not apply to counties. Nothing in the pre- 
ceding five sections shall -be construed to apply to counties. 

§885. (§738.) Recitals in tax deed. Unless otherwise provided in 
the charter, the recitals in a deed under a sale for municipal taxes 
are not evidence of the facts recited. 



CHAPTER 3. 
Power of Municipality and Its Officers. 



Acts 1899, 

p. 26. 
1890-1, p. 226. 
1895, .p 79. 
1902, p. 40. 
§259. 



ARTICLE 1. 

Councilmen Incompetent to Hold Other Office. 

(§739.) Councilmen, when incompetent to hold other munici- 
pal office. Councilmen and aldermen of the towns and cities of this 
State shall be incompetent to hold, except in towns of less than two 
thousand inhabitants, any other municipal office in said towns and 
cities during the term of office for which they were chosen ; provided, 
nothing herein shall render them ineligible to be elected during said 
term, to serve in a term immediately succeeding said term, but 
nothing in this section shall apply to any municipal office which is 
filled by appointment of the mayor. Any councilman or alderman 



229 SEVENTH TITLE.— CHAPTER 3, ARTICLE 2. §§887-890 



Cities as trustees. 



appointed during his term to any other municipal office shall resign 
before being eligible to enter upon the office to which he has been ap- 
pointed. In cities of more than eighty thousand inhabitants, council- 
men and aldermen, during the term of office for which they were 
chosen, are incompetent to hold any office in said cities which is filled 
by appointment or election of the general council or governing board, 
but are competent to hold any other office in said cities, having first 
resigned the office of councilman or alderman; provided, nothing 
herein contained shall be construed as repealing any provisions to 
the contrary hereof in any charter of any city or town in this State. 



ARTICLE 2. 

Cities as Trustees. 

§887. (§740.) Incorporated towns and cities may accept gifts. All A p c . t& io4 892 ' 
incorporated towns and cities in this State are authorized to receive 
any donations or gifts of real or personal property which may be 
made to them by deed of gift, will, or otherwise, and subject to such 
conditions as may be specified in the instrument giving or donating 
the property, if the governing body of such town or city approves 
of such conditions. 

§888. (§741.) May act as trustees. The incorporated towns and §s 
cities in this State shall be authorized to act as trustees under any 
conveyance or will donating or giving property for charitable or 
eleemosynary purposes. 

§889. (§742.) Towns trustees of cemeteries. Any person may con-^*^ 889 ' 
vey to the mayor and city council of any town or city in this State 
any money or property to be held by such mayor and council in 
trust, the corpus or increase thereof to be expended as directed by 
such conveyance, in the improvement or preservation and care of 
any cemetery or of the burial lots of such owner therein, and such 
mayor and council shall receive and hold such property and execute 
such trusts, according to the terms thereof, as other trusts are ex- 
ecuted under the laws of this State, and shall by its clerk make 
annual returns to the ordinary, and shall be entitled to such com- 
missions as are paid to other trustees, but shall not be required to 
give bond. 

§890. Gifts for public parks or pleasure grounds. Any person § SJh 8 ' 3 678 9 ' 
may, by appropriate conveyance, devise, give, or grant to any munici-A^'ifof," 
pal corporation of this State, in fee simple or in trust, or to other p ' 117 ' 



§§891-895 SEVENTH TITLE.— CHAPTER 3, ARTICLE 3. 230 



Limitation on powers of city and its officers. 



persons as trustees, lands by said conveyance dedicated in perpetuity 
to the public use as a park, pleasure-ground, or for other public 
purpose, and in said conveyance, by appropriate limitations and 
conditions, provide that the use of said park, pleasure-ground, or 
other property so conveyed to said municipality shall be limited to 
the white race only, or to white women and children only, or to 
the colored race only, or to colored women and children only, or 
to any other race, or to the women and children of any other race 
only, that may be designated by said devisor or grantor ; and any 
person may also, by such conveyance, devise, give, or grant in per- 
petuity to such corporations or persons other property, real or per- 
sonal, for the development, improvement, and maintenance of said 
property. 

§891. Municipality may accept. Any municipal corporation, or 
other persons natural or artificial, as trustees, to whom such devise, 
gift, or grant is made, may accept the same in behalf of and for the 
benefit of the class of persons named in the conveyance, and for their 
exclusive use and enjoyment ; with the right to the municipality or 
trustees to improve, embellish, and ornament the land so granted as 
a public park, or for other public use as herein specified, and every 
municipal corporation to which such conveyance shall be made has 
power, by appropriate police provision, to protect the class of per- 
sons for whose benefit the devise, or grant is made, in the exclusive 
use and enjoyment thereof. 



v/§892. 



ARTICLE 3. 
Limitation on Powers of City and Its Officers. 



os Ga. 816. >/§892. (§743.) Can not restrict subsequent council. One council 

§3. 

can not by an ordinance bind itself or its successors so as to prevent 
free legislation in matters of municipal government. 

ss Ga. 455. '§893. (§744.) Not liable for acts of public officers. A municipal 

54 Ga. 468. . . . 

§861. corporation is not liable for the torts of policemen or other officers 

engaged in the discharge of the duties imposed on them by law. 

86 Ga. 756. ^§894. (§745.) Obstructions in street. Without express legislative 
authority, a municipality can not grant to any person the right to 
erect or maintain a structure or obstruction in a public street. 



4* 



75 Ga. 433. ^895. (§746.) Equity will not interfere with discretion of council. 

^' § ' .' ., — — — t— 

The council or other governing body of a municipality has a discre- 



231 SEVENTH TITLE.— CHAPTER 3, ARTICLE 4. §§896-902 



Streets neglected ; duty of justice. 



tion in the management and disposition of its property, and where 
it is exercised in good faith, a court of equity will not interfere 
therewith. 

\z§»96. (§747.) Municipal corporations not liable for discretionary 

acts. Where municipal corporations are not liable by statute to 
perform an act, they can not be held liable for exercising their dis- 
cretion in failing to perform the same. 

►§#§7. (§748.) Municipal corporations liable for what. Municipal Ga. 542. 
corporations are not liable for failure to perform, or for errors in 
performing, their legislative or judicial powers. For neglect to per- 
form, or for improper or unskillful performance of their ministerial 
duties, they are liable. 



§898. (§749.) Municipal corporations liable for injuries, when. 82 Ga. 207. 
If a municipal corporation has not been negligent in constructing 
or repairing the same, it is not liable for injuries resulting from de- 
fects in its streets when it has no notice thereof, unless such defect 
has existed for a sufficient length of time for notice to be inferred. 

^§899. (§750.) Municipal property not subject to levy. Property 64 Ga. 291. 
of a municipal corporation in use for the public, or held for future 
use for the public, is not subject to levy and sale under executions. 
All property held by a municipality is presumptively for public use. 

§900. (§751.) Voting when personally interested. It is improperso oa. 793. 

. §3582. 

and illegal for a member of a city council to vote upon any question, 
brought before the council, in which he is personally interested. 

§901. (§752.) Officers, when personally liable. Members of the 67 Ga. 190. 
council and other officers of a municipal corporation are personally 
liable to one who sustains special damages as the result of any official 
acts of such officer, if done oppressively, maliciously, corruptly, or 
without authority of law. 



ARTICLE 4. 

Streets Neglected; Duty of Justice. 

§902. (§753.) Streets neglected for three months, justices to act, A ^ b J 833 : 4 
etc. "When the main streets of an incorporated town or city con-§ 894 - 
tinue in a state of neglect for three months, the justices of the peace 
therein are, by virtue of their office, road commissioners, and shall 
appoint overseers, apportion the hands that would be liable to road 



§§903-906 SEVENTH TITLE.— CHAP. 3, ARTS. 5, 6. CHAP. 4. 



232 



Citizens as jurors ; licenses to pawnbrokers. Funding bonded debt of municipalities. 



duty throughout the town, have the streets worked on as though 
they were public roads, and must in every other respect perform the 
duties of road commissioners, and for neglect of any other duty, or 
violation of any of the road laws, are liable to fine as such commis- 
sioners. 



ARTICLE 5. 
Citizens as Jurors. 



§903. (§754.) Who are competent jurors. The fact of a person 



Acts 1874, 

P;_45. 

§383'. P ' being a citizen or resident of a municipal corporation shall not 

render him incompetent to serve as a juror in cases in which such 
municipal corporation is a party or interested. 



Acts 1868, 

p. 136. 
§§15, 963. 



ARTICLE 6. 

Licenses to Pawnbrokers. 

§904. (§755.) Pawnbrokers, how licensed and governed. It shall 
be lawful for the municipal authorities of the several incorporated 
towns and cities in the State of Georgia to license pawnbrokers in 
their respective jurisdictions, to define by ordinance their powers 
and privileges, to impose taxes upon them, to revoke their licenses, 
and generally to exercise such superintendence over pawnbrokers as 
will insure fair dealing between the pawnbroker and his customeis. 



§§6563, 440, 

2230. 
Acts 1878-9, 

p. 85. 



Acts 1878 9, 
p. 85. 



CHAPTER 4. 

Funding Bonded Debt of Municipalities. 

§905. (§758.) Bonded debt of towns and cities may be compro- 
mised. The municipal authorities of any incorporated town or city 
of this State are authorized to compromise their bonded debt, in ac- 
cordance with the provisions of this Chapter : Provided, that this 
Chapter shall not be construed to prejudice the rights of such credit- 
ors as may refuse to assent to such compromise. 

§906. (§759.) New bonds may be issued for outstanding bonds. 
"Where there are outstanding bonds and coupons of any incorporated 
town or city of this State, whether the said outstanding bonds or 
coupons are due or to become due, it shall be lawful for the munici- 



233 SEVENTH TITLE.— CHAPTER 5. §§907-909 

Census of cities. 

pal authorities to issue new bonds, with coupons attached, to be ex- 
changed and to stand 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. 

§907. (§760.) Benefits of this law, how obtained. When the au-^*!^ 878 " 9, 
thorities of such town or city shall desire to avail themselves of the 
benefit of the provisions of this Chapter, 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 ordinances, 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. 

§908. (§761.) Sinking fund, how provided. If any town or city, A p c . ts 85 ? 8789, . y<-f 

availing itself of the provisions of this Chapter, shall desire to L^ 1*44^^* / ' 
provide a sinking fund for the redemption of such new bonds, it /" a / *> flf' ^ 



shall be lawful for the authorities 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 commis- 
sion 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 man- 
agement and application, and the mode of appointing said commis- 
sion, and prescribing its duties, shall have the force and effect of 
law, and shall be held and considered as part of the contract be- 
tween such town or city and the acceptors or holders of such new 
bonds. 



'? 



CHAPTER 5. 

Census of Cities. 

§909. Census of cities of five thousand inhabitants. It shall be A p c % 
the duty of the secretary of State, upon request presented from the §21 °* 
mayor and general council, or other governing authority of any city 
in Georgia having a population of five thousand or upwards, to 
have a census of the population of such city made by enumerators to 
be sworn by the ordinary of the county, the affidavit to be prescribed 



§§910, 911 SEVENTH TITLE.— CHAPTERS 6, 7. 234 

Demand before suit. City marshal. 

by the secretary of State, one copy of which census shall be returned 
to and filed with said secretary of State, and one or more copies filed 
with the clerk of council of such city. Such census shall be taken in 
accordance with regulations prescribed by the mayor and general 
council of the city and approved by the secretary of State. The 
expense of taking such census to be paid by the city having it taken. 
Such enumeration of the population of said city, when taken and 
filed with the secretary of State, shall be recognized as a State cen- 
sus or enumeration of the population of the city until a new census 
. shall thereafter be taken by authority of the United States govern- 
ment, or of the State government. 



CHAPTER 6. 
Demand Before Suit. 
Acts 1899, \/§910. Demand prerequisite to suit for injury to person or property. 

p. 74. 

§§55i2, 4498, No person, firm or corporation, having a claim for money damages 

898. 

against any municipal corporation of this State on account of in- 
juries to person or property, shall bring any suit at law or equity 
against said municipal corporation for the same, without first pre- 
senting in writing such claim to the governing authority of said 
municipality for adjustment, stating the time, place, and extent of 
such injury, as near as practicable, and the negligence which caused 
the same, and no such suit shall be entertained by the courts against 
such municipality until the cause of action therein has been first 
presented to said governing authority for adjustment ; provided, 
that upon the presentation of such claim said governing authority 
shall consider and act upon the same within thirty days from said 
presentation, and that the action of said governing authority, unless 
it results in the settlement thereof, shall in no sense be a bar to a 
suit therefor in the court ; provided, that the running of the statute 
of limitations shall be suspended during the time that the demand 
for payment before such authorities is pending, without action on 
their part. 



CHAPTER 7. 
City Marshal. 



§5343. f §9H. City marshal, how ruled. The marshals of the towns and 

P c . Ii. cities of this State, and such other officers of towns and cities whose 



235 SEVENTH TITLE.— CHAPTER 8. §§912,913 

Election of officers in certain cities. 

duty it is to collect the taxes and other revenues of such towns and 
cities, by levy and sale, shall be subject to be ruled, either in the 
superior, city, or county court, in the county where said town or city 
is located, for money in the hands of such officer arising from the 
public sale of any property, under and by virtue of any process is- 
sued by said city or town, in the same manner as sheriffs and con- 
stables are ruled for the distribution of money coming into their 
hands from the sale of any property. 

§912. Proceeds of sales. "When an execution is placed in the hands §D348 ' 
of the marshal or other selling officer of any town or city, with 
written notice to hold up the proceeds arising from the sale of any 
property of the defendant in fi. fa., the marshal or other selling 
officer shall, after first paying to the city the amount due on the 
process under which the sale was made, hold up the balance of the 
funds in his hands until he is ordered to pay out the same by the 
court first acquiring jurisdiction, under proper proceeding. 



CHAPTER 8. 

Election of Officers in Certain Cities. 

§913. Elections of officers in certain cities. The time for the elec-^oJ 902, 
tion of all officers of the incorporated cities of this State, having not 
less than fifty thousand inhabitants, and not more than seventy-five 
thousand inhabitants, according to the census of the United States, 
now elective by the mayor and aldermen of said cities, shall be the 
evening of the day fixed by law for the qualification of the mayor 
and aldermen who are to make such election. All officers so elected 
shall hold their office for the term of two years and until their suc- 
cessors are elected and qualified, and their salaries shall be neither 
increased nor diminished during their term of office. 



§§914, 915 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 236 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



EIGHTH TITLE. 

Public Revenue. 



CHAPTER 1. 

Taxation. 



ARTICLE 1. 
Ad Valorem, Specific, and Occupation Taxes. 

Ifk 1909 ' §914. Ad valorem tax for payment of bonds. The Governor, by 

and with the assistance of the comptroller-general, is authorized and 
empowered annually, beginning in 1910, to levy and assess a tax 
on the ad valorem value of the taxable property of this State at such 
rate as may be sufficient to raise a net amount of one hundred thou- 
sand dollars as a sinking fund to pay off and retire the valid, out- 
standing bonds of the State as they fall due as required by Article 7, 
section 14, paragraph 1, of the Constitution. The tax above au- 
thorized shall be specially levied and collected, and separate accounts 
of the same shall be kept by the treasurer, and the money arising 
therefrom shall be applied to paying off the valid bonds of the State 
as they may mature. 

The amount so raised in the year 1910 shall be applied to paying 
off and retiring the valid bonds of the State maturing in 1912, that 
raised in 1911 to payment of bonds maturing in 1913, and so on con- 
tinuously. All bonds retired under the provisions of this Article 
shall be cancelled and stamped with the words "sinking funds" by 
the treasurer and filed in his office. 

§§65oi, 0552. §915. Ad valorem tax to meet appropriations. In addition to the 
foregoing levy, the Governor, by and with the assistance of the 
comptroller-general, shall also levy and assess such additional rate 
of tax on the taxable property of this State as may be necessary to 
meet the appropriations of the General Assembly of Georgia for 
each successive year. The aggregate ad valorem tax levy in any 
one year not to exceed the tax rate limit fixed by the Constitution 
1 of this State. 



237 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§916-921 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



§916. Specific and occupation taxes. In addition to the ad va- §1152, 
lorem tax on real estate and personal property, as required by the 
Constitution and provided for in the preceding sections, the follow- 
ing' specific and occupation taxes shall be levied and collected each 
and every year, beginning in 1910. 

§917. Poll tax. Upon each and every male inhabitant of the State, 'ffij'ewsjm. 
between the ages of twenty-one and sixty years on the days fixed 
for the return of property for taxation, a poll tax of one dollar, which 
shall be for educational purposes in instructing children in the ele- 
mentary branches of an English education only; provided, this tax 
shall not be demanded of blind persons, nor persons who have lost a 
limb or limbs, or the use of the same, while actually engaged in the 
military service of the late Confederate States. 

§918. Professional tax. Upon each and every practitioner of laWj'jJSfW^OT, 
medicine, osteopathy, dentistry, and upon each and every veterinary 977 - 
surgeon, optician, architect, public accountant, charging for their 
services as such ; upon every civil engineer, mechanical engineer, and 
electric engineer, who may reside in this State, the sum of ten dol- 
lars ; provided, that no professional tax or license shall be required of 
any indigent or disabled Confederate veteran on the pension roll of 
the State. 

§919. Presidents of corporations. Upon the president of each ex- §§951, <J77 
press, telegraph, telephone, railroad, street railroad, steamboat or 
navigation company, electric light company, sleeping-car company, 
palace-car company, building and loan association, investment and 
loan company, gas company, or water-power company, doing busi- 
ness in this State, the sum of ten dollars. 

§920. Agents of corporations. In case the president of any com-S§ 951 > 97T - 
pany or companies enumerated in preceding paragraph does not re- 
side in this State, then in such case the general agent, superintend- 
ent, or other person or official in charge of the business of such com- 
panies, who resides in this State, shall be required to pay this busi- 
ness or professional tax of ten dollars, and no municipal corpora- 
tion or county authorities shall levy an additional tax on the pro- 
fessions and officials enumerated in this and the two preceding 
sections, either as a license tax or fee otherwise. 

§921. Artists. Upon every daguerrean, ambrotype, photographic * 1S<J2- 
and similar artists, ten dollars in each county where they carry on 
business of making pictures, or securing negatives for pictures to 
be finished elsewhere. 



§§922-925 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 238 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

S9i8. §922. Abstractors of titles. Upon each person, firm, or corporation 

engaged in the business of making abstracts of titles to property 
in cities or towns of 20,000 inhabitants or over, $50.00 ; in cities or 
towns of 10,000 inhabitants and less than 20,000, $25.00; and in 
cities and towns of less than 10,000 inhabitants, $10.00 : Provided, 
this tax shall not be required of attorneys at law who have paid the 
professional tax required of them by section 918. 

§ 973 21 97i! 4 976, §923. Auctioneers. Upon every person, firm, or corporation carry- 
ing on the business of an auctioneer, twenty-five dollars in each 
county in which they may auction the sale of property or carry on 
such business. Provided, that this section shall not be construed to 
apply to any administrator, executor, or guardian disposing by 
auction of the property of the estate or wards they represent, or to 
Confederate soldiers. 

§924. Automobiles, agents and dealers. Upon every agent of, and 
upon every dealer in, and upon every person soliciting orders for 
the sale of or purchase of automobiles or other self-propelling vehi- 
cles, the sums set out below, for each agency, or place of business, 
or where a sale or sales are made. 

In each county with a population of less than twenty thousand, 
$25.00. 

In each county with a population of more than twenty thousand 
and not exceeding thirty thousand, $50.00. 

In each county with a population of more than thirty thousand 
and not exceeding fifty thousand, $75.00. 

In each county with a population of more than fifty thousand 
and not exceeding seventy-five thousand, $100.00. 

In each county with a population of more than seventy-five thou- 
sand and not exceeding one hundred thousand, $150.00. 

In each county with a population of more than one hundred thou- 
sand and not more than one hundred and fifty thousand, $200.00. 

In each county with a population exceeding one hundred and fifty 
thousand, $250.00. 

Population in each instance to be determined from the census of 
the United States for 1900. 

1996. §925. Amusement parks. Upon every amusement park operated, 

owned or leased, by any individual, firm, company, or corporation, 
other than baseball, football or bicycle parks, hereinafter mentioned, 
where two or more amusement devices or resorts or attractions are 
operated and an admission fee is charged for any one or more of 
the exhibits, resorts, or attractions, the sum of two hundred dollars ; 



239 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§926-931 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



provided, this section shall not be construed to exempt or relieve any 
individual device, resort, amusement, or attraction located in said 
park from the payment of any specific or license tax herein imposed. 

§926. Athletic parks. Upon the proprietor, owner or lessee, of any 
park or place where baseball, football, or any other similar game is 
played, or where bicycle races or contests are held, and where ad- 
mission fees are charged, fifty dollars for each park or place; pro- 
vided, that in cities or towns of less than fifteen thousand inhabi- 
tants the license tax shall be only twenty-five dollars for each park 
or place, and in cities or towns of less than three thousand inhabi- 
tants five dollars per annum shall be charged. Provided, that the 
tax in this section shall apply only to those parks or places wherein 
professional games are played or professional contests are held. 

§927. Bicycles. Upon every bicycle dealer selling or dealing in 
bicycles, either at wholesale or retail, for themselves, or upon com- 
mission, or consignment, the sum of ten dollars for the fiscal year 
or any part thereof, to be paid to the tax-collector of the county 
at the time they may commence business. Dealers selling bicycles 
at more than one place shall pay said license for each place of busi- 
ness where bicycles are sold. All unsold bicycles belonging to 
dealers shall be liable to seizure and sale for payment of such fees, 
license and tax. 

§928. Gaming tables. Upon every keeper, owner or lessee, of any § ggg; 1089 - 
pool, billiard, or bagatelle table kept for public use, whether in 
hotel, saloon, or any other public place, fifty dollars for each table. 

§929. Cigarettes. Upon every dealer who may sell or give away 
cigarettes, or cigarette paper, or cigarette tobacco, or who furnish 
their customers with cigarettes, cigarette paper, or cigarette tobacco 
in connection with any other purchase or transaction, or who may 
keep in their places of business any of said articles, whether prin- 
cipal stock in trade or sold or given away, or furnished directly or 
indirectly with other articles, or kept in his or her place of business 
or elsewhere accessible to his or her customers, twenty-five dollars 
for each place of business. 

§930. Mercantile agencies. Upon every mercantile, commercial 
and collecting agency, and all other agencies of like character, one 
hundred dollars in every county wherein they have established, or 
may establish, an office or branch office in this State. 

§931. Detectives. Upon each and every person doing detective 
work, or engaging in the business of a detective for hire or com- 



§§932-936 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 240 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



§6578. 



pensation, the sum of ten dollars for each located office established 
in this State, and if no established office, then said tax shall be 
required in each county in this State wherein any detective may 
do or offer to do detective work. 

§932. Moving pictures, vaudeville. Upon each and every electric 
show or exhibition of moving pictures, or illustrated songs, and 
each place where vaudeville performances are given either with or 
without electric shows or moving pictures, the sum of ten dollars 
per month for each place of business (the same amount of tax shall 
be required for a part of a month where they may operate or ex- 
hibit for a less period). This tax must be paid monthly in advance. 

§933. Lockers kept by clubs, etc. Upon every social or fraternal 
club, or corporation, association, or organization of any kind of 
persons who shall keep or permit to be kept, in any room or place 
(or in any place connected therewith directly or indirectly) in which 
the members of such club, corporation, organization, or association 
assemble, or frequent, any intoxicating liquors or spirituous or malt 
liquors of any kind, the sum of five hundred dollars per annum, pay- 
able in advance for each room or place where kept or allowed. Pro- 
vided, that nothing in this section shall be construed to license or 
permit the keeping of any intoxicating, spirituous, or malt liquors, 
in any place now prohibited by law, or which may hereafter be so 
prohibited. 

§934. Loan agents. Upon each agent, person, or firm negotiating 
loans and charging therefor any fee, commissions, or salary, either 
from the lender or the borrower, the sum of ten dollars in each 
county in which he or they may carry on business; provided, the 
provisions of this section shall not apply to attorneys at law of this 
State who have paid their professional taxes. 

|2443- §935. Local insurance agents. Upon each and every local insur- 

ance agent or firm of agents doing business in this State, and upon 
each and every solicitor or subagent for any resident or non-resi- 
dent company doing business in this State, the sum of ten dollars 
for each county in which they shall transact or solicit insurance 
business. 

§936. Traveling insurance agents. Upon each and every travel- 
ing, or special, or general agent of any life, fire, or accident, or fidel- 
ity, or casualty insurance company, doing business of insurance, 
life, fire, fidelity, casualty, or accident, in this State, the sum of fifty 
dollars, which license tax must be paid in advance before any such 



241 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§937-942 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

traveling, special, or general agent shall be authorized, to act as such 
agent for any of such companies. Said tax to be paid by said agent 
to the tax-collector of the county of his residence. Provided, that 
railroad ticket agents selling accident insurance tickets shall not be 
deemed insurance agents in the sense of this section. 

§937. Assessment, industrial or sick-benefit, and live-stock insur- i§i889, 2443. 
ance agents. Upon each and every traveling or special or general 
agent of an assessment life insurance company, and upon every 
traveling, special, or general agent of an industrial life insurance 
company, and upon every traveling, special, or general agent of a 
sick-benefit insurance company, and upon every traveling, special, 
or general agent of a live-stock insurance company, doing business 
in this State, whether for resident or non-resident company, the sum 
of twenty-five dollars, to be collected and paid in the manner pro- 
vided above for other insurance agents. 

§938. Matrimonial and natal companies. And upon every agent 
of a matrimonial, natal, or nuptial company, the sum of one hundred 
dollars, for each county in which they shall do, or offer to do, busi- 
ness. 

§939. Emigrant agents. Upon each emigrant agent, or employee 
or. employees of such agents, doing business in this State, the sum 
of five hundred dollars for each county in which such agent or em- 
ployee may conduct or offer to do business. 

§940. Lightning-rod agents. Upon every person who may con-nsss. 
tract for, or engage in, the business of fitting up or erecting light- 
ning-rods in this State, the sum of fifty dollars for each county in 
which he may contract for, or erect, or put in place any lightning- 
rod or rods, upon any structure or building therein. And it shall 
be the duty of the tax-collector to whom the tax is paid to issue to 
the person paying same a license receipt showing such payment. 

§941. Merry-go-rounds, etc. Upon the owner, manager,, keeper, 
or lessee of any merry-go-round, or flying horses, and of flying 
swings, or human roulette, or similar devices run by machinery, or 
of any elevated railway, or scenic railway, or similar contrivance 
kept for gain, either directly or indirectly, twenty-five dollars for 
each place of business in this State, or for each place where operated. 

§942. Ten-pin alleys, etc. Upon the owner, manager, keeper, or§§ios9, 994. 
lessee of any ten-pin alley, or box-ball alley, or bowling alley, or 



§§943-946 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 242 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



§§994, 1888, 
1889. 



any alley of like character, kept for gain and for public play, 
twenty-five dollars for each place of business in this State. 

§943. Shooting-galleries, etc. Upon the owner, manager, keeper, 
or lessee of any shooting-gallery or booth or place where any kind of 
firearms are used, firing or shooting at any kind of a target or 
targets, kept for gain, twenty-five dollars for each place of business 
in this State. 

§944. Skating-rinks, etc. Upon the owner, manager, keeper, or 
lessee of any skating-rink in this State where any fee or charge is 
made for admission, for the use of skates or for skating, or for any 
other purpose, if in or within two miles of the corporate limits of 
any city or town containing twenty thousand population or over, 
the sum of one hundred dollars for each place of business. 

If in or within two miles of the corporate limits of any city or 
town in this State having a population of under twenty thousand 
and over ten thousand, the sum of fifty dollars for each place of 
business. 

If in or within two miles of the corporate limits of any city or 
town in this State having a population under ten thousand and over 
five thousand, the sum of twenty-five dollars for each place of busi- 
ness. 

If in or within two miles of the corporate limits of any city or 
town in this State having a population of five thousand or less, the 
sum of ten dollars for each place of business. 

§ 994 - §945. Gaming tables, machines, etc. Upon the owner, manager, 

keeper, or lessee of any table, stand, machine, or place for the per- 
formance of any kind of a game not prohibited by law, and upon 
any rack or booth or place for pitching or throwing rings at canes 
or knives, or other things of value, or any table or stand for rolling 
balls for play or for the sale or disposition of prizes, unless kept 
for exercise or amusement and not kept for gain directly or indi- 
rectly, twenty-five dollars for each place of business in this State 
for each table, stand, machine, place, rack, or booth put in use. 



§946. Peddlers of medicines, jewelry, drugs, soap, etc. Upon 
every peddler and traveling vendor of any patent or proprietary 
medicines, or remedies, or appliances of any kind, or of special nos- 
trums, or jewelry, or stationery, or drugs, or soap, or of any other 
kind of merchandise or commodity whatsoever (whether herein 
enumerated or not), peddling or selling any such goods, wares, medi- 
cines, nostrums, remedies, appliances, jewelry, stationery, soap, 



243 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§947-950 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

drugs, or other merchandise, fifty dollars in each county where the 
same or any of them are peddled, sold, or offered for sale. 

SSI 888 1 880 

§947. Peddlers and traveling vendors. Upon every peddler of 
stoves or ranges for cooking purposes, two hundred dollars in each 
county in which he may do, or offer to do, business or sell such 
article. 

Upon every peddler of clocks, two hundred dollars for each 
county wherein he may sell or offer for sale any clock. 

Upon any traveling vendor of any patent churn, or patented fence, 
or patented agricultural or farm implement or tool, or any other 
patented article, twenty-five dollars for each county in which they 
may sell or offer to sell any one or more of the articles herein enum- 
erated. 

Upon every traveling vendor using boats, barges, or other water . 
crafts for the purpose of selling goods of any kind on the rivers 
or waters within the limits of this State, the sum of fifty dollars in 
each county where they may sell their wares, goods, or merchandise, 
and this tax shall be a lien upon the boat, barge, or other water 
craft and its contents without regard to the ownership thereof. 

§948. Traveling gypsies and fortune-tellers. Upon every company 
of traveling traders, or traveling gypsies, or traveling companies 
or other transient, traveling persons or firms engaged in trading or 
selling merchandise or live stock of any kind, or engaged in fortune- 
telling or palmistry, fifty dollars in each county where they carry on 
either kind of business herein mentioned. This tax shall not apply 
to bona fide residents of this State trading in live stock only, and 
the certificate of the ordinary, under seal, of the home county of 
such person, as to his permanent residence in this State, shall be 
sufficient evidence of the same, in any county of this State, to re- 
lieve such person of such tax. 

Upon any person having a fixed place of business engaged in for- 
tune-telling, or palmistry, for gain, the sum of twenty-five dollars 
in each county. 

§949. Peddlers on railroad trains. Upon all persons, companies, or 
corporations carrying on the business of selling books, magazines, 
papers, fruits, confections, or other articles of merchandise on the 
railroad trains in this State, two hundred dollars, and no county or 
municipality shall have authority to levy any tax for the privilege 
of carrying on said business. 

§950. Corporations. All corporations incorporated under the laws 

a s>« • i •»! ■ §§6557, 6462, 

ot Georgia shall, except those that are not organized for pecuniary 957. 



§951 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 244 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

gain or profit, and those that neither charge nor contemplate charg- 
ing the public for services rendered, in addition to all other taxes 
now required of them by law, be and they are hereby required to 
pay each year an annual license or occupation tax as specified in 
the following scale: 

Corporations with capital not exceeding $10,000, $5.00. 

Corporations with capital over $10,000 and not over $25,000, 
$10.00. 

Corporations with capital over $25,000 and not over $100,000, 
$15.00. 

Corporations with capital over $100,000 and not over $300,000, 
$25.00. 

Corporations with capital over $300,000 and not over $500,000, 
$50.00. 

Corporations with capital over $500,000 and not over $1,000,000, 
$75.00. 

Corporations with capital over $1,000,000, $100.00. 

The tax required by this section to be paid to the tax-collector 
of the county where such corporation has its home office or place 
of business. And the payment of this tax will relieve such corpora- 
tion from the payment of said tax in any other county in which it 
does business. And to that end the tax-collector shall furnish such 
duplicate receipts as may be needed for authorized agents of flip 
corporations in other counties in this State. 

§951. Foreign corporations. Upon every agent or representative 
of any foreign or non-resident corporations, said agent or repre- 
sentative having a place of business or office in this State, in addition 
to all other taxes now required of them by law, an annual license or 
occupation tax fixed in accordance with the capital stock of the cor- 
porations represented by them, as specified in the preceding section 
(wherein is fixed the license or occupation tax required of corpora- 
tions chartered under the laws of Georgia), per schedule or scale 
therein set forth. Provided, that if such foreign or non-resident 
corporations shall pay to the comptroller-general of this State the 
amount of the occupation or license tax prescribed as per said sched- 
ule for resident corporations, then such agents of foreign or non- 
resident corporations shall be relieved from said occupation tax. 
And to this end said foreign corporations shall register their names, 
capital stock, and the names of their agents with the comptroller-, 
general at the beginning of each year, and upon said license or occu- 
pation tax being paid, it shall be the duty of the comptroller-general 






245 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§952-957 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



to furnish said corporation a certificate or duplicate receipt for each 
agent that said tax has been paid, and the presentation of such cer- . 
tificate or duplicate receipts by such agent to the tax-collector of 
his county shall be sufficient evidence of such payment and authorize 
the agent to be relieved of said tax. The payment of this tax shall §§ 919 > 92 °- 959 - 
not be construed so as to relieve the corporation or agent of any 
other license or occupation tax whatever. Provided, that this and 
the preceding section shall not apply to insurance companies or to §§976 - 979 - 
sewing-machine companies which are separately taxed in other sec- 
tions of this Article. Provided further, that all returns by corpora- 
tions, resident or non-resident, must be made under oath, and when 
any corporation paying this license or occupation tax requires or 
demands more than two duplicate certificates for agents, then such 
corporation shall be required to pay an additional fee of one dollar 
for each duplicate certificate, or receipt, over and above the first 
two required. 

§952. Manufacturers of and dealers in tobacco. Upon every 
manufacturer of tobacco, and upon every wholesale and retail dealer 
in tobacco, who redeems, or offers to redeem, any tags or labels sold 
or distributed or given with tobacco sale, the sum of two hundred 
dollars for each place of business in this State, where such tags or 
labels are redeemed. 

§953. Typewriting 1 machines. Upon every manufacturer of, or 
wholesale or retail dealer in, or agent for the sale of any typewriter, 
or typewriting machine, twenty-five dollars for each place of busi- 
ness in this State. 

§954. Cash registers. Upon every manufacturer of, or wholesale 
dealer in, or agent for the sale of any cash register, one hundred 
dollars for -each place of business in this State. 

§955. Adding machines. Upon every manufacturer of, or whole- 
sale or retail dealer in, or agent for the sale of any adding machine, 
or calculating machine, the sum of one hundred dollars for each 
place of business in this State. 

§956. Weighing scales. Upon every manufacturer of, or whole- 
sale dealer or retail dealer in, or agent for the sale of any weigh- 
ing scales, or scales for calculating weights, or prices of com- 
modities weighed, twenty-five dollars for each place of business in 
this State. 

§957. Soft drinks. After December 31, 1909, there shall be levied^ 1 2g e - 
on all persons and companies carrying on in this State the busi- 



§958 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 246 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

ness of manufacturing or selling by whdlesale or distributing from 
any depot, car, warehouse, or agency any carbonated waters or 
syrups, or other articles to be used in carbonated waters, or in- 
tended to be mixed with or blended with carbonated waters, or 
to be sold as soft drinks (not including imitations of beer, wine, 
whiskey, or other intoxicating liquors), an occupation tax for the 
privilege of carrying on said business, at the end of each quarter, 
an amount equal to one fourth of one per cent, on the gross receipts 
from said business, in this State, for said quarter. Within three 
days from the end of each quarter of the calendar year each person 
or company engaged in said kinds of business shall make returns, 
under oath, to the comptroller-general of the State, showing the 
amount of said gross receipts with a detailed statement of the par- 
ties from whom said receipts are received. In case of a corporation, 
the returns shall be made on oath by the president, if a resident of 
this State, and if the president is not such resident, by the officer or 
person in charge of the business of said corporation in this State. 
Upon failure of any person required by this section to make such 
return within ten days after the expiration of such quarter, he shall 
be guilty of a misdemeanor, and shall be liable to indictment and 
be punished as now provided in cases of misdemeanor. Upon the 
making of such quarterly return, the company or person liable to 
said tax shall pay the same to the comptroller-general, and upon 
failure to pay the same the comptroller-general shall issue an ex- 
ecution for said tax against the property of the person or company 
liable to said tax. If no returns be made, the comptroller-general 
shall ascertain the amount of said gross receipts from the best in- 
formation in his power, and assess the tax accordingly, after giving 
the company or person liable to said tax at least five days notice 
of the time of assessing said tax and issue his execution accordingly 
against the person or corporation carrying on said business. Any 
person, company or agent of the same, carrying on any kind of busi- 
ness specified in this section, after failure to pay the tax herein levied 
for any preceding quarter during which he or it was liable to tax, 
shall be guilty of a misdemeanor. All said taxes received or col- 
lected under this section shall be paid into the State treasury. 
§ 950 - Any person or company paying the tax herein levied shall be re- 

lieved of any and all occupation tax or license fees to the State 
under existing law on or for the kind of business specified in this 
section. 

§958. Soda fountains. Upon all persons, firms, or corporations 
running or operating soda fountains in this State, the sum of five dol- 



247 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§959-962 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



lars on each draught arm or similar device used in drawing car- 
bonated water. 

§959. Agents of packing-houses. Upon every individual, agent, §9ol< 
or firm of agents of any packing-house ; and upon any and every in- 
dividual agent or firm of agents of any person, firm, or corporation 
dealing in any packing-house products or goods, doing business in 
this State, the sum of two hundred dollars for each place of business 
in each county having a city situated therein with a population of 
thirty thousand or more, and one hundred dollars for each place 
of business in each county having a city with a population of less 
than thirty thousand and not less than fifteen thousand, $50.00 
for each place of business in each county with a population of ten 
thousand and not less than five thousand, and $10.00 for each place 
of business in a county having a town of less than five thousand 
population. 

§960. Itinerant doctors and specialists. Upon every itinerant doc- 
tor, dentist, optician, veterinary surgeon, osteopathist, or specialist 
of any kind traveling and doing business in this State, the sum of 
ten dollars for each county in which they may practice or do busi- 
ness ; provided, that the provisions of this section shall not apply 
to persons whose fixed place of business is in any county of this 
State, and who have paid the professional tax required by section 
918. Provided, further, that if any such itinerant doctor, dentist, 
optician, veterinary surgeon, osteopathist, or specialist shall peddle 
or sell any drug, medicine, remedy, appliance, spectacles, glasses, 
or other goods, in connection with the practice of his profession, 
he or they shall be subject to the tax required of peddlers or travel- 
ing vendors of patent or proprietary medicines, nostrums, etc., by 
section 946, to wit : Fifty dollars in each county where they may 
sell or offer to sell any such articles. 

§961. Dealers in weapons. Upon each and every dealer in pistols, VMS ' 
or in toy-pistols which shoot cartridges, or in pistol cartridges, or 
rifle cartridges, or dirks, bowie-knives, or metal knucks, twenty-five 
dollars for each place of business in this State. 

§962. Billiard-tables. Upon each and every person, firm, or cor- §§928, 1089, 
poration, for himself or as agent for resident or non-resident owner 
who keeps or holds for hire, or for sale, any billiard, pool, or other 
table of like character, one hundred dollars for each place of busi- 
ness in this State. 



§§963-968 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 248 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

§ i888! 9 ° 4 ' §963. Pawnbrokers. Upon every person or firm carrying on the 

business of a pawnbroker, two hundred dollars for each place of 
business in this State ; and if any such pawnbroker shall sell or offer 
for sale (or expose in his place of business) any pistol, pistol or rifle 
cartridges, dirk, bowie-knife, or metal knucks, whether sold as un- 
redeemed pledges or otherwise, he shall also be held subject to and 
required to pay the license tax required of the dealers in such ar- 
ticles by section 961. 

§964. Bottling" beverages. Upon every person, firm, or corporation 
engaged in bottling of beverages of any kind, or of any kind of 
syrups, the sum of twenty-five dollars for each bottling machine 
used or operated in such business in this State. 

§965. Slot machines. Upon every slot machine operated, used, or 
kept in this State, wherein is kept any article to be purchased by 
depositing therein any coin or thing of value, and for which may 
be had any article of merchandise whatsoever, the sum of two and 
one half dollars for each machine for each county where operated, 
used, set up, or kept. 

§966. Certain other slot machines. And upon every slot machine 
wherein may be seen any picture, or any music may be heard by 
depositing in the machine any coin or thing of value, and every 
weighing machine or scales, and every machine for making stencils 
by the use of contrivances operated by slot wherein any coin or 
other thing of value is to be deposited, the sum of five dollars for 
each machine in each county where set up, operated, or used ; pro- 
vided, that not more than seventy-five dollars shall be required of 
any one person in any one county under this section. 

§§529 (3), 530, §967. Shows. Upon all shows and exhibitions (except such as 
histrionic, musical, operatic, and elocutionary and circus companies) 
and upon each side-show accompanying circus companies, fifty dol- 
lars in each and every city or town of five thousand inhabitants 
or over ; forty dollars in every town or city of more than four thou- 
sand and under five thousand inhabitants ; and thirty dollars in 
towns of less than four thousand inhabitants. 

§§53o, 6578. §968. Circus companies. Upon every circus company, or other 
companies giving such exhibitions, beneath or within a canvas en- 
closure, advertised in print or by parade in any manner whatsoever 
as a circus, menagerie, hippodrome, spectacle, or show implying a 
circus, in or near cities or towns of twenty thousand or more inhabi- 
tants, five hundred dollars for each day it may exhibit; in or near 



249 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§969-972 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

cities or towns of five thousand inhabitants and not more than 
twenty thousand, two hundred dollars for each day it may exhibit ; 
in or near cities or towns of four thousand inhabitants and under , 
five thousand inhabitants, one hundred and fifty dollars for each 
day it may exhibit ; and in or near cities or towns of less than four 
thousand inhabitants, one hundred dollars for each day it may ex- 
hibit in the State of Georgia. 

§969. Dog and pony shows. Upon every dog or pony show or§§ 530 ' 6578 - 
horse show where the entire show is exclusively an exhibition of 
trained or educated dogs, ponies, or horses and monkeys, or a 
combination of any of them, beneath a tent, canvas, or enclosure, 
with an admission fee of fifteen cents or more, the sum of fifty dol- 
lars for each day it may exhibit; and upon such shows, with an 
admission fee of less than fifteen cents, the sum of thirty dollars for 
each day it may exhibit in this State. 

§970. Midway combinations. Upon every midway combination o ! § |||1; 530, 
small shows, or street fair, or street carnival, the sum of ten dollars 
each week, or fractional part thereof, for each separate tent, en- 
closure, or place, where an admission fee is charged or collected, 
either directly or indirectly, to witness or hear any performance, 
or where anything may be exhibited for admission or ticket. And 
upon every merry-go-round or flying horse, accompanying any mid- 
way combination, street, fair, or street carnival, the sum of twenty- 
five dollars in each city or town in this State in which it does busi- 
ness, or in each county where they may operate outside the limits of 
any city or town in this State. 

§971. Real estate agents. Upon every person or firm engaged in 
the business of buying or selling real estate on commission, or as 
agents renting real estate, the sum of ten dollars for each county 
in which he or they may conduct said business. And if such person 
or firm shall engage in auctioneering, or selling property at public 
outcry, or by auction sales, he or they shall also be liable for and 
required to pay the tax required of auctioneers by section 923. 

§972. Dogs. On all dogs the sum of one dollar per head, such s S?f 3 i 5 S! 8, n 
tax to be enforced by levy and sale as other taxes are collected, /^c^-^c- /^l > 
and not to interfere with the imposition and collection of any munici- • fy X rr 

pal taxes on dogs, whether such dog or dogs be owned by the tax- 
payer, his wife, or minor child ; provided, that in the event no pur- 
chaser at the sale of any dog should bid the amount of said execu- 
tion, the levying officer shall cause said dog to be killed. 




(§973,974 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 250 

Jfublic revenue ; taxation ; ad valorem, specific, and occupation taxes. 



Penal Code 
$467. 



§973. Mowing machines, etc. Upon every manufacturer of mow- 
ing machines, reaping and binding machines, or gas engines, selling 
or dealing in mowers, reapers or binders, or gas machines, by itself, 
or its agents in this State, and all wholesale and retail dealers in 
mowers, reapers, or binders, or gas engines, selling machines or 
gas engines manufactured by companies that have not paid the 
tax herein, one hundred dollars, the same to be paid to the comp- 
troller-general annually, at the time of commencement of busi- 
ness ; and to be known as a license fee for the privilege of doing 
business in this State. All companies and others paying this license 
fee shall, at the time of payment of same, furnish the comptroller- 
general with a list of all agents authorized to sell mowers, reapers, 
binders, or gas engines of their manufacture, or under their control, 
and shall pay to said comptroller-general the sum of ten dollars for 
each of said agents for the fiscal year or fractional part thereof for 
each county in which said agent may do business. Upon the pay- 
ment of the said ten dollars, the comptroller-general shall issue to 
each of said agents a certificate of authority to transact business in 
this State. Before commencing business under this Article, all such 
agents shall be required to register their names with the ordinaries 
of those counties in which they intend to do business and shall- ex- 
hibit to said ordinaries their license from the comptroller-general. 
Wholesale and retail dealers in mowers, reapers, binders, or gas 
engines shall be required to pay the tax provided herein for each 
manufacture of the above machines sold by them, except the manu- 
facture of such companies as have paid the tax required by this 
Article. All unsold mowers, reapers and binders, and gas engines, 
belonging to mowing, reaping or binding machines, or gas-engine 
companies, dealers, or their agents, in possession of said companies, 
dealers, their agents or others, shall be liable to seizure and sale 
§923. for the payment of such fees, license, or tax. None of the provisions 

of this section shall apply to licensed auctioneers selling second-hand 
machines or to officers of the law under legal process, or to mer- 
chants buying and selling machines or gas engines on which a li- 
cense tax has been paid as herein provided and who keep the ma- 
chines or gas engines and sell and deliver them from their place 
of business. Any person who shall violate the provisions of this sec- 
tion shall be guilty of a misdemeanor. 

§974. City directories. Upon every company, firm, or individual 
compiling a city directory or directories of any character and selling 
the same or supplying the same on subscription, the sum of fifty 
dollars. 



251 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§975,976 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



§975. Census report governs where population controls amount. 

In all cases in this Article where population controls the amount of 
tax or license fee to be paid, the census report of the Federal gov- 
ernment shall govern. 

§976. Sewing-machines. Upon every sewing-machine company?™* 1 code, 

§408. 

selling or dealing in sewing-machines by itself or its agents in this* 051 - 
State, and all wholesale and retail dealers in sewing-machines, sell- 
ing machines manufactured by companies that have not paid the 
tax herein, three hundred dollars for each fiscal year or frac- 
tional part thereof, to be paid to the comptroller-general, at the 
time of commencement of business; and said companies or deal- 
ers shall furnish the comptroller-general with a list of agents au- 
thorized to sell machines of their manufacture, or under their con- 
trol, and shall pay to said comptroller-general the sum of ten dollars 
for each of said agents for the fiscal year or fractional part thereof 
for each county in which said agent may do business for said com- 
pany. Upon the payment of said additional sum the comptroller- 
general shall issue to each of said agents a certificate of authority 
to transact business in this State. Before doing business under this 
Article all sewing-machine agents shall be required to register their 
names with the ordinaries of those counties in which they in- 
tend to operate, and exhibit to said ordinaries their license from 
the comptroller-general, and to keep such license posted on 
their vehicles, or at their place of business. Wholesale or retail deal- 
ers in sewing-machines shall be required to pay the tax provided 
herein for each manufacture of sewing-machines sold by them, 
except the manufacture of such companies as have paid the tax re- 
quired by this Article. All unsold sewing-machines belonging to 
sewing-machine companies, dealers, or their agents, in possession of 
said companies, dealers, their. agents or others, shall be liable to 
seizure and sale for payment of such fees, licenses, or tax. Any 
person who shall violate the provisions of this section shall be guilty 
of a misdemeanor. None of the provisions of this section shall ap- 

7 . §923. 

ply to licensed auctioneers, selling second-hand sewing-machines, 
or to officers of the law under legal process, or to merchants buying 
and selling machines on which a license tax has been paid as herein 
provided, and who keep the said machines and sell and deliver 
them at their place of business, such sales not being on commission ; 
provided, that if said merchant shall employ an agent or agents to 
deliver or sell the machines, the provisions of this section shall apply 
to said agent or agents. 



§§977-980 



EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 



252 



51075. 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

§977. Tax returns and payments. The taxes provided for in sec- 
tions 917, 918, 919, 920,' and 972 shall be returned to the receiver of 
tax returns in the county of the residence of the person liable to 
such tax, and shall by the receiver be entered upon his digest of 
taxable property. All the other taxes enumerated and set forth in 
this Article shall be returned and paid to the tax-collectors of the 
counties where such vocations or businesses are carried on, and paid 
in advance, except the occupation tax on agents of foreign corpora- 
tions taxed in section 951, which must be paid to the comptroller- 
general. 



Penal Cmle, 
§469. 



5§951, 986. 



§978. Registration of business and payment of tax. The taxes 
provided for in this Article shall be paid in full, for the fiscal years 
for which they are levied, to the tax-collectors of the counties where 
such vocations are carried on at the time of commencing to do busi- 
ness, except such taxes as are by this Article made payable to the 
comptroller-general. Before any person shall be authorized to open 
up or carry on said business, they shall go before the ordinary of 
the county in which they propose to do business and register their 
names, the business they propose to engage in, the place where it 
is to be conducted, and they shall then proceed to pay their tax to 
the collector. And it shall be the duty of said ordinary to im- 
mediately notify the tax-collector of such registration, and at the 
end of each quarter furnish the comptroller-general with a report 
of such special tax registration in his office. Any person failing to 
register with the ordinary, or, having registered, fails to pay the spe- 
cial tax as herein required, shall be guilty of a misdemeanor and on 
conviction shall be fined not less than double the tax or be imprisoned 
as prescribed by section 1065 of the Penal Code, or both in the dis- 
cretion of the court. One half of said fine shall be applied to the 
payment of the tax, and the other to the fund of fines and for- 
feitures for the use of the officers of the court. 

§979. Insurance companies. All foreign and home insurance com- 
panies, doing business in this State shall pay one per centum on all 
premiums, in money or otherwise, received by them, upon the gross 
receipts of such insurance companies on business done in the State 
for the year. Provided, this shall not include return premiums on 
cancelled policies. 

§980. Tax returns by home insurance companies. Every fire in- 
surance company and life insurance company incorporated under 
the laws of this State, and doing business on the legal reserve plan, 
shall be required to return for taxation all of its real estate as other 



253 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§981-983 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



real estate is returned, and all of the personal property owned by 
such company shall be returned as other personal property is re- 
turned for taxation, and the value of the personal property owned 
by it shall be ascertained in the following manner: 

From the total value of the assets held by the company, both real 
and personal, shall be deducted the assessed value of all the real 
estate owned by the company in this State, the non-taxable bonds 
deposited by the company with the State treasurer, and the amount 
of the reserve or net value of its policies required by law to be held 
by the company for its policyholders and which belong to such pol- 
icyholders ; the remainder shall be the value of the personal property 
owned by and taxable against such company. 

§981. Investments and loans by insurance companies. Whenever 
any insurance company, doing business in this State, shall make 
it appear by proof satisfactory to the insurance commissioner that 
one fourth in amount of its total assets are invested in any or all 
of the following securities or property, to wit : Bonds of this State 
or of any county or municipality of this State, property situated 
in this State and taxable therein, loans secured by liens on real 
estate situated in this State, or policy loans secured by insurance 
policies issued by such company on lives of persons resident in this 
State, then the premium tax levied by section 979 shall be abated 
or reduced to one half of one per centum upon the gross receipts of 
such company, and if the amounts so invested by any such company 
shall be as much as three fourths of the total assets of such company, 
then said premium tax shall be abated or reduced to one tenth of 
one per centum upon such gross receipts of such company. 

§982. License for manufacturers of "near beer," etc. Every per- IS code, 
son, firm, or corporation manufacturing, within the limits of this §44 " 
State, any beverage or drink or liquor in imitation of or intended 
as a substitute for beer, ale, or wine or whiskey, or other alcoholic, 
spirituous, or malt liquors shall obtain a license so to do from the 
ordinary of the county wherein such business is carried on, and shall 
pay for said license the sum of one thousand dollars for each calen- 
dar year or part thereof, for each place of business. 

§983. License for wholesale dealers ^in "near beer," etc. Every §"64. 
person, firm, or corporation who shall maintain a supply depot, ware- 
house, distributing office, or other place of business within this State 
where such beverages, drinks, or liquors referred to in the preceding 
section are kept for sale or distribution or are sold in wholesale 
quantities, that is to say, in quantities of more than five gallons, 



§984 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 254 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



J L705. 



and each and every agent or representative of each separate non- 
resident manufacturer, manufacturing firm, or manufacturing cor- 
poration of any such beverages, drinks or liquors, and each per- 
son, firm, or corporation handling the product of such non-resident 
manufacturer, manufacturing firm, or corporation, and keeping for 
sale or for distribution or handling and selling any such drinks, 
liquors, or beverages in this State in wholesale quantities as afore- 
said, shall obtain a license so to do from the ordinary of the county 
wherein such supply depot, warehouse, or distributing office or other 
place of business by wholesale is located and shall pay for said li- 
cense the sum of one thousand dollars for each calendar year or 
part thereof for each such place of wholesale business in this State. 
The said agents or representatives of non-resident manufacturers of 
such beverages, and persons handling and selling by wholesale the 
product of such non-resident manufacturing persons, firms, or cor- 
porations, shall obtain and pay for a separate license for each 
separate non-resident person, firm, or corporation represented by 
them, or whose product is handled by them in wholesale quantities. 

§984. License tax for retail dealers in "near beer," etc. Every 
person, firm, or corporation who shall sell or offer for sale in quan- 
tities of less than five gallons any such beverages, drinks, or 
liquors referred to in section 982, shall first obtain a license so to 
do from the ordinary of the county wherein such business is carried 
on, and shall pay for said license the sum of three hundred dollars 
for each calendar year or part thereof, for each place of business; 
provided, that no ordinary shall issue any license to any person, 
firm, or corporation to do or carry on such business outside of, nor 
shall any such license be construed to give authority to any person, 
firm, or corporation to do or carry on such business outside of the 
corporate limits of any incorporated city, town, or village of this 
State; provided, further, that no such license shall be issued to 
any one to do or to carry on such business in any town or city of less 
than twenty-five hundred inhabitants, same to be determined by 
the last census report of the United States ; provided, further, that 
no ex-Confederate veteran shall at any time be allowed to en- 
gage in the sale of such beverages in this State without first com- 
plying with the license laws of this State; and provided, further, 
that no ex-Confederate veteran shall be permitted to engage in the 
sale of such beverages in any municipality in this State without first 
obtaining the permission of the proper authorities of such munici- 
pality. 



255 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§985-987 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

§985. Returns of building and loan associations. The president, §§2S97, 2S98 - 
general manager, and secretary of all building and loan associations 
or other associations of like character shall be required to return 
to the tax-receiver of the county where such associations are located 
all real and personal property of every kind and character belonging 
to such associations, except that real property located in another 
county shall be returned to the tax-receiver of that county. 

§986. Fidelity guarantee companies. All foreign and home fidel- §go.K»^245s, 
ity guarantee companies, or other companies furnishing bonds, or 
similar associations doing business in this State shall pay one per 
cent, of all premiums in money or otherwise received by them, and 
the agent, general or special or local, as the case may be, of said 
companies shall make returns to the comptroller-general on the same 
terms and in the same manner as insurance companies. 

§987. Returns of manufacturing and other companies. The presi- 
dent, superintendents, or agents of all manufacturing and other com- 
panies, whether incorporated or not, other than railroad, telegraph, 
telephone, express, sleeping and palace-car companies, and such otner 
companies as are required to make return of the value of their fran- 
chise to the comptroller-general under the provisions of sections 1019 
to 1029, inclusive, and all persons and companies conducting busi- 
ness enterprises of every nature whatsoever, shall return for tax- 
ation at its true market value all of their real estate to the tax- 
reeeiver of the county wherein said real estate is located ; provided, 
that if the real estate upon which said manufacturing or other busi- 
ness enterprise of whatsoever nature is carried on lies on or across 
the county line, or county lines, and in two or more counties, said 
real estate shall be returned to the tax-receiver of the county 
wherein are located the main building containing the machinery, 
or most of the main buildings ; provided, further, that all persons, 
companies and corporations, not excepted above, conducting any 
business enterprise upon realty not taxable in the county in which 
such persons reside, or the office of the company or corporation is 
located, shall return for taxation their stock of merchandise, raw 
material, machinery, live stock, and all other personalty employed 
in the operation of such business enterprise, together with the manu- 
factured goods and all other property of such business enterprise, 
and notes and accounts made and the money used in the prosecution 
of said business enterprise on hand at the time for the estimation of 
property for taxation, including all personalty of whatsoever kind 
connected with or used in such enterprise in any manner whatsoever, 



§987 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 256 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 

in the county in which is taxable the realty wherein such business 
enterprise is located or carried on ; provided, further, that the agent 
in this State of any person, firm, or corporation, resident without this 
State who shall have on hand for sale, storage, or otherwise, as such 
agents, merchandise or other property, including money, notes, ac- 
counts, bonds, stocks, etc., shall return the same for taxation to 
the tax-receiver of the county wherein the same may be, to be taxed 
for State and county purposes, as other property in this State is 
taxed. The word "merchandise" shall be held to include guano 
and commercial fertilizer. But all canal and slack-water naviga- 
tion companies shall make through their respective executive offi- 
cers or stockholders in possession of the same returns to the tax- 
receiver of each county in which the same is located, or through 
which the same shall pass, in whole or in part, of the right of way, 
locks and dams, toll houses, structures, and all other real estate 
owned by or used by the company or stockholders thereof ; provided, 
this Article shall not make subject to taxation any property of canal 
or navigation companies which is not subject to taxation by the laws 
of this State now existing. The president of every manufacturing 
company in this State, and the agent, general manager, or person in 
possession or charge of the business or property in this State of 
any non-resident person, firm, or corporation shall be required to 
answer under oath, in addition to those provided by law, the follow- 
ing questions : 

First. "What is the nominal value or cost of the real estate of 
the company you represent, including the buildings thereon ? 

Second. What is the fair market value thereof? 

Third. What is the nominal value or cost of your machinery of 
every kind? 

Fourth. What is the fair market value thereof? 

Fifth. What is the value of the real estate owned by, but not used 
in the conduct of the business of, your company? 

Sixth. What is the value of raw material on hand on the day 
fixed for the return of property for taxation ? 

Seventh. What is the value of manufactured goods or articles 
on hand on the day fixed for the return of property for taxation, 
whether at your principal office or in the hands of agents, commis- 
sion merchants, or others ? 

Eighth. How much money did your company have on hand on 
the day fixed for the return of property for taxation, whether within 
or without the State ? How much deposited in banks ? 

Ninth. State separately the gross nominal value of the notes, ac- 



257 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. §§988, 989 



Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



counts, bonds, and other obligations for money or property of every 
kind on hand on the day fixed for the return of property for tax- 
ation. State separately the fair market value of each of said classes 
of property. 

Tenth. What other property of every kind did your company 
own on the day fixed for the return of property for taxation, and 
what is the fair market value thereof? 

And such company shall be taxed upon its entire property so 
ascertained, and the comptroller-general is authorized to frame and 
have propounded any other question which in his judgment will 
produce a fuller return. 



Returns of railroad and public-utility companies. All rail- 
road companies, street and suburban railroads, or sleeping-car com- 
panies, persons or companies operating railroads, or street railroads, 
or suburban railroads, or sleeping-cars in this State, all express 
companies, including railroad companies doing an express, tele- 
phone, or telegraph business, and all telephone and telegraph com- 
panies, person or persons doing an express, telephone, or telegraph 
business; all gas, water, electric-light or power, steam-heat, refrig- 
erated air, dockage or cranage, canal, toll-road, toll-bridge, railroad- 
equipment and navigation companies, through their president, gen- 
eral manager, or agent having control of the companies' affairs in 
this State, shall be required to make returns of all property of said 
company located in this State to the comptroller-general, and the 
law now of force providing for the taxation of railroads in this§ioai. 
State shall be applicable to the assessment of taxes from said busi- 
ness as above stated. 

§989. Sleeping-cars. Each non-resident person or company whose 
sleeping-cars are run in this State shall be taxed as follows : As- 
certain the whole number of miles of railroad over which such sleep- 
ing-cars are run, and ascertain the entire value of all sleeping- 
cars of such person or company, then tax such sleeping-cars at 
the regular tax rate imposed upon the property of this State 
in the same proportion to the entire value of such sleeping-cars 
that the length of lines in this State over which such cars are run 
bears to the length of lines of all railroads over which such sleeping- 
cars run. The returns shall be made to the comptroller-general by 
the president, general agent, or person in control of such cars in 
this State. The comptroller-general shall frame such questions as 
will elicit the information sought, and answers thereto shall be made 
under oath. If the officers above referred to in the control of said 



;§990, 991 EIGHTH TITLE.— CHAPTER 1, ARTICLE 1. 258 

Public revenue ; taxation ; ad valorem, specific, and occupation taxes. 



sleeping-cars shall fail or refuse to answer, under oath, the ques- 
tions so propounded, the comptroller-general shall obtain the in- 
formation from such sources as he may, and he shall assess a double 
tax on such sleeping-cars. If the taxes herein provided for are 
not paid, the comptroller-general shall issue executions against the 
owners of such cars, which may be levied by the sheriff of any 
county of this State upon the sleeping-car or cars of the owner who 
has failed to pay the taxes. 

§990. Railroad equipment companies. Any person or persons, co- 
partnership, company or corporation wherever organized or incor- 
porated, whose principal business is furnishing or leasing any kind 
of railroad cars except dining, buffet, chair, parlor, palace, or sleep- 
ing-cars, or in whom the legal title in any such cars is vested, but 
which are operated, or leased, or hired to be operated on any rail- 
roads in this State, shall be deemed an equipment company. Every 
such company shall be required to make returns to the comptroller- 
general under the same laws of force in reference to the rolling 
stock owned by the railroads making returns in this State, and the 
assessment of taxes thereon shall be levied and the taxes collected 
in the same manner as provided in the case of sleeping-cars in sec- 
tion 989. 

§991. Banks. 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, located within this State, but the shares of 
the stockholders of the banks or banking associations, whether resi- 
dent or non-resident owners, shall be taxed in the county where 
the banks or banking associations are located, and not elsewhere, 
at their full market value, including surplus and undivided profits, 
at the same rate provided in this Article for the taxation of monied 
capital in the hands of private individuals ; provided, that nothing 
in this section contained shall be construed to relieve such banks 
or banking associations from the tax on real estate held or owned 
by them ; but they shall return said real estate at its fair market 
value, in the county where located. Provided, further, that where 
said real estate is fully paid for, the value at which it is returned for 
taxation may be deducted from the market value of their shades; 
and if said real estate is not fully paid for, only the value at which 
the equity owned by them therein is returned for taxation shall be 
deducted from the market value of their shares. 

The banks or banking associations themselves shall make the re- 
turns of the property and the shares herein mentioned, and pay the 



259 EIGHTH TITLE.— CHAPTER 1, ARTICLE 2. §§992-994 

Exemptions from specific and occupation taxes. 



taxes herein provided. Provided, further, That all property used in 
conducting or operating a branch bank shall be returned for tax- 
ation in the county where such branch bank may be located. The 
true intent and meaning of this section is that the bank itself shall 
return for taxation and pay the taxes on the full market value of 
all shares of said bank stock. 

§992. Railroads. The presidents of all railroad companies doing §§1031, 1032 ' 
business in this State shall make returns to the comptroller-general 
in the manner provided by law for the taxation of the property or 
the gross receipts or net income of such railroads, and shall pay the 
comptroller-general the tax to which such property or gross receipts 
or net incomes may be subject according to the provisions of this 
Article and the laws now of force relating to the tax on railroads ; 
and on failure to make return or refusal to pay tax, said company 
shall be liable to all the penalties now provided by law, and the 
comptroller-general is hereby required upon failure of such com- 
panies to make returns, or if made and not satisfactory to said 
officer, to proceed against such companies as provided in section 1050. 

§993. Returns of corporations. The presidents and principal 
agents of all incorporated companies herein mentioned, except such 
as are required to make returns to tax-receivers of the counties, shall 
make returns to the comptroller-general under the rules and regula- 
tions provided by law for such returns, and subject to the same 
penalties and modes of procedure for the enforcement of taxes from 
companies or persons required by law to make returns to the comp- 
troller-general. 



ARTICLE 2. 

Exemptions from Specific and Occupation Taxes. 

§994. Exemptions from specific and occupation taxes. Blind per- 
sons, persons with one arm or one leg, and all other persons having 
lost a limb or limbs, or deformed by nature, so as to render them 
unfit for manual labor, relieved by the proviso in paragraph 1, sec- 
tion 917, from the payment of taxes designated in that paragraph, 
shall be relieved also from the payment of the taxes designated in 
sections 942, 943, 944, 945, and 946, and also from payment of any 
county or municipal license tax, if carrying on and dependent upon 
the kinds of business designated therein ; provided, that before any 
person shall be entitled to the benefit of any other exemptions pro- 



§§995-998 



EIGHTH TITLE.— CHAPTER 1, ARTICLE 3. 



260 



Exemption of property. 



vided for in this section, he shall go before the ordinary of the 
county in which he proposes to carry on said business and make and 
file an affidavit setting forth the facts that he is entitled to such 
exemptions, and that he is the proprietor and owner of the business 
he proposes to conduct, and is conducting the same for himself and 
not for others. 



Acts 1899, 
p. 99. 

§§91S, 1888- 
1892. 



Acts 1899, 

p. 100. 
§ §925, 1888- 

1892. 



§1890. 



§995. Pensioners may practice medicine without being taxed. 

Confederate soldiers who are on the indigent pension roll of this 
State, and who are otherwise, under the laws of Georgia, entitled to 
practice medicine, are authorized to practice their profession with- 
out being subject to any tax therefor. 

§996. Parks, etc., exempt from special tax when owned by Con- 
federate soldier. Every park or place where baseball, football, or 
any similar game is played, or race tracks where bicycles, horses, or 
other races of similar character are had, where admission fees are 
charged, shall be exempt from any special tax thereon, whenever the 
proprietor or owner is a maimed or disabled Confederate soldier. 

§997. Affidavit to obtain exemption. Any one obtaining the bene- 
fits of the preceding section must first make proof by his affidavit, 
before the ordinary of the county where said park or place or track 
is, that his claim to the benefits of the section are true and valid, 
and such affidavit must be approved by the ordinary, before said 
property shall be held exempt from the special tax by the tax-collec- 
tor of said county. 



Acts 1878-9, 

p. 33. 
§§6462, 6554, 

6556. 



ARTICLE 3. 

Exemption of Property. 

§998. (§762.) Property exempt from taxation. The following de- 
scribed property shall be exempt from taxation, to wit : All public 
property, places of religious worship, and places of burial; all insti- 
tutions 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 li- 
brary ; all books, philosophical apparatus, paintings, and statuary of 
any company or association, kept in a public hall, and not held as 
merchandise or for purposes of sale or gain : Provided, the above- 
described property so exempted be not used for purposes of private 



261 EIGHTH TITLE.— CHAPTER 1, ARTICLE 4. §§999-1004 

Persons and property subject to taxation. 

or corporate profit or income ; and all laws exempting property from 
taxation, other than the property herein enumerated, shall be void. 

§999. (§763.) What toll-bridges exempt from taxation. When any Acts isso, 
person residing in or out of this State is the proprietor of any toll- 
bridge, or bridge on which toll may be lawfully charged in this State, 
such bridge shall be considered and treated as public property, and 
exempt from taxation whenever and so long as the proprietor shall 
allow it to be used absolutely and entirely as a free bridge, and shall 
keep the same in good repair and safe condition for the free use of 
the public. 

§1000. (§764.) Unlawful exemptions. No county authority shall A f^ 5 1889 - 
exempt from taxation any manufactory, industry, enterprise, or any §6554 - 
property of any kind not now exempt by law. 

§1001. (§765.) Tax-receiver. The tax-receiver shall have all prop- 
erty, whether exempted by the county authorities or not, which is 
required by law to be returned for taxes in the several counties in 
this State, returned for taxation, and the tax-collector shall collect 
the taxes upon such property. 



ARTICLE 4. 
Persons and Property Subject to TaxaTio 







§1002. (§767.) Taxable property. All real and personal estate, A p c . ts 28 8 851 " 2, 
whether owned by individuals or corporations, resident or non-resi- § ioiJ$ 3 ' 10 ° 9, 
dent, is liable to taxation. 

§1003. Property shall be returned at its value. In returning prop- Act * 2 1909, 
erty for taxes, all property shall be returned at its value. Promis-^JJ^'^J ' 
sory notes, accounts, judgments, mortgages, liens of all kinds, and 1075 - 
all choses in action shall be given in at their value whether solvent 
or partially solvent. 

§1004. "Fair market value," meaning of. The intent and purpose Acts 1909, 

of the tax laws of this State is to have all property and subjects of §§1091, 1051, 

1010. 
taxation assessed at the value which would be realized therefrom 

by cash sale, as such property and subjects are usually sold, but not 

by forced sale thereof, and the words "fair market value," when 

used in the tax laws, shall be held and deemed to mean what the 

property and subjects would bring at cash sale when sold in such 

manner as such property and subjects are usually sold. 



§§1005-1009 EIGHTH TITLE.— CHAPTER 1, ARTICLE 4. 262 



Persons and property subject to taxation. 



Acts g i9oi, §1005. Transient persons, property of, how taxed. "Whenever, at 

§§22, 2172. an y time, during any year, any transient person shall temporarily 
locate in any county of this State for the purpose of selling or dis- 
posing of goods, guano, wares, merchandise, live stock, or any other 
article of value, it shall be the duty of the tax-receiver, or, if his 
books have been made up for the year, then of the tax-collector, to 
call on such person to make a return for taxation of all of his stock 
in trade at its fair market value, and in case such person shall neg- 
lect to or refuse to return the same in twenty-four hours after such 
demand, it shall be the duty of such tax-receiver, or tax-collector, 
to assess and determine the same, and the taxes shall be computed 
thereon at the rate of assessment of the State and county, and if 
the county rate has not been fixed for the current year, then the 
county rate for the preceding year shall prevail. In case such per- 
son shows that such property has been returned and the taxes paid, 
then no further tax shall be assessed for such year. 

§1006. Transient persons, who are. All persons or corporations 
who shall come into any county of this State after the date fixed by 
law for the return of property for taxation, and carry on the busi- 
ness indicated in the preceding section, shall be deemed transient 
persons. 

> §1007. When execution may issue. Whenever any person subject 

under the foregoing sections places himself in either of the positions 
wherein an attachment may be issued against him as provided by the 
Code, his tax on said property for the current year shall then be- 
come due, and the tax-collector may issue an execution against him 
regardless of the date thereof. 

A v%s 1&S9 ' §1008. (§768.) Interest in land less than fee. All persons owning 

§ io54 8, 1064 ' an y mineral or timber interests, or any other interest or claim in or 
to land less than the fee shall return the same for taxation and pay 
taxes on the same as on other property. And any person failing to 
comply with the requirements of this section shall be proceeded 
against as a defaulting taxpayei*. 

§§1002, loci. §1009. (§769.) Non-resident owners of property liable. Lands or 
other property belonging to citizens of the United States, not resi- 
dents of this State, can not be taxed higher than the property of resi- 
dents, but such non-residents, whether their property in this State 
be real or personal, must pay taxes on the same herein. 



263 EIGHTH TITLE.— CHAPTER 1, ARTICLE 4. §§1010-1017 



Persons and property subject to taxation. 



§1010. (§770.) Tax to be assessed by whom. All property orActs g i85i-2, 
other thing of value, subject to taxation, must be given in by the 1 ^, p. 37. 

§§162, 1003, 

taxpayers as hereinafter set forth, at its fair market value, and w 04 - 
must be taxed according to its value on an assessment to be made 
by the Governor, with the assistance of the comptroller-general. 

§1011. (§771.) Assessment, when to be made. Such assessment Acts i85i-2, 
must be made each year, as soon as the value of the taxable property §§504 - 162 - 
is substantially known by the comptroller-general, who shall assist 
the Governor in making the assessment, and immediately send writ- 
ten or printed notices to each tax-collector, of the Governor's order, 
and also publish a copy thereof for the space of thirty days in some 
public gazette at the seat of government. 

§1012. (§772.) Amount of taxes to be assessed. The amount of §162, 
taxes assessed shall not exceed the actual annual wants of the State 
government, exclusive of the commissions of collectors and receivers, 
and any other expense that may be lawfully incurred in assessing 
and collecting them. 

§1013. (§773.) In what funds taxes are to be paid. Taxes must be ^V 1804 -., 

* Cobb, 1051. 

paid in gold or silver, or in the bills of such banks as pay specie Act | 9 f 512 ' 
promptly, unless specially excluded by law or otherwise directed by §§2328 - 1044 - 
the Governor. 

§1014. (§774.) Default and insolvent list. In netting the digest, Act 1847, 
the default list shall be deducted for the receivers, and the insolvent Acts 1851-2,' 
list for the collectors. §1203. ' 

§1015. (§775.) Poll-tax. No county, city, or corporate authority Act \ 6 2 869, 
shall assess or collect any capitation tax whatever, except street tax,^ 8 ™^ 2 432 - 
and that only after opportunity to work the streets. JJ**, 1074. 

§1016. (§776.) Bonds, notes, etc., of non-residents; bonds of other Act * 4858, 
States. Bonds, notes, or other obligations for money, on persons i n§ fo69 7 'io75 3 ' 
other States, or of other States, or bonds of corporations of other 
States, and shipping, are the subjects of return and taxation in this 

State. 

§1017. (§777.) Ungranted lands and stock corporations. All lands Acts issi-2, 
held under warrants and certificates, but not granted, are liable to 
taxation, and all moneyed or stock corporations are liable to tax- 
ation. 



§§1018, 1019 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. 



264 



Franchises, how taxed. 



§§3666, 4589, 

86 Ga. 602. 

87 Ga. 399. 
80 Ga. 55. 

§§1002, 1106. 



§1018. (§778.) Taxes charged against whom. Taxes are to be 
charged against the owner of property if known, and against the 
specific property itself if the owner is not known. Life-tenants, and 
those who own and enjoy the property, are chargeable with the tax 
thereon. Hence, while the public may treat property as belonging 
either to the maker or the holder of a bond for titles, when the latter 
is in possession, yet as between the parties the one receiving the 
rents or enjoying the use is liable for the tax. 



§§3639, 3640, 
2243, 1027, 
1540. 

Acts 1902, 
p. 37. 



ARTICLE 5. 

Franchises, How Taxed. 

§1019. "Special franchise" denned. The term "special fran- 
chise," as used in this Article, shall include every right and privi- 
lege exercised within this State, granted to any person, partnership, 
or corporation by the State or its authority, or by any county or 
county officer, or officers, or any municipal corporation or officer 
thereof, for the exercise of the power of eminent domain, or for the 
use of any public highway or street, or the land above or below any 
highway or street within the limits of said State, and every special 
right exercised within this State, granted by charter, resolution, 
by-law, statute, or otherwise, whether under the laws of this or any 
other State, for the exercise of any public service, such as the con- 
struction and operation of railroads equipped for steam, electricity, 
horse-power, compressed air, or otherwise, for the common carrying 
of passengers or freight; the construction or operation of any plant 
or plants for the distribution and sale of gas, water, electric lights 
or power, steam heat, refrigerated air, or other substances by means 
of wires, pipes, or conduits made under or above any street, alley, or 
highway, or the construction and operation of any telephone or 
telegraph plant ; all rights to conduct wharfage, dockage, or cranage 
business ; the conduct of any express business, or the operation of 
sleeping, palace, dining or chair-cars ; all rights and privileges to 
construct, maintain, or operate canals, toll-roads or toll-bridges; 
the right to carry on the business of maintaining equipment compa- 
nies, navigation companies, freight or passenger depots, and every 
other like special function dependent upon the grant of public pow- 
ers or privileges not allowed by law to natural persons or involving 
the performance of any public service, not including the mere right 
to be a corporation by trading or manufacturing, or other corpora- 
tion exercising no special franchise above enumerated. 



265 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. §§1020-1023 

Franchises, how taxed. 

§1020. Returns to comptroller-general. On or before the first day §1043. 
of May in each and every year, every person, partnership, or corpo- 
ration holding or owning and exercising any special franchise or 
franchises within the State of Georgia shall make a special return, 
sworn to by such person or member of such partnership, or by the 
president, vice-president, or secretary of such corporation, to the 
comptroller-general, stating the value of said franchises as exercised 
within this State, and particularly describing the same, accompany- 
ing said return with a certified copy of every statute, ordinance, reso- 
lution, contract, or grant under and by authority of which said fran- 
chises are held, claimed, or owned ; provided, nevertheless, that where 
such certified copies have once been filed with or returned to said 
comptroller-general, it shall not be necessary in any subsequent an- 
nual return to duplicate the same, but the same shall be considered 
returned by reference to the copies filed as required by this section. 

§1021. Value of franchises, how ascertained and taxed. The comp-§§io45, 1050, 

s ' r 1033, 1040. 

troller-general shall not be bound to accept the valuation assigned to 
such franchises in the return made, but it shall be his right and duty 
to review the same, and in case of his refusal to accept the return, 
the subsequent proceedings shall be in all particulars the same as 
are now provided by law in the case of his refusal to accept the 
returns made by railroad companies of their physical property, and 
said franchises shall be taxed at the same rate as other property 
upon the value thereof as returned, or, if the value returned is not 
accepted, upon the value as above ascertained, the tax to be levied 
and collected as now provided in case of the property of railroad 
companies. 

§1022. Exercised in more than one county or municipality. In the§§io36, 873. 
cases of all special franchises exercised beyond the limits of one 
municipality or county, as in the case of telegraph or telephone 
lines, or railroads or steamboats, the return provided for in this ar- 
ticle shall show the number of miles over which said railroad or tele- 
graph or telephone franchise, or other special franchises, are exer- 
cised in each county and in each municipal division within the State, 
in like manner as railroad companies now make returns of their 
physical property. 

§1023. Valuation, how apportioned. The valuation for taxation of §§1038, 874. 
such franchises in each county and municipality in or through which 
said franchise is exercised, shall be apportioned to each county and 
municipality as is now provided by law for the apportionment of 
the personal property of railroad companies. 



§§1024-1029 EIGHTH TITLE.— CHAPTER 1, ARTICLE 5. 266 

Franchises, how taxed. 

§81039, 875. §1024. Comptroller-general shall certify name of franchise and 
amount due. The comptroller-general shall certify to every such 
municipal corporation and the taxing authorities of every such 
county the name of every special franchise taxable within such mu- 
nicipality or county, and the amount of taxes due on the same to such 
municipal corporation or county, as now provided by law in the case 
of railroads. 

§1025. How sums thus paid shall be considered. The sums re- 
ferred to in the preceding section shall be paid to the county, city, 
town, or village entitled thereto, but such sums, when paid, shall be 
considered a payment on account of, or in full as the case may be, 
of the tax due such county, city, town, or village, on account of the 
franchise ; and if the amount so payable is greater than the amount 
of the franchise tax due such county, city, town, or village, such 
payment shall be in full thereof, and if less, the difference in 
amount shall be paid, but no greater credit shall be allowed on ac- 
count of such payment than the amount of the franchise tax due 
such county, city, town, or village for the current year. 

§1026. Bridge rentals and street assessments. Any money that 
may be paid or expended by such persons, partnership, association, 
or corporation for bridge rentals, or for paving or repairing of pave- 
ment of any street, highway, or public place, shall not be included 
within the amounts provided in section 1030 to be deducted from 
the portion of the franchise tax payable to the city, county, town, 
or village. 

Acts 1902, §1027. Other franchises. Nothing in this Article shall be con- 

§ibi9.' strued to exempt from taxation any franchise not enumerated in this 

Article ; but all franchises of value not provided for in this Article 

shall be returned for taxation and taxed as other property under 

the present laws. 

§§io4o, ion, §1028. Taxes, how collected. The taxes due to each municipality 
or county on such franchise shall be collected and enforced as now 
provided by law in the case of other taxes due the same by railroad 
companies. 

sues. §1029. Double tax for failure to make returns. Any person, firm, 

or corporation failing to make return of his special franchises as 
hereinbefore required, shall be liable to double taxes thereon, in 
like manner as is provided by law in the case of failure to make 
return of other property. The value thereof to be assessed by the 



267 EIGHTH TITLE.— CHAPTER 1, ARTICLE 6. §§1030-1032 

State tax on railroads. 

comptroller-general from the best information accessible to him and 
certified in like manner as provided in section 1050. 

§1030. Deductions from portions due to a county, etc. Whenever ^is? 903, 
the tax, or any part of the tax, assessed on, or on account of, any §1026 ' 
franchises as defined in this Article is due and payable to or for the 
use of any county, city, town, or village in which the tangible prop- 
erty is located, and it shall appear that the person, partnership, asso- 
ciation, or corporation affected has paid, or is liable to pay, to such 
county, city, town, or village, for its exclusive use within the year 
for which taxes on or on account of the franchises is assessed under 
any agreement therefor, or under any statute, ordinance, resolution, 
or by-law requiring the same, any sum based upon a percentage 
of gross receipts, or any other income, or any occupation or privilege 
tax or charge, or any sum of money on account of, or as considera- 
tion for, such franchise or privilege granted to or possessed by such 
person, partnership, association, or corporation, all amounts so paid, 
or liable to be paid, for the exclusive use of such county, city, town, 
or village, except the money paid for the ad valorem taxes due 
such county, city, town, or village, on account of the tangible or 
physical property located therein, shall be deducted from the por- 
tion of the tax due such county, city, town, or village, on account of 
the franchise owned or possessed by such person, partnership, asso- 
ciation, or corporation. . 



ARTICLE 6. 

State Tax on Railroads. 

§1031. (§779.) Rolling-stock taxed. Railroad companies operat- Act | 2 1882 -3. 
ing railroads lying partly in this State and partly in other States 8««ji, io36, 
shall be taxed as to the rolling-stock thereof and otner personal 
property appurtenant thereto, and which is not permanently located 
in any of the States through which said railroads pass, on Sv, much 
of the whole value of rolling-stock and personal property as is pro- 
portional to the length of the railroad in this State, without regard 
to the location of the head office of such railroad companies. 

§1032. (§780.) President to make returns. The presidents of all A p c . ts 10 ^ 74 ' 
the railroad companies, including street railroads, dummy railroads, §|s?i>, P io36, 
and electric railroads in this State shall be required to return on Jjjg- " 2 - 
oath, annually, to the comptroller-general, the value of the property 
of their respective companies, without deducting their indebtedness ; 



§§1033, 1034 EIGHTH TITLE.— CHAPTER 1, ARTICLE 6. 268 

State tax on railroads. 

each class or species of property to be separately named and valued, 
so far as the same may be practicable, to be taxed as other property 
of the people of the State ; and said returns shall be made under the 
same regulations provided by law for the returns of officers of other 
incorporated companies, which are required by law to be made to the 
comptroller-general: Provided, that the said railroads shall be tax- 
able for city purposes as other property is taxed for city purposes, 
and any law making railroads taxable by counties will be applicable 
to street-railroads of every character. 

TIot. 874 ' §1033. (§781.) The presidents shall pay the taxes assessed. Said 

§1021. presidents shall pay to the comptroller-general the taxes assessed 

upon the property of said railroad companies ; and on failure to 
make the returns required by the preceding section, or on failure to 
pay the taxes so assessed, the comptroller-general shall proceed to 
enforce the collection of the same in the manner provided by law for 
the enforcement of taxes against other incorporated companies. 

Tiot. 874 ' §1034. (§782.) Tax, how resisted. If any railroad company af- 

§§ii63, io4i. f ec t e( j by the preceding sections desires to resist the collection of the 
tax therein provided for, said company through its proper officer may, 
after making the return required in section 1032, and after paying 
the tax levied on such corporation by the tax Act and continuing 
to pay the same while the question of -its liability herein is undeter- 
mined, resist the collection of the tax above provided for, by filing 
an affidavit of illegality to the execution or other process issued 
by the comptroller-general, stating fully and distinctly the grounds 
of resistance, which shall be returnable to the superior court of 
Fulton county, to be there determined as other illegalities ; the same 
to have precedence of all cases in said court as to time of hearing, 
and with the same right of motions for new trial and writs of 
error as in other cases of illegality, in which case the, comptroller- 
general shall be represented by the attorney-general of the State, or 
such other attorney as the Governor may select ; if the grounds of 
such illegality be not sustained, the comptroller-general shall, after 
crediting the process aforesaid with amount paid, proceed to collect 
the residue due under the provisions aforesaid ; and if, at any time 
during the pendency of any litigation herein provided for, the said 
corporation shall fail to pay the tax required to be paid as a condi- 
tion of hearing, then said illegality must be dismissed, and no sec- 
ond affidavit of illegality shall be allowed. Said illegality may be 
amended as other affidavits of illegality, and shall always be accom- 
panied by good bond and security for the payment of the tax fi. fa. 
issued by the comptroller-general. 



269 EIGHTH TITLE.— CHAPTER 1, ARTICLE 7. §§1035-1038 

County taxation of railroads. 



§1035. (§783.) Railroad companies, how dealt with for not paying Acts i877, 
tax. In the event of refusal by any railroad company to pay the tax § . § ,i2E 3 ',-.^ 49, 

*ZooD (11 ) . 

on account of exemption in the charter of such 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 pro- 
visions, and the result of such proceedings shall be reported to the 
General Assembly. 



ARTICLE 7. 

County Taxation of Railroads. 

§1036. (§784.) Railroads to report to comptroller annually. On Acts isro, 
or before the first day of May, each railroad company in this State §§873/ 1031, 

^ * ' * J 1032, 1050, 

shall make an annual return to the comptroller-general, for the pur- 1022 . 1054 > 

r ° ' * 1540, 1541. 

poses of county taxation in each of the counties through which said 
road runs, in the following manner: Said return shall be under 
the oath of the president or other chief executive officer, and shall 
show the following facts as they existed on the first day of April 
preceding, to wit : first, the aggregate value of the whole property 
of said railroad company; second, the value of the real estate and 
track-bed of said company ; third, the value of the rolling-stock and 
all other personal property of said company; fourth, the value of 
the company's property in each county through which it runs. 

§1037. (§785.) Taxed by each county through which it passes. Aets 1889 > 
"Whenever the amount of the tax levy of any county through which §§ioai, 873. 
the said railroad runs is assessed by the authority of such county, 
it shall be the duty of the ordinary thereof to certify the same and 
transmit such certificate to the comptroller-general; and the prop- 
erty of such railroad company shall be subject to taxation in each 
county through which the road passes, to the same extent and in 
the same manner that all other property is taxed, in the manner 
hereafter set out. 

§1038. (§786.) Property assessed. Whenever such certificate is re- Acts i8S9, 
ceived by the comptroller-general, he shall proceed to assess the §§§74,' 1023. 
amount of each and every railroad company's property, in each and 
every of said counties, in the following manner: First, it shall be 
assessed upon the property located in each county, upon the basis of 
the value given by the returns. Second, the amount of tax to be 
assessed upon the rolling-stock and other personal property is as 



§§1039-1041 EIGHTH TITLE.— CHAPTER 1, ARTICLE 7. 



270 



County taxation of railroads. 



§1051. 



Acts 1889, 

p. 29. 
81024. 



Acts 1889, 
p. 29. 
§§1163, 1021. 



Acts 1889, 
p. 29. 
§§1163, 1034. 



follows: As the value of the property located in the particular 
county is to the value of the whole property, real and personal, of the 
said company, such shall be the amount of rolling-stock and other 
personal property to be distributed for taxing purposes to each 
county. The value of the property located in the county and the 
share of the rolling-stock and personal property thus ascertained, 
and apportioned to each of such counties, shall be the amount to be 
taxed to the extent of the assessment in each county. 

§1039. (§787.) Taxes due county paid tax-collector. Whenever 
the comptroller-general shall ascertain and levy in the manner speci- 
fied the amount of tax due by such company to each of such coun- 
ties, it shall be his duty at once to notify the president and treasurer 
of such railroad company of the amount due in each of said counties 
for county taxes of said railroads, and each and every road is re- 
quired, within sixty days from the receipt of such notice, to pay to 
the tax-collector of each county through which the railroad runs the 
amount mentioned by the comptroller-general as the tax due to such 
county. 

§1040. (§788.) Manner of issuing fi. fas. If any railroad company 
shall refuse to pay the amount thus ascertained and due by it to the 
tax-collector of any county to which the same is due and payable, it 
shall be the duty of the comptroller-general to issue a fi. fa. in the 
name of the State of Georgia against such railroad company for 
the same, to be issued, levied, and returned in the same manner as 
tax fi. fas. are issued fo* State taxes due in the State by said com 
panies. 

§1041. (§789.) Affidavit of illegality. If any railroad company 
shall dispute the liability to such county tax, it may be done by an 
affidavit of illegality, to be made by the president of said railroad in 
the same manner as other affidavits of illegality are made, and shall 
be returned for trial to the superior court of the county of Fulton, 
where such cases shall be given precedence for trial over all other 
cases, except' tax cases in which the State shall be a party. 



271 EIGHTH TITLE.— CHAPTER 2, ART. 1, SECS. 1, 2. §§1042-1045 



Taxes, how returned and collected ; returns and payment, how made ; arbitration of differences. 



CHAPTER 2. 
Taxes, How Returned and Collected. 



ARTICLE 1. 
Returns to Comptroller-General. 



^JJj^^t *Xt*t *ji**i<9~r*' 



S1& /*~ x / 




/ 



SECTION 1. 

Returns and Payment, How Made. 

§1042. (§804.) Returns to comptroller, how made. The returns of§§ 1132 > 1031 - 
all companies, or persons, required to be made to the comptroller- 
general, must be in writing and sworn to by the presiding officer or 
agent of a foreign company to be a just, true, and full return of the 
capital stock, net annual profits, or other property or effects, for 
which said company is subject to taxation by the laws of this State. 

§1043. (§805.) Returns and taxes, etc. The returns of all railroad §|Jo|o. 1032, 
and insurance and express companies, and agents of foreign compa- 
nies, authorized in this State, shall be made to the comptroller-gen- 
eral by the first day of May in each year, and the taxes thereof paid 
to the State treasurer by the first day of October, and not later than 
December twentieth, of each year. 

§1044. (§806.) Payments, how made. Such payments must be§ 1013 - 
made in the funds in which taxes may be paid at the State treasury, 
free of any expense to the State. 



SECTION 2. 

Arbitration of Differences.. 

§1045. (§807.) Differences arbitrated, how. "Whenever the comp-Acts 1878-9, 
troller-general shall be dissatisfied with a return for taxation re- §§1021," loss, 
quired by law to be made to him by any corporation, company, per- 
son, or institution, and shall make an assessment which is not satis- 
factory to the officer or person making such return, and two arbitra- 
tors are chosen, one by the comptroller-general and the other by said 
officer or person, if said arbitrators fail to select an umpire within 
thirty days after receiving notice of their appointment, the Gov- 



§§1046-1049 EIGHTH TITLE.— CHAPTER 2, ART. 1, SEC. 3. 



272 



Returns of insurance companies. 



ernor shall 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. 



Acts 1894, 

p. 07. 
§1050. 



§1046. (§808.) Arbitration to assess tax against railroad, express, 
sleeping-car, and telegraph companies. In all cases of disagree- 
ment between the comptroller-general and any railroad or express 
company, sleeping-car companies, and telegraph companies owning 
property in this State, as to the taxable value of their said property, 
where said differences are referred to arbitration, the comptroller- 
general shall appoint any one of the railroad commissioners to act 
as arbitrator for the State, in each case, and it shall be the duty of 
said railroad commissioner, when thus appointed, to perform the 
duty of arbitrator without any additional compensation. 



Acts 1SS0-1, 
p. 47. 



Acts 1SS0-1, 
p. 47. 



Acts 1880-1, 
p. 47. 



SECTION 3. 

Returns of Insurance Companies. 

§1047. (§809.) Insurance companies to give names of agents. In- 
surance companies doing business in this State, in making their re- 
turns to the comptroller-general for purposes of taxation, shall give 
the name of each agent acting for such company, and post-office ad- 
dress of same ; the aggregate amount of risks underwritten in this 
State during the tax year; the amount of premiums received, and 
the losses paid and unpaid, by agencies. 

§1048. (§810.) President makes return. The return provided for 
in the preceding section shall be made by the president, or some 
other duly authorized officer of the company, duly sworn to, and 
shall be forwarded to the comptroller-general on or before July first 
of each year, and at the time of making such return, the amount of 
tax due by said company upon premium receipts, or otherwise, shall 
be forwarded to the treasurer. 

§1049. (§811.) Returns, shall embrace what. Returns hereinbe- 
fore required to be made to the comptroller-general shall embrace a 
period of time commencing with May first, and ending with April 
thirtieth, next preceding the date of the return made, and companies 
making the same must notify the comptroller-general of the officer or 
attorney in this State against whom legal process shall issue in case 
it becomes necessary for the comptroller to issue fi. fa. against said 



273 EIGHTH TITLE.— CHAPTER 2, ART. 1, SEC. 4. §§1050, 1051 



Returns to comptroller, assessments in case of difference. 



companies for any violation of the laws in this State governing in- 
surance companies, or for the non-payment of taxes due by them. 



SECTION 4. 

Returns to Comptroller, Assessments in Case of Difference. 

§1050. (§812.) Returns to comptroller must be itemized. When-^^J 877 ' 
ever corporations, companies, persons, agencies, or institutions are^j^' 1021. 
required by law to make returns of property, or gross receipts, or ^l' ls'Ii! 
business, or income, gross, annual, net, or any other kind, or any 10i9 ' 113 ' 
other return, to the comptroller-general, for taxation, such return 
shall contain an itemized statement of property, each class or species 
to be separately named and valued, or an itemized account of gross 
receipts, or business, or income, as above defined, or other matters 
required to be returned, and in case of net income only, an itemized 
account of gross receipts and expenditures, to show how the income 
returned is ascertained, and such returns shall be carefully scruti- 
nized by the comptroller-general, and if in his judgment the property 
embraced therein is returned below its value, he shall assess the 
value, within sixty days thereafter, from any information he can ob- 
tain, and if he shall find a return of gross receipts, or business, or 
income, as above defined, or other matters required to be returned 
as aforesaid, below the true amount, or false in any particular, or in 
anywise contrary to law, he shall correct the same and assess the true 
amount, from the best information at his command, within sixty 
days. In all cases of assessment, or of correction of returns, as 
herein provided, the officer or person making such returns shall re- 
ceive notice and shall have the privilege, within twenty days after 
such notice, to refer the question of true value or amount, as the 
case may be, to arbitrators — one chosen by himself, and one chosen 
by the comptroller-general — with power to choose an umpire in case 
of disagreement, and the award shall be made within thirty days 
from the date of the appointment of an umpire, and their award 
shall be final. Every arbitrator or umpire chosen or appointed here- 
under shall be a citizen of Georgia. 

§1051. Oath of arbitrators. All arbitrators and umpires selected 
to fix the values of property, where returns are made or required 
by law to be made to the comptroller-general, shall be sworn as fol- 
lows ; that is to say, in each separate matter of controversy referred Acts 1907, 
to a board of arbitration in the class of cases stated, each arbitrator 



§§1052-1055 EIGHTH TITLE.— CHAPTER 2, ART. 1, SEC. 5. 



274 



Proceedings in case of no returns ; collections by comptroller. 



and umpire shall take and subscribe an oath in writing in substance 
as follows : 

I, , selected and chosen as an arbitrator (or umpire) in 

a certain matter in controversy concerning the value of property 
returned by the comptroller-general of Georgia, do swear that I will 
diligently inquire as to the value of property and impartially decide 
the same, and will find and return the true market value thereof 
and of every part thereof according to the requirements of the law. 



§1004. 



§4644. 



§§4643, 4644. 



Acts 1908, 

p. 24. 
§§873, 1036, 

1031, 1050. 



§1052. Powers of the board of arbitrators. Each board of arbitra- 
tors shall have the same power to summon witnesses and the same 
power to compel the production of testimony that belongs to the 
several superior courts, including the right to issue subpoenas duces 
tecum and to order parties to the controversy to produce books and 
papers, and shall have the right and power to require the attendance 
of witnesses in and from any county as the superior courts may 
require witnesses in criminal cases. In all cases where the produc- 
tion of books and papers shall be required, either by subpoena duces 
tecum or notice as may be appropriate, the same shall be produced 
within five days unless the board shall enlarge the time for cause 
shown. 

§1053. Power to punish for disobedience. In all cases provided 
for in the preceding section the arbitrator or arbitrators and umpire 
shall have the same power to punish for disobedience to its processes 
and orders as is now held by the several superior courts. 

§1054. Taxes of railroads for county, municipal, and school pur- 
poses. The returns of railroad companies for purposes of county 
and municipal and school taxation shall be subject to the same in- 
spection, objection, and assessment by the comptroller-general, and 
arbitration, as is provided by law for returns of such property for 
purposes of State taxation. 







SECTION 5. 

Proceedings in Case of No Returns; Collections by Comptroller. 

§1055. Returns for former years, how made. When the owner of 
property has omitted to return the same for taxation at the time and 
for the years the return should have been made, such owner is re- 
quired to do so for each year he is a delinquent, said return to be 
made under the same laws, rules, and regulations as existed during 
the year in default. 



275 EIGHTH TITLE.— CHAPTER 2, ART. 1, SEC. 5. §§1056-1062 

Proceedings in case of no returns ; collections by comptroller. 



§1056. Comptroller-general to notify delinquents. When the § fJ°J 2, 1043, 
owner of said property refuses or fails to make the return in case 
of property which should have been returned to the comptroller- 
general, the comptroller-general shall notify in writing such owner of 
his delinquency, demanding that a return be made thereof within 
twenty days. 

§1057. When tax-receivers shall notify delinquents. "When the §§1105 - 1075 - 
omitted property is of that class which should have been returned 
to the tax-receiver of the county, the said tax-receiver shall notify 
in writing such delinquent, requiring that he shall make a return 
thereof within twenty days. 

§1058. Assessment by comptroller-general. When the delinquent §§1045, 105 °- 
as provided for under section 1056 refuses or fails to return his 
property after the notice given, or returns it below what the comp- 
troller-general deems its value, it shall then be the duty of the comp- 
troller-general to assess such property for taxation for State, county, 
and municipal and school purposes from the best information he 
can obtain as to its value for each year in default and notify such 
delinquent of the valuation, which valuation shall be final unless- 
the taxpayer raises the question that it is excessive, in which event 
the further procedure shall be the same as is now provided when 
the value of returned property is arbitrated. 

§1059. Assessment by tax-receiver. If the delinquent as provided 51097 - 
under section 1057 refuses to return his property after notice given 
him, it shall be the duty of the tax-receiver to assess such property 
for taxation from the best information he can obtain as to its value 
for the years in default and notify such delinquent of the valuation, 
which shall be final, unless the taxpayer raises the question that it is 
excessive, in which event the further procedure shall be the same as 
provided by law when the value of returned property is arbitrated. 

§1060. Taxability, when determined in Fulton County. If the 
delinquent under section 1056 disputes the taxability of such prop- 
erty, he may raise that question by petition in equity in the superior 
court of Fulton County. 

§1061. When in county where property is assessed. If the delin- 
quent under section 1057 disputes the taxability of such property, 
he may raise that question by petition in equity in the superior court 
of the county where said property is assessed. 

§1062. (§814.) Collection of tax, how enforced. In all cases A p cte 12 J 877 ' 
of default in payment of taxes upon returns or assessments, the s |^'" 1132 ' 



§§1063-1068 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 1. 276 

Returns to receiver of tax returns ; what to be returned. 

comptroller-general shall enforce collections in the manner now 
provided by law. 

Acts^is77, §1063. (§815.) Usual penalties still of force. Nothing in the three 

§§u«5. 2349, preceding sections shall alter or affect the penalties now provided by 

2585 (11) * 11* 

law against defaulting or delinquent corporations, companies, per- 
sons, or institutions referred to therein, or alter or affect the mode 
of enforcement of such penalties now provided by law. 



ARTICLE 2. 
Returns to Receiver of Tax Returns. 



Acts 1855-6, 

p. 275. 
§§1008, 1107. 



Acts 1880-1, 
p. 49. 
§1069. 



SECTION 1. 

What to be Returned. 

§1064. (§816.) Returns of mining companies, etc. Mining compa- 
nies must make their returns in the county where the mine is worked, 
and those who have plantations in counties not their residence must 
make the returns for them, together with the stock and other prop- 
erty employed thereon, in the counties where they are respectively 
situated. 

§1065. (§817.) Mine or plantation on county line. If there is a 
mine or plantation on the line between two counties, and in two or 
more counties, the returns shall be made in the county where the im- 
provements or most of the improvements are. But any plantation 
whereon the owner resides which shall be divided by a county line 
or lines, and said county line or lines shall not be definitely ascer- 
tained and distinctly marked, shall be returned for taxation by the 
owner in any of the counties in which a part of said plantation may 
lie, which the owner may elect. 

§1066. (§818.) Non-residents included. The provisions of the two 
preceding sections apply to non-residents who hold such property 
in this State. 

Act i84o, 51067. (§819.) Returns of non-residents, etc. Lands and other 

Cobb, 1073. s u 

§§1009, 1016. property of non-residents must be returned and paid for m the 



§1016. 



Acts 1872, 
p. 77. 
§1107. 



county where the lands or other property are respectively situated. 

§1068. (§820.) Taxable lands, how and when returned. All lands 
in this State subject to taxation, whether improved or unimproved, 



277 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 2. §§1069, 1070 



Wild lands, and notice to non-residents. 



shall be returned by the person or persons owning the same, his, her, 
or their agent or attorney, to the receiver of the county where the 
land lies. And it shall be the duty of the receiver to require all per- 
sons making returns of lands in his county, to return the same by- 
district, number, and section, if the lands have such designation, and 
when lands have no such designation, then by such description as 
will enable the receivers to identify them. Receivers are prohibited 
from receiving any returns of land which do not so designate them. 
And the comptroller-general is prohibited from allowing any receiver 
compensation or percentage for his services, who receives returns in 
any other manner. 

§1069. Owners of property on county lines. All manufacturing^^ 903, 
and other companies, whether incorporated or not, other than rail-^Q^glf* 
road, telegraph, telephone, express, sleeping and palace-car compa- 
nies, and all persons owning and operating manufacturing and other 
plants, whose real estate or plant lies on or across a county line or 
county lines, and in two or more counties, shall return for taxation 
their said real estate, together with the buildings and machinery 
thereon, and all personal property made by or used in connection 
with or for the purpose of operating said manufacturing or other 
plants (except money, notes, and accounts, and other like property), 
in the county in which are located the main buildings containing 
machinery, or most of said main buildings, of said manufacturing 
and other plants, and shall there pay their taxes ; and the money, 
notes, and accounts and other like property may be so returned and 
the taxes thereon so paid, or the money, notes, and accounts and 
other like property may be returned in the county in which is located 
the principal office or the residence of said companies or persons, and 
the taxes on the money, notes, and accounts and other like property 
may be there paid. 



SECTION 2. 

Wild Lands, and Notice to Non-Residents. 

§1070. (§821.) Wild lands returned how, and subject to double A p c . t 46? 880 ' 1, 
tax, when. Any wild lands not given in for taxes in the , county in 1904, p. P 53. ' 
which they may be shall be subject to double tax, as other property, §pu ° 9 ' 110T 
and it shall be the duty of the tax-collector, when taxes are not paid 
in the time provided by law, to issue executions against said wild land, 
and after due advertisement, as now prescribed by law, to sell said 
lands for payment of taxes ; the tax-collector, upon receipt by him 



1882-3, p. 47. 



§§1071-1075 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 3. 278 

Returns and payments, when and to whom made; duty of receiver of returns. 

of any return of lands, shall transmit immediately his receipt for 
such return to the person making the same : Provided, that the 
owner of any wild lots or tracts of land through which county lines 
may run shall be allowed to return said lots or tracts of land in 
either county containing any portion of said lots or tracts of land. 

A p ct 45 18801 ' §1071. (§822.) Owners to be notified of returns received. The re- 
ceiver of tax returns shall notify non-residents or their agents of the 
receipt of their returns immediately upon the receipt of the same 
by them, and the tax-collectors, as soon as the digests are turned over 
to them, and the rate of tax levied, shall notify non-residents or 
their agents of the amount of tax due by them. 

§1072. (§823.) Penalty. If any person shall suffer injury by the 
failure of the tax-collectors to do their duty as prescribed in the pre- 
ceding section, the officer so offending shall be liable on his bond to 
the party so damaged for the full damage sustained by the owner 
of said land, including all costs and expenses of redeeming or re- 
covering his land or the value of the land not redeemed or recovered. 

§1073. (§824.) Notice by mail. Notice forwarded by due course 
of mail shall be held and deemed a sufficient compliance with the re- 
quirements of this Article by the receiver and collector. 

§1074. (§825.) Expense refunded. The receiver and collector 
shall be allowed and paid their respective accounts annually in- 
curred for postage in carrying out the requirements of this Arti- 
cle, upon a sworn account properly audited by the officer or officers 
having charge of the county finances. 



SECTION 3. 



Returns and Payments, When and to whom Made ; Duty of 
Receiver of Returns. 

A p ct 54 1904 ' §1075. (§826.) Returns, to whom made. All other companies 

§ 97? 69 ' 1079, or persons taxed shall make their returns of personal property to 
the receiver of the respective counties where the persons reside, 
or the office of the company is located, except that all persons, 
companies, or corporations conducting any business enterprise upon 
realty not taxable in the county in which such persons reside, or the 
office of the company or corporation is located, shall return for 
taxation their stock of merchandise, raw material, machinery, live 
stock, and all other personalty employed in the operation of said 



279 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 3. §§1076-1079 

Returns and payments, when and to whom made ; duty of receiver of returns. 

business enterprise, together with the manufactured goods, and all 
other products of such enterprise, and the notes and accounts made 
and the money used in the prosecution of such business enterprise, 
on hand at the time for the estimation of property for taxation, in- 
cluding all personalty of whatsoever kind connected with or used 
in said enterprise in any manner whatsoever, in the county in 
which is taxable the realty whereon such business enterprise is 
located or carried on; provided, that the provisions of this section 
shall not apply to those corporations required by law to make their 
returns to the comptroller-general. 

§1076. Tax returns, when made. Immediately after the first day Act * 4 1909 ' 
of March of each year, the Governor, comptroller-general, and State 
treasurer shall fix a day between January 1st and April 1st of 
each year as the day for making the returns of taxes, instead of 
April 1st, which day shall not be fixed until March 1st of each 
year. 

§1077. Returns, when received and when tax to be collected. The Acts 1909, 
' p. 73. 

comptroller-general is authorized and empowered to order the tax 

receivers of the State to commence receiving the returns of the 

taxable property immediately after the first day of April of each 

year, and the comptroller-general is empowered and required to 

cause the tax to be collected and to be paid into the treasury by 

the 20th of April of each succeeding year. 

§1078. Taxes payable where returns are made. All persons, com- Acts 1903, 
panies, and corporations, who are by law required or directed to re- 
turn any property for taxation to the officers of the several counties 
of this State, shall be required to pay the taxes on such property 
to the county in which such property is required or directed by law 
to be returned. 

§1079. Where returnable, how determined. If a county claims Acts 1903, 

' p. 16. 

to be entitled to the return and taxation of any property returned §§io69, 1075, 
or about to be returned in another county, such county may apply 
to the superior court of such latter county, in a petition to which 
the taxpayer and all the counties claiming such taxes shall be 
made parties, for direction and judgment as to which county is 
under the law entitled to such return and taxes, the proceedings 
being in all respects the same as in other suits in equity, except that 
such petition shall be for final trial at the first term of the court, 
and shall, as in cases of injunction, be reviewed by a fast bill of 
exceptions to the Supreme Court. 



§§1080-1085 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 3. 280 



Returns and payments, when and to whom made ; duty of receiver of returns. 



Tie! 903 ' §1080. Taxes collected pending litigation, how disposed of. Pend- 

ing the determination of the cause, accruing taxes shall be collected 
by the officers of the county to which returns may have been made 
by the taxpayer, but should another county be adjudged entitled 
to said taxes, judgment shall be entered in favor of the county 
entitled against the county collecting, for the portion thereof paid 
into the treasury of said collecting county. Should the amount 
of taxes so recovered exceed for any year the amount that would 
have been assessed for that year on the return as made by the tax- 
payer, had it been made in the county entitled, such excess shall 
be decreed to be returned to the taxpayer; should it fall short, 
execution shall be issued by the officers of the county entitled, as 
in case of defaulting taxpayers. 

Acts^ieo3, §1081. Commissions pending suit. No commission shall be paid 

§1234. i i^ tax-receiver or tax-collector on State and county taxes col- 

lected pending suit over it, as above provided, but the county's 
portion of said tax, together with commissions on State and county 
taxes allowed said officers, shall be paid into the county treasury 
of the county collecting, to wait the decision of said cause, and upon 
the final determination thereof the officers of the county adjudged 
entitled shall receive their legal commissions. The State taxes 
collected pending such suit shall be forwarded to the comptroller- 
general by the officer collecting, as though no such suit were pend- 
ing, but commissions allowed thereon shall be paid into the county 
treasury of his county to await the determination of said suit, as 
above provided. 

% ll{? 6 ' 1115, §1082. (§828.) Negligence of receiver, etc. It shall not be an ex- 
cuse to any person for not making a return of his taxes as the 
law requires, that the receiver should fail to advertise or fdl his 
appointments. 

§iio5. §1083. (§829.) One whose return has been refused, etc. The per- 

son whose return is refused may save a double tax by making his 
return to the ordinary, together with an affidavit in writing that he 
tendered said return to the receiver, stating the time when, place 
where, and persons present, and that it was refused. 

§1084. (§830.) What is no refusal. The claim of the receiver to 
assess a taxpayer's property is not a refusal to receive a return. 



Acts 1876, §1085. (§831.) Names to be taken in full. Receivers of tax re- 

turns in the various counties of this St; 
the first name in full of all taxpayers. 



§n82.' turns in the various counties of this State shall enter on their digests 



281 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 4. §§1086, 1087 



Form of tax returns. 



§1086. (§832.) Names of colored persons shall be entered alpha- A p ct ^ 1894 ' 
betically, etc. The tax-receivers shall place the names of the colored §1182 - 
taxpayers, in each militia district of the county, upon the tax digest 
in alphabetical order. Names of colored and white taxpayers shall 
be made out separately on the tax digest. 



SECTION 4. 
Form of Tax Returns. 

§1087. (§833.) Questions for taxpayers. For the purpose of hav- A p cts 8 1884 - 5 « 
ing a full and correct return of the real and personal property of 1886 ' p - 24 - 
this State, it shall be the duty of the receiver of tax returns to pre- 
sent a list to each taxpayer, which shall contain the following : 

Are you subject to poll-tax? 

Are you are daguerrean or other artist? 

Are you a lawyer ? 

Are you a doctor? 

Are you a dentist? 

How many hands are employed by you between the ages of twelve 
and sixty-five years? 

How many acres of land, except wild lands, do you own, or of how 
many are you the holder, either as parent, husband, trustee, execu- 
tor, administrator, or agent? "Where is the same located by number 
and section? "What is the value thereof? 

How many acres of wild land do you own or represent in this 
county, by number, district, and section ? What is the value thereof? 

What is the value of your improved city or town property, includ- 
ing the improvements thereon ? 

What is the value of your unimproved city or town property ? 

How many shares in the bank of which you are president, and 
what is the value thereof ? 

How much capital have you in the bank of which you are presi- 
dent, as a sinking fund, or surplus fund, and not represented in the 
value of the shares ? 

How much property, real and personal, does the bank of which 
you are president own, not used in the banking business, and what 
is the value thereof ? 

How much money or capital has the building association or the 
building and loan association of which you are the president, in 
loans ? 

How much money on hand ? 



§1087 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 4. 282 

Form of tax returns. 

Act | 8 1884 ' 5, "What is the gross value of your notes, accounts, or other obliga- 
1886, P . 24. tions for money, and the market value thereof — whether the same 
are within or without this State ? 

"What is the value of your turpentine-still and appurtenances ? 
/"What is the value of your leases or leased privileges or other assets 
of like character? 

The value of your merchandise of all kinds on hand ? 

The amount of capital invested in shipping and tonnage? 

The amount of capital invested in stocks of companies other than 
such companies as are required to be returned by the presidents or 
their agents to the comptroller-general? 

How much capital invested in bonds, except bonds of the United 
States and such bonds of this State as are by law exempt from tax- 
ation ? 

How much capital has the manufacturing company of which you 
are president, or agent, invested in the manufacture of woolen or 
cotton fabrics, including lands, and what is the value of your stock 
on hand, and what is your surplus fund? 

How much capital have you invested in iron-works, foundries, and 
machine-shops, including machinery and land? 

How much capital have you invested in mining, including lands, 
and what is your surplus fund? 

What is the value of your household furniture, including your 
tableware ? 

What is the value of your kitchen furniture ? 

What is the value of your office furniture? 

What is the value of your pianos, organs, and other musical in- 
struments ? 

What is the value of your sewing-machines? 

The value of your gold watches? 

The value of your silver watches? 

The value of your watches made from material other than gold or 
silver ? 

The value of gold and silver ware? 

The value of diamonds and jewelry worn by owner or not? 

The value of horses? 

The value of mules and asses ? 

The value of cattle? 

The value of sheep? 

The value of goats? 

The value of hogs? 

The value of carriages, wagons, and buggies? 



283 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 5. §§1088-1091 



Oath of taxpayer. 



The value of agricultural tools, implements, and machinery? 

The value of your library, pictures, paintings, and statuary ? 

The value of cotton, corn, and other farm products on hand and 
for sale? 

Value of guns, pistols, bowie-knives, and such articles? 

The value of portable sawmills, gins, engines, and other ma- 
chinery, or of such or other machinery, stationary or otherwise, and 
not returned as part of the realty? 

The value of all other property not herein mentioned ? 

Every persons shall return for taxes all jewelry and other prop- Act s 1909 - 
erty of every kind owned by his wife and minor children, unless the 
member of his or her family return their property for taxation. 

§1088. Lists for tax returns. It shall be the duty of the comp- A p c ^ 4 1909 - 
troller-general when he causes to be printed the lists which are to 81093- 
be presented to the taxpayer, as is required under existing laws, to 
incorporate therein the questions provided in this Chapter, and to so 
arrange them as to require a separate answer to each question, and 
the comptroller-general is authorized and required to include any 
other question in said lists which in his judgment will cause a fuller 
return of and reach property subject to taxation under the laws of 
this State, and shall omit from said lists such questions as are more 
explicitly covered and set forth in this Chapter or under existing 
laws. 

§1089. (§803.) Billiard-tables, etc. Where persons are specifically §§9 2 s. 962, 942. 
taxed for keeping a billiard or pool table, bagatelle-table, or ten-pin 
alley, they need not give in the value thereof. 

§1090. Consumer of fertilizer not to pay tax, when. The consum-^- 1901 ' 
ers of commercial fertilizers shall not be required to return for tax- 
ation any fertilizers where the land upon which the same is to be 
used has been properly returned for taxation ; and the several tax- 
receivers of this State shall not require consumers of commercial 
fertilizers, or any other manures commonly used by farmers and 
others as fertilizers, to return the same where the land upon which 
it is to be used has been properly returned. 



SECTION 5. 

Oath of Taxpayer. 

§1091. (§834.) Oath of taxpayers. The oath to be administered Acts i884-s, 
to all persons making returns of taxable property for themselves orisse, p. 24. 



§§1092, 1093 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 6. 



284 



Blanks, lists, and digests. 



1909. p. ri. 
§§1003, 1004. 
Penal Code, 
§267. 



Acts 1909, 

p. 72. 
Penal Code, 

§278. 



as agent of another, and to be attached to the lists provided for in 
this Chapter, shall be as follows: "I do solemnly swear that I have 
carefully read (or have heard read) and have duly considered the 
questions propounded in the foregoing tax-list, and that the value 
placed by me on the property returned, as shown by said list, is at 
the true market value thereof; and I further swear that I returned, 
for the purpose of being taxed thereon, every species of property 
that I own in my own right, or have control of, either as agent, ex- 
ecutor, administrator, or otherwise ; and that in making said return, 
for the purpose of being taxed thereon, I have not attempted, either 
by transferring my property to another or by any other means, 
to evade the laws governing taxation in this State. I do further 
swear that in making said return I have done so by estimating 
the true worth and value of every species of property contained 
therein." Which oath shall be subscribed by the persons making 
the return, and the administration and taking of the oath shall 
be attested by the receiver of tax returns; but the oath of non- 
residents, females, and sick persons may be taken and subscribed 
before any person authorized to administer an oath, and cause the 
same to be delivered to the tax-receiver, who shall receive the same. 

§1092. Oath of taxpayer must be actually administered. It shall 
be the duty of the receiver of tax returns of the several counties 
of this State, before receiving the returns of any taxpayer, to act- 
ually administer the oath required by law of taxpayers, the oath 
being read by the taxpayer in the presence of and in the hearing 
of the tax-receiver, or by the tax-receiver in the hearing and pres- 
ence of the taxpayer ; and for failure of such receiver to so adminis- 
ter such oath, except in those cases where by law said oath may be 
made before some other persons, such receiver will be guilty of a 
misdemeanor. 



Acts 1884-5, 
p. 28. 
1886, p. 24. 
§1088. 



SECTION 6. 

Blanks, Lists, and Digests. 

§1093. (§835.) Lists furnished to tax-receivers. It shall be the 
duty of the comptroller-general to have the lists provided for in 
this Article printed with the oath required by preceding sections 
attached thereto, and, at the time of forwarding the digests to the 
receivers of tax returns, he shall forward to each receiver of tax re- 
turns a sufficient number of such lists to enable them to take the 
returns of the taxpayers of their respective counties ; the lists fur- 



285 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 7. §§1094-1099 

Assessment or arbitration in case of insufficient return. 

nished by the comptroller-general, as above provided, shall be so 
arranged as to make the items in the same correspond as nearly as 
practicable with the items on the digests as furnished to the receivers 
of tax returns. 

§1094. (§836.) Comptroller to furnish receivers blank forms. The A ^ b J 84 ^ 76 
receivers of tax returns in making the digests shall conform to the 
forms furnished and shall make out three digests, and each digest 
shall be of uniform size, and when returned shall be bound and 
labeled. 

§1095. (§837.) Returns, how entered in digests. Land and inter- A p et | 9 J 8512, 
est in land, together with the returns of personal estate and other §11S2- 
interests the subject of taxation, must be returned and set down in 
the digest in separate columns according to the classification fur- 
nished the receivers by the comptroller-general in each year, and 
their aggregate value carried out. 

§1096. (§838.) Number of digests, to whom furnished. The re- Act | 9 i 851 - 2 - 
ceiver must make out three of such digests in a fair and legible hand- § |^ 5, 1128, 
writing, and furnish, by the first day of August in each year, one 
to the comptroller-general, one to the ordinary, and one to the tax- 
collector. 



SECTION 7. 

Assessment or Arbitration in Case of Insufficient Return. 

§1097. (§839.) In case of false return, tax-receiver to assess value. Acts } srjS > 
Each return shall be scrutinized carefully by the tax-receiver, and if §§1945, ioso, 
in his judgment he shall find the property embraced in the return, 
or any portion of it, returned below its value, he shall assess the 
value at once or within thirty days thereafter. 

§1098. (§840.) Subsequent proceedings. If such assessment is notActs isss, 
made by the receiver instanter, he shall give the taxpayer notice of § 113Q - 
his assessment, and in either case it shall be the taxpayer's privi- 
lege to have it left to three disinterested persons, one of whom he 
shall select, the other shall be selected by the receiver, and these 
two shall select a third if they disagree, a majority of whom shall fix 
the assessment. 

§1099. (§841.) Property returned below its value. It is the privi-§§ii32, use. 
lege of any taxpayer of the county where a return is made to com- 



§§1100-1104 EIGHTH TITLE.— CHAPTER 2, ART. 2, SEC. 8. 



286 



Acts 1859, 
p. 70. 



Overpayment and mistakes, how corrected. 



plain to the receiver at any time before his digest is completed that 
any return is below the true value of the property ; in which case 
he shall notify the person who made the return complained of, if 
practicable, verbally or by writing, giving him the name of complain- 
ant and the ground of complaint, and shall proceed to have a new 
assessment in the terms of the preceding section. 



§1100. (§842.) Oath of assessors. Whenever such assessors are 
called in, they shall take an oath before the receiver to do justice 
between the parties at variance touching the true assessment of the 
tax return. 



Act 1S45, 

Cobb, 1077. 
§§7, 303, 4317. 



Act 18-45, 

Cobb, 1078. 
§§345, 4317. 



Acts 1855-6, 

p. 275. 
§4317. 



>cts 1855-6, 
p. 275. 



SECTION 8. 

Overpayment and Mistakes, How Corrected. 

§1101. (§843.) Mistakes, how corrected. If a receiver makes a 
mistake in his digest, it is the duty of the comptroller-general, with 
the sanction of the Governor, to correct such mistake by making the 
necessary entries in the digest furnished the comptroller, and must 
in writing notify the ordinary and the tax-collector of the county 
from which such digest comes, of such mistake and correction. 

§1102. (§844.) Tax overpaid "to be refunded when in the treasury. 

If by reason of such mistake, or from any other cause, a taxpayer's 
money is in the treasury for a greater amount than he is liable for, 
of which such officer is clearly satisfied, he may certify the same to 
the Governor, who shall, if he approves, draw his warrant on the 
treasury in favor of such taxpayer for the proper amount, out of 
any moneys not otherwise appropriated. 

§1103. (§845.) And before reaching the treasury. If such mistake 
is ascertained before the tax-collector has paid the amount into the 
treasury, the comptroller-general, with the sanction of the Gov- 
ernor, shall authorize such collector to refund the amount, or, if he 
has not collected it, to order him to desist. 

§1104. (§846.) Doubtful cases. When any similar cases arise 
which are doubtful in the opinion of the Governor, he shall refer 
the matter to the General Assembly. 



287 EIGHTH TITLE.— CHAPTER 2, ART. 2, SECS. 9, 10. §§1105-1108 



Double tax, when collected ; relief from double tax. 



SECTION 9. 

Double Tax, When Collected. 

§1105. (§847.) Defaulters to be doubly taxed. If a person fails to ^i 81 ^ 
make a return, in whole or in part, or fails to affix a value to his prop-^ 184 ^ 
erty, it is the dnty of the receiver to make the valuation and assess ^i 84 ^ 
the taxation thereon, and in all other respects to make the return A p ct | 9 J 851 - 2, 
for the defaulting person from the best information. he can obtain, IsKV^o 49 " 
and having done so, he shall double the tax in the last column of § iJs3 9, 10 «° 7 ' 
the digest against such defaulters, after having placed the proper 
market value or specific return in the proper column ; and for every 
year's default the defaulter shall be taxed double until a return is 
made. 

§1106. (§848.) Property not returned to be doubly taxed. If there §§1132, ios2. 

is taxable property, real or personal, in a county, that to the satis- 
faction of the receiver, when he comes to conclude his digest, is not 
returned by any person, and he does not know the owner or posses- 
sor, it is his duty to assess and double-tax it, describing it particu- 
larly ; and the same power is conferred on the tax-collector as to such 
property, when not assessed, or overlooked by the receiver. 



SECTION 10. 

Relief from Double Tax. 

§1107. (§849.) When defaulters not liable for double tax. If per- §§ 1064 bo- 
sons who are required to give in land in the counties where situated 
fail so to do, they shall be liable only for the real tax assessed by the 
receiver, unless they fail to pay the amount by the time required ; in 
which event the collector shall collect the double tax and issue proc- 
ess therefor. 

§1108. (§850.) Defaulting taxpayer, how relieved. When a tax- Acts i860, 
payer has been returned as a defaulter and doubly taxed, either by* 1212 - 
the receiver or collector, the ordinary is authorized to relieve the de- 
faulter of the penalty for default at the time said ordinary allows 
the collector his insolvent lists : Provided, that said taxpayer shows 
to such ordinary, by satisfactory evidence, that either from providen- 
tial or other good cause he had not an opportunity to make his re- 
turns to the receiver of tax returns, and at the time of such release 
promptly pays his proper tax and one dollar to the collector as his 



§§1109-1113 EIGHTH TITLE.— CHAPTER 2, ART. 2, SECS. 11, 12. 



288 



Liability of agents of non-residents ; taxes of former years. 



Act 1804, 
Cobb, 1051. 



fee. The collector shall promptly inform the comptroller-general of 
such release and the amount of taxes paid. 

§1109. (§851.) Defaulters, how relieved from double tax. All 

defaulters may at any time, and for the same causes, before the di- 
gest is made up and ready to be sent to the comptroller, save the 
double tax by likewise giving in to the ordinary and paying him one 
dollar, who shall give a copy of such returns instanter to the re- 
ceiver, and he shall enter it in the several digests. 



Act 1815, 
Cobb, 1062. 



§1110. (§852.) Defaulter's oath. The ordinary shall require the 
taxpayer to swear to the cause of his delay, and shall state the same 
in the copies furnished the comptroller or receiver. 

§1111. (§853.) Persons wrongly judged as defaulters, how re- 
lieved. When a person shall have lawfully returned and paid his 
taxes in one county, and is treated as a defaulter in another for the 
same tax or any portion thereof, the grand jury or the ordinary of 
the county claiming the tax may discharge said defaulter, which 
will exempt him from liability for it, and shall authorize the comp- 
troller to credit the collector for the same, and the Governor to draw 
his warrant therefor. 



Act 1804, 

Cobb, 1047. 
§1138. 



SECTION 11. 

Liability of Agents of Non-Residents. 

§1112. (§854.) Agents of non-residents. All persons who give in 
property for persons not resident in the State shall be personally 
liable for the taxes, as well as the principal and his property. 



Act 1813, 
Cobb, 1060. 
|§1140, 3329. 



SECTION 12. 

Taxes of Former Years. 

§1113. (§855.) Taxes for former years, how returned and col- 
lected. Receivers and collectors are required to receive the returns 
and to collect the taxes thereon for former years, when any person 
is in default, which taxes shall be assessed according to the law in 
force at the time the default occurred, and shall be so specified in 
the digest. 



289 EIGHTH TITLE. —CHAP. 2, ART. 2, SECS. 13, 14, 15. §§1114-1116 

Estates not liable for double tax, when ; liability of tax officers to third parties ; colored taxpayers. 

SECTION 13. 
Estates not Liable for Double Tax, When. 

§1114. (§856.) Estate not liable to default, when. The estate of Act 1543, 

• ,, Cobb, 1057. 

any person shall not be liable for default when said person may have 
died before the time expired for giving in taxes for the year, and 
the representatives or any heir may give in the same, and in any 
event, for that year, such estate shall not be liable to double tax. 



SECTION 14. 
Liability of Tax Officers to Third Parties. 

§1115. (§857.) Officer liable for failure of duty. If, any person Acts isso-i, 

p. 45. 

has given m his lands as herein prescribed, and shall suffer injury by§io82. 
the failure of the receivers of tax returns to do their duty, the officer 
so offending shall be liable on his bond to the party so damaged for 
the full value of the land sold. 



SECTION 15. 
Colored Taxpayers' Returns. 

§1116. (§858.) Returns of taxes paid by colored people to be made. Acts 1874, 

The several receivers of tax returns and tax-collectors in this State, §252. 
or other officers performing similar duties, shall make returns to the 
comptroller-general of the character and amount of all taxes re- 
turned or paid by colored taxpayers in this State. And it shall be 
the duty of the comptroller-general in his annual report to make a 
general exhibit of the character and amount of the taxes so re- 
turned. 



§§1117-1121 EIGHTH TITLE.— CHAPTER 2, ART. 3, SEC. 1. 



290 



List of insolvents and defaulters ; insolvent lists. 



ARTICLE 3. 
List of Insolvents and Defaulters. 



Act 1804, 
Cobb, 1049. 

Acts 1855-6, 
p. 136. 

1857, p. 132. 

§§1125, 1128. 



Acts 1S78-9, 
p. 180. 
§§1014, 1203. 



Acts 1878-9, 
p. 180. 



Acts 1861, 
p. 80. 
1900, p. 42. 



Acts 1857, 

p. 132. 
1861, p. 80. 
§§1156, 1165, 

1166, 1225. 



SECTION 1. 

Insolvent Lists. 

§1117. (§859.) When collectors to pay taxes into treasury and 
present insolvent list. The several collectors must pay into the State 
treasury the taxes of their respective counties by the twentieth day 
of December of each year, and shall at the same time present their in- 
solvent list, duly certified to have been allowed them by the proper 
authority. 

§1118. (§860.) Insolvent list, by whom allowed. Insolvent lists of 
tax-collectors shall alone be allowed by the ordinary, county judge, 
commissioners of roads and revenues, 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." 

§1119. (§861.) Lists, how allowed. Said official tribunals shall, if 
they have reason from any cause to suspect the return of the re- 
turning officer to be incorrect in any particular, to cause such fi. fa. 
to be sent out again for collection. But 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 taxpayers on said list have no property out 
of which the tax can be collected. 

§1120. (§862.) On what tax allowed. The proper tribunal in 
making out such list shall be required to state how much is allowed 
the collector on account of the State tax, and how much is allowed 
on the county tax ; and furnish the comptroller-general an alpha- 
betical list of the names of insolvent taxpayers, the militia district 
in which each resides, and the amount of each fi. fa. 

§1121. (§863.) Ordinary to retain copy of list, constable to col- 
lect fi. fas. When the collector shall have his insolvent list credited, 
it shall be the duty of the tribunal allowing it to retain a copy of 
such list and direct the collector to issue executions for the same, 
and place them in the hands of some constable of the county for 
collection, who shall be entitled to the same fees as he is entitled to 



291 EIGHTH TITLE.— CHAPTER 2, ART. 3, SEC. 1. §§1122-1127 

Insolvent lists. 

for other executions, and two and one half per centum, and the bal- 
ance shall be paid by the constable to the ordinary, whose duty it 
shall be to transmit the same to the treasury. 

§1122. (§864.) Disposition of insolvent list. When such lists are 
allowed, they must be entered on the minutes of the court, and the 
ordinary, or other tribunal, must furnish the collector certified copies 
thereof, stating in the certificates when and by what tribunal al- 
lowed. 

§1123. (§865.) Comptroller to wait for insolvent list, how long. A p c p ts ^J 861 ^ 
Whenever the comptroller-general shall be satisfied that a tax-col- 
lector has exercised due diligence in his efforts to have his insolvent 
list allowed within the time prescribed by law, the said comptroller- 
general shall be authorized, if in his judgment the public interest 
will not suffer thereby, to wait with the collectors fifteen and not 
exceeding thirty days for said insolvent list, before issuing fi. fa. for 
the same. 

§1124. (§866.) When not. They shall not, under any circum- A £ bb 1812 659 
stances, be allowed or credited with such lists after executions are 
issued against them for taxes, until they go to the comptroller-gen- 
eral and settle fairly and fully with him. 

§1125. (§867.) When time shall be granted to receivers and col- A ^* b J 8 ^ 
lectors. The time by which digests shall be completed and the taxes 'JJjgfjJJJ 8 ' 
paid does not apply to receivers and collectors who have not been 112S - 1181 - 
in office long enough to make such compliance, but in all such cases 
such officer must respond to the requirements of the comptroller- 
general. 

§1126. (§868.) Newly elected receivers and collectors. Such ffi-§§ 11811183 
cers are not liable for the penalties fixed for those regularly elected, 
until the time allowed by the comptroller-general has expired, unless 
they have been so long in office as would have been sufficient for 
the regular officers. 

§1127. (§869.) Collector to make a schedule of defaulters. It is^g 57 - 
the duty of the collector to examine the digest of the receiver, and 
if he knows of any default not entered, to make a schedule of such 
in the same manner as done by the receiver, and of any other that 
he may then or afterwards learn, and of their property, and assess 
a double tax in the same manner the receiver is allowed to do, one 
copy of which shall be furnished to the comptroller-general to add 
to the digest in his office, and another to the receiver, who shall like- 
wise correct his digest. 



§§1128-1132 EIGHTH TITLE.— CHAPTER 2, ART. 3, SEC. 2. ART. 4. 292 

Record of tax defaulters ; duty of comptroller as to delinquent taxpayers. 



Act 1843, 
Cobb, 1074. 



§§1125, 1181. 



§1128. (§870.) Comptroller may allow further time. And in other 
cases where any unexpected obstacles occur to completing the digest 
or paying over the taxes within the time prescribed, it is in the dis- 
cretion of the comptroller-general to allow further and sufficient 
time. 



Acts 1884-5, 
p. 28. 



Acts 1884-5, 
p. 28. 



Acts 1884-5, 
p. 28. 



SECTION 2. 

Record of Tax Defaulters. 

§1129. (§871.) Record of tax defaulters. The tax-collectors shall 
record in a book kept for the purpose, in alphabetical order and by 
militia districts, the names of all persons who have not paid their 
taxes, placing opposite the name of such person the amount he is due 
for such tax, said record to be made in a well-bound book, to be fur- 
nished at the expense of the county, and the record so required to 
be made shall be filed by the first day of July of each year with the 
court or board of commissioners having charge and control of the 
county affairs. 

§1130. (§872.) Tax collected after record, how applied. When 
any tax shall be collected after said record is made, it shall be ap- 
plied to oldest tax demand against said person paying the same. 

§1131. (§873.) Pay of collector and forfeiture of commission. For 

the service in making said record, the tax-collector shall have the 
sum of five dollars for every hundred names so recorded on said 
book, to be paid out of the county treasury ; and for his failure to 
discharge the duties herein required of him such collector shall for- 
feit one fourth of his commissions. 



j§1042, 521, 
1099, 1106. 



ARTICLE 4. 

Duty of Comptroller as to Delinquent Taxpayers. 

§1132. (§874.) Defaulting corporations. If any corporation, com- 
pany, person, agency, or institution, who are required to make their 
returns to the comptroller-general, shall fail to return the taxable 
property or specifics, or pay annually the taxes for which they are 
liable to the State treasury, the comptroller-general shall issue 
against them an execution for the amount of taxes due, according 
to law, together with the costs and penalties. 



293 EIGHTH TITLE.— CHAPTER 2, ARTICLE 4. §§1133-1139 

Duty of comptroller as to delinquent taxpayers. 

§1133. (§875.) Forfeiture of charter of delinquent corporations. §§2241, 2242 - 

The penalty against all such corporations shall be the forfeiture of 
their charters, and if not chartered by this State, then the immediate 
suspension of their business therein. 

§1134. (§876.) Penalty, where there is no special provision. The 

penalty or default tax on banks, railroads, and other corporations, 
where there is no special provision, shall be three times the amount 
of their lawful tax. 

§1135. (§877.) Foreign insurance companies, penalty. The pen-§ii33." 
alty or default tax on foreign insurance companies shall be five hun- 
dred dollars ; on foreign bank agencies, two thousand dollars ; on ex- 
press companies, ten thousand dollars. 

§1136. (§879.) When there is no return. When there is no return §§1099, 1050. 
by which to assess the tax, the comptroller-general shall, from the 
best information he can procure, assess in his discretion. 

§1137. (§880.) Executions issued against corporations; how di-§§n42, 1145, 
rected. The executions issued by the comptroller-general against 
any company shall be directed to all and singular the sheriffs and 
other lawful officers of this State, with directions to levy the same 
on the property of the corporation or company, with power to issue 
and serve garnishments upon the debtors of the corporation. 

§1138. (§881.) Executions against agents, etc. The executions §m2 . 
against agents of foreign institutions as aforesaid shall be against 
the principal agent or his successor, and shall authorize the officer 
to levy on all the property of the agency, to seize its money, notes, 
or other effects. 

§1139. (§882.) Money collected on fi. fa. "When an officer collects §5342. 
money on such process, or on any other issued by the comptroller- 
general, he shall, without delay, remit the same to him by some safe 
and speedy method, and on failure to do so, is liable as he would be 
to other plaintiffs. 



§§1140-1144 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 1, 2. 294 

Tax fi. fas. and sales ; lien of tax fi. fas. ; interest on tax fl. fas. 



ARTICLE 5. 
Tax Fi. Fas. and Sales. 



Act 1804, 
Cobb, 1050. 

§§3333, 3329, 
1113. 



63 Ga. 4S3. 
§1167. 



SECTION 1. 

Lien of Tax Fi. Fas. 

§1140. (§883.) Taxes to be first paid. Taxes shall be paid before 
any other debt, lien, or claim whatsoever, and the property returned 
or held at the time of giving in, or after, is always subject. 

§1141. (§884.) Lien of tax not divested by judicial sale. A sale 
of property under any other process does not divest the lien of the 
State for taxes. 

A c c obb 180 io5o. § 1142 - (§885.) Conveyances and judgments to avoid payment of 
§§ni3, 3329. taxes, void. All deeds of gift, mortgages, sales and assignments of 
property of any kind, made to avoid payment of taxes, or judgments 
procured to be rendered for the same purpose, are null and void. 

A c c obb 180 i65o. § 1143 - (§ 88 6.) Donee, etc., property liable. The person holding 
such property, or to whom such conveyance may be made, is liable 
for such taxes, and the property also, whenever found, no matter in 
whose possession it may be. 



Acts 1889, 
p. 31. 

§§504, 1146. 



SECTION 2. 

Interest on Tax Fi. Fas. 

§1144. (§887.) Tax fi. fas. bear interest. All executions issued for 
taxes due the State or any county thereof, or any municipal corpo- 
ration therein, whether issued on assessments for permanent im- 
provements of streets or sewers of said municipal corporation, or 
otherwise, shall bear interest at the rate of seven per cent, per annum 
from the time fixed by law for issuing the same : Provided, that this 
section shall not apply to taxes or tax fi. fas. issued by any munici- 
pal corporation imposing penalties for failure to pay taxes. 



295 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 3, 4. §§1145-1148 



Transfer of tax fi. fas. ; dormancy of tax fi. fas. 



SECTION 3. 

Transfer of Tax Fi. Fas. 

§1145. (§888.) Transfer of tax fi. fas. Whenever any person, A p c p ts ^^ 
other than the person against whom the same has issued, shall pay^?> g- ^ 9 
any execution issued for State, county, or municipal taxes, or any §5969 - 
other execution issued without the judgment of a court, under any 
law, the officer whose duty it is to enforce said execution shall, upon 
the request of the party paying the same, transfer said execution to 
said party ; and said transferee shall have the same rights as to en- 
forcing said execution and priority of payment as might have been 
exercised or claimed before said transfer : Provided, said trans- 
feree shall have said execution entered on the general execution- 
docket of the superior court of the county in which the same was 
issued, and if the person against whom the same was issued resides 
in a different county, then also in the county of such person's resi- 
dence, within thirty days from said transfer. 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. 

§1146. (§889.) Interest on transferred tax fi. fas. All tax fi. f as. A p c _V 887 - 
transferred to third parties shall bear interest, at the lawful rate, §1144 - 
from date of transfer : Provided, the same have been recorded as 
prescribed by law. 



SECTION 4. 
Dormancy of Tax Fi. Fas. 

§1147. (§890.) Tax fi. fa. dormant, when. All State, county, city Acts isot, 

p. 23. 

or other tax fi. fas., before or after legal transfer and record, shall § 43 p- 
be enforced within seven years from the date of their issue ; or' 
within seven years from the time of the last entry upon the tax fi. 
fa. by the officer authorized to execute and return the same, if said 
entry is properly entered by said officer upon the execution-docket 
and books in which said entries are now required to be made in 
cases of entries on executions issued on judgments. 

§1148. (§891.) Laws as to judgments applicable to tax fi. fas. All§4355. 
laws in reference to a period of limitation as to ordinary executions 
for any purpose, or to the length of time or circumstances under 



§§1149-1152 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 5, 6. 296 



Alias tax fl. fas. ; tax executions, when and by whom issued. 



which they lose their lien in whole or in part, are made applicable 
to tax fi. fas. 



SECTION 5. 

Alias Tax Fi. Fas. 

Tigs 882 ""' §1149. (§892.) Alias tax fi. fas. When any tax execution which 
1904, p. 55. ghaji j iave k een re g U i ar iy i SSU ed by the tax-collector of any county 
of this State, or by the proper officer of any city, town, or village in 
this State, shall be lost or destroyed, an alias execution, in lieu of 
such original execution, may issue upon the party having the right 
to control such original execution filing with the ordinary of the 
county in which it issued a statement under oath of the loss or de- 
struction of such original. The ordinary shall indorse on the copy 
issued in lieu of said original, the word "Alias." 

A cobb 8 °i659. §1150. (§893.) Force and effect of alias. Said alias execution 
shall have all the legal force and effect of the lost or destroyed orig- 
inal execution. 



SECTION 6. 
Tax Executions, When and By Whom Issued. 
§§5i7, 523, §1151. (§894.) Tax-collector's fi. fas., when and how issued. Ex- 

1137, 1160, . , 

122 9- ecutions for non-payment of taxes, against persons who are not re- 

quired to pay to the treasurer, are issued by the tax-collectors of 
their respective counties as soon as the last day for payment has 
arrived, and must be directed to all and singular the sheriffs and 
constables of this State. 

Acts 1903, §1152. Execution to issue against delinquents. In addition to the 

§§9i6, 1157. remedy heretofore given the State for the collection of special occu- 
pation and license taxes due the State by persons following the oc- 
cupation and failing and refusing to pay the tax or license, as well 
as for any taxes that may now be due the State as occupation or 
license tax, it is the duty of the officer charged with the collection 
of said tax or license, where the same is due, to issue an execution 
against such delinquent taxpayer for the amount of said occupation 
or license tax. 



297 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 7, 8. §§1153-1157 

Garnishment on tax fi. fas. ; insolvent tax fi. fas. 

§1153. Other remedies not repealed. The remedy here given the 
State does not repeal the remedy heretofore given, but the right to 
prosecute criminally persons violating the laws by failing to pay the 
tax and refusing to register shall be cumulative to the remedy of 
issuing execution against such delinquent taxpayer. 



SECTION 7. 

Garnishment on Tax Fi. Fas. 

§1154. (§895.) Tax-collector may issue garnishment. "When any Act ^i855-6, 
tax-collector can find no property of the defendant on which to levyS§ 876 - 1137. 
any tax execution in his hands, it shall be his duty to make an entry 
to that effect on said execution ; and such tax-collector may then 
issue summons of garnishment against any persons who he may 
believe is indebted to the defendant, or who may have property, 
money, or effects in his hands belonging to the defendant ; which said 
summons of garnishment shall be served by the tax-collector, the 
sheriff, his deputy, or any constable of the county in which the gar- 
nishee may reside, at least fifteen days before the sitting of the court 
to which the same is made returnable, and returned to the superior 
court of the county for which he is tax-collector. 

§1155. (§896.) Proceedings thereon. Said tax-collector shall en- A p ct y 855 - 6 - 
ter on said execution the names of the persons garnished, and re- §§o26 °' 877 - 
turn said execution to said superior court, and all the subsequent 
proceedings shall be the same as now provided by law in relation to 
garnishments in other cases where judgment has been obtained or 
execution issued. 



SECTION 8. 

Insolvent Tax Fi. Fas. 

§1156. (§897.) Insolvent tax fi. fas. may be put out. The county ^y 880 " 1 ' 
authorities of any county in this State shall place such tax execu-SJ^i^iies, 
tions as have been returned insolvent, in the hands of the sheriff or 
any constable of the county for collection, to be levied, and sales 
thereunder to be made in accordance with the regulations governing 
sales under executions issued from common-law judgments. 

§1157. Nulla bona entry, practicing after made. When a nulla §§9is, 4933, 

J ' r & . 1152, 1697. 

bona entry has, by proper authority, been entered upon an execution 



§§1158-1160 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 9, 10. 



298 



Tax fi. fas., on what levied ; claims, how interposed. 



issued By the tax-collector of any county against any person for a 
special tax, such person shall not then be allowed or entitled to have 
or collect any fees or charges whatever for his services rendered 
after the entry of such nulla bona : Provided, however, that if, at 
any time after the entry of nulla bona has been made, said person 
whom said execution issues against shall pay the tax in full with 
all interest and costs accrued thereon, he shall then (after such pay- 
ment) be allowed and entitled to collect any fees and charges due 
him, as though he had never defaulted in the payment of the taxes. 



Acts 1896, 
p. 37. 



Penal Code, 
§470. 



§6028. 



SECTION 9. 

Tax Fi. Fas., on What Levied. 

§1158. (§898.) Defendants may point out property. Defendants 
in fi. fas. issued by tax-collectors for taxes shall have the privilege of 
pointing out the property upon which to levy said fi. fas., but it 
shall be within the discretion and power of the collector to have the 
proper officer levy the same on any other property he may point out, 
whenever he deems it necessary to secure the prompt collection of 
the tax fi. fas. 



Act 1810, 
Cobb, 1056. 

Act 1840, 
Cobb, 1072. 



§§517, 524, 
1137, 1151. 



SECTION 10. 
Claims, How Interposed. 

§1159. (§899.) Claim may be interposed when tax fi. fa. is levied. 

When property is levied on under a tax fi. fa. issued either by the 
comptroller-general or tax-collector, it may be claimed by a third 
person and tried in the same manner as other claims are, except 
that the claimant shall give a bond and security for the eventual 
condemnation-money, and if found subject, such claimant and his 
sureties shall be in all respects liable as on appeal bond. 

§1160. (§900.) Claim if fi. fa. against tax-collector. When any 
execution may be issued against any tax-collector or taxpayer for 
taxes due the State, or any county thereof, and the sheriff or other 
officer shall levy the same on property claimed by a person not a 
party to such execution, such claimant shall make oath provided in 
the case of other claims, and give bond, and the same proceedings 
shall be had thereon as provided for the trial of the right of prop- 



299 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 11, 12, 13. §§1161-1165 

Costs and fees ; no judicial interference ; levy and sale under tax fl. fas. 

erty, except that such trials shall be had in the county wherein the 
levy was made. 



SECTION 11. 
Costs and Fees. 



§1161. (§901.) Cost of collecting tax fi. fa. Whenever the sheriff Actysso-i, 
or other officer of any county shall collect any tax fi. fa. over one 
.hundred dollars, he shall be entitled to one dollar for costs; and for 
collecting any tax fi. fa. of one hundred dollars or under, fifty cents 
for costs. 

§1162. (§902.) Fee for issuing tax fi. fas. Tax-collectors shall be^y 861 ' 
allowed a fee of fifty cents for issuing tax fi. fas. ; but no tax-collec- 
tor, sheriff, or constable shall receive costs on said fi. fas., unless the 
same be collected from the defendant. 



SECTION 12. 

No Judicial Interference. 

§1163. (§903.) No judicial interference with taxes. No replevin A c ^ b J 84 ^ 51 
shall lie, nor any judicial interference be had, in any levy or distress *goj>. 524, 
for taxes under the provisions of this Code, but the party injured 
shall be left to his proper remedy in any court of law having juris- 
diction thereof. 



SECTION 13. 

Levy and Sale Under Tax Fi. Fas. 

§1164. (§904.) Purchase by one bound to pay. One who is bounds Ga. 604. 
to pay the tax on property can not strengthen his title by purchas- 
ing at a tax sale ; such purchase will be treated as payment. 

§1165. (§905.) By whom levied, and sales under. Executions may Acts istg, 
be levied by either of the officers to whom directed, or other officer §§1121, ii56, 

J ' 4767, 6034, 

who by law may be authorized in their place; but a constable can i 22 5- 
not levy a tax fi. fa. when the principal amount exceeds one hundred 
dollars, and if a tax fi. fa. for less than one hundred dollars be levied 
by a sheriff, his fee for said levy shall be that now allowed consta- 



§§1166-1168 EIGHTH TITLE.— CHAPTER 2, ART. 5, SEC. 14. 



300 



Tax execution in rem and sale thereunder. 



bles, and if the levy be made upon personalty, the same shall be 
advertised and sold as is now provided for justice-court fi. fas. If 
the constable levies on land, it must be returned to and sold by the 
sheriff of the county. 



Acts 1899, 

p. 26. 
§§1174, 1162, 

4696, 5343, 



1121, 
1225. 



1156, 



§§6056, 1141, 
1226. 



§1166. (§906.) Duties of tax-collector and levying officer. The 

tax-collector may place his fi. fas. in the hands of any one constable 
of the county, who shall be authorized to collect or levy the same 
in any part of the county, and it shall be the duty of the constable 
or constables, or other levying officer to whom the tax-collector may 
deliver said tax fi. fas. for collection, to proceed promptly to enforce 
by levy and sale the collection of the same, and said levying. or 
collecting officer shall make prompt settlements with the tax-col- 
lectors, and in no event shall he be allowed longer than ninety 
days from the time the fi. fas. are placed in his hands, within which 
to make final settlement with the collector and return to him the 
tax collected and the uncollected fi. fas. with proper entries thereon. 
Any constable or other levying officer who shall fail or refuse to 
make such final return or settlement within the time above stated 
shall forfeit all costs that might be due him on said fi. fas., and be 
subject to be ruled before any court of competent jurisdiction and 
made to account as required by this section. 

§1167. (§907.) Sales under tax fi. fas. Sales under tax fi. fas. shall 
be made under the same rules governing judicial sales. 



SECTION 14. 
Tax Execution in Rem and Sale Thereunder. 

§no6. §1168. (§908.) Property not returned but assessed, how disposed 

of. "When property is assessed for taxes which has not been re- 
turned by any one, as soon as assessed the tax-collector shall at once 
issue an execution against it for the amount due and costs, and the 
sheriff shall advertise it for sale in some public gazette ninety days 
before the day of sale, and if by said day the taxes are not paid, it 
shall be sold : Provided, renting or hiring will not bring the requi- 
site amount. Whatever overplus there may be shall be paid over 

§1175. to the ordinary as a part of the educational fund, with a statement 

of the property and account of sales, subject to the claim of the 
true owner within four years. 



301 EIGHTH TITLE.— CHAPTER 2, ART. 5, SEC. 15 §§1169-1173 



Redemption of property sold for taxes. 



SECTION 15. 

Redemption of Property Sold for Taxes. 

§1169. Land sold may be redeemed. Where real estate has been A p ct | g 1898 ' 
sold under any State, city, county, or school tax fi. fa., the same may 5§880, n ' 9 ' 
be redeemed at any time within twelve months after the sale by the 
defendant in tax fi. fa., his guardian or trustee, heirs or personal 
representatives, or by any tenant in common, remainderman, or 
other persons having an interest in such property, or by the holder 
of any mortgage, judgment, lien, or other interest in said property, 
or by any creditor of the defendant in fi. fa., by paying the pur- 
chaser 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. 

§1170. Effect of redemption. When property has been redeemed, 
the effect thereof shall be to put the title conveyed by the tax sale 
back into the defendant in fi. fa., subject to all liens existing at the 
time of the tax sale, and if the redemption has been made by any 
creditor of the defendant or person having any interest in the prop- 
erty, the amount expended by such creditor or person interested shall 
constitute a first lien thereon and be repaid prior to claims upon the 
property, if the quitclaim deed hereinafter provided for is recorded 
as required by existing laws. 

§1171. Redemption by creditor without a lien. If the property is 
redeemed by a creditor of the defendant in fi. fa. who has no lien, 
such creditor shall have a claim against the property for the amount 
advanced by him in order to redeem the same, in case there is there- 
after any sale of the property under a judgment in favor of such 
creditor, and if the quitclaim deed is recorded as required by law. 

§1172. Quitclaim deed by purchaser. In all cases where property 
is redeemed, the purchaser at the tax sale shall make a quitclaim 
deed to the defendant in fi. fa., reciting therein by whom the re- 
demption money has been paid, and in what capacity, or under what 
claim of right or interest the same was paid, which shall be prima 
facie evidence of the facts stated. 

§1173. (§910.) How redeemed. Whenever any wild land is sold^^ 880 " 1 ' 
by virtue of a tax execution, the owner thereof, or the executor, §§n79 ' 8S0 - 
administrator, guardian, or trustees of such owner shall have the 
privilege of redeeming said land thus sold, within two years from 
the date of such sale, by paying to the purchaser the amount paid 



§§1174-1177 EIGHTH TITLE.— CHAPTER 2, ART. 5, SECS. 16, 17, 18. 302 

Tax fl. fas. levied in any county ; surplus at tax sale ; tax deeds ; purchaser's right to possession. 



by such purchaser, together with interest thereon at the rate of 
twenty per cent, per annum. Upon the redemption as aforesaid by 
any owner of any lot of wild land sold, said owner, or his agent, 
shall receive any surplus of money which may remain in the hands 
of the sheriff, after deducting the taxes and costs of such sale ; and 
if said lot or lots are not redeemed in the time mentioned, all surplus 
funds arising from the sale of wild lands shall be paid over, by the 
sheriff having possession of such funds, to the State treasurer, with 
a list of the lands from which said sums were derived. 



SECTION 16. 

Tax Fi. Fas. Levied in any County. - 

A cobi?°i65o. §1174. (§911.) Tax fi. fas. run in any county. If there is not suffi- 
cient property in the county where the taxpayer resides to satisfy 
the taxes, property situated in any other county is the subject of 
levy and sale. 



SECTION 17. 

Surplus at Tax Sale; Tax Deeds. 

§n68 - §1175. (§912.) Excess, how paid. If there is any excess after 

paying taxes and all expenses, it shall be immediately paid to the 
person authorized to receive it. 

§385. §1176. (§913.) Deed made at sale under tax fi. fa. valid. The deed 

or bill of sale made by such officer shall be just as valid to the pur- 
chaser as if made under the ordinary process of law issuing from the 
superior court. 



SECTION 18. 
Purchaser's Right to Possession. 

§ 6073 - §1177. (§914.) Officer to put purchaser in possession of land. The 

officer selling has the authority to put purchasers in possession of 
land sold, as in other cases. 



303 EIGHTH TITLE.— CII. 2, ART. 5, SEC. 19. CH. 3, ART. 1. §§1178-1181 

Purchase by counties at tax sales ; delinquent tax-receivers, etc. ; penalty for incomplete digest, etc. 

SECTION 19. 

Purchase by Counties at Tax Sales. 

§1178. (§915.) Counties may buy property sold under tax fi. f as. Acts 25 ^ 892 ' 
The board of commissioners of roads and revenues in counties where 
such boards have been created, or the ordinaries or the judges of the 
county court in such counties as have such officers in control of their 
roads and revenues, are authorized to purchase and hold in their 
official capacity any real property offered for sale by virtue of tax 
fi. fas. : Provided, that said commissioners, ordinaries, or judges 
shall only be authorized to bid on such real property when other 
bids do not cover the amount of said tax fi. fa. and cost : And pro- 
vided further, that said commissioners, ordinaries, or judges shall 
not bid more for such property than the amount of taxes and cost. 
Said county authorities, upon bidding in any property as herein 
provided, shall draw their warrant on the county treasurer to pay 
to the officers the costs due on said tax fi. fas., and accruing costs 
in effecting said sales. 

§1179. (§916.) Right of redemption. Owners of real property 8 }^; 880 ' 
sold under and by virtue of tax fi. fas., and bid in by the board of 
commissioners of roads and revenues, ordinaries or judges, as pro- 
vided in the preceding section, shall have the privilege of redeeming 
said real property as in other cases. 

§1180. (§917.) If not redeemed, may be sold. Said board of combos, 396, 152. 
missioners of roads and. revenues, ordinaries, or judges of the county 
court are authorized to dispose of said real property purchased un- 
der said tax fi. fas., and remaining unredeemed, as provided for in 
the Code. 



CHAPTER 3. 

Delinquent Tax-Receivers and Collectors. 



ARTICLE 1. 
Penalty for Incomplete, Improper, or Useless Digest. 
§1181. (§918.) Receivers failing to complete digest. If a tax-re- ss 1 ^, 1125, 

n •! t . , . 1126, 1128. 

ceiver fails to have his digest completed and deposited by the first 
day of August in each year, unless excused by the terms of the law 



§§1182-1187 EIGHTH TITLE.— CHAPTER 3, ARTICLE 2. 304 

Execution against defaulting receiver or collector and sureties. 



*§10S5, 108C, 
1095, 1197. 



or by the comptroller-general, he forfeits, for every week's delay 
one tenth of his commissions ; and if the delay extends beyond thirty 
days, he forfeits one half of his commissions ; and if beyond the time 
when the Governor and comptroller fix the rate per cent., he forfeits 
all his commissions. 

§1182. (§919.) Failing- to make a proper digest. If he fails to 
make out his digest in the manner prescribed by law, or to comply 
with the directions given him by the comptroller-general in so doing, 
he forfeits one half his commissions. 

§1183. (§920.) Making a useless digest. If such digest is made 
out so badly as not to answer the purpose of the tax laws, he for- 
feits all his commissions, and must be removed from office by the 
ordinary, on the request of the comptroller-general. 



§§527, 525. 



Act 1804, 

Cobb, 1025. 
§527. 



ARTICLE 2. 
Execution Against Defaulting Receiver or Collector and Sureties. 

§1184. (§921.) Becoming indebted to the State, process to issue. 

If he receives commissions which he is not entitled to receive or 
retain, or in any other manner becomes possessed of any money be- 
longing to the State, or incurs any liability thereto, the comptroller- 
general is authorized to issue execution or other legal process against 
him. 

§1185. (§922.) Making false return. If a receiver makes a false 
return in either of his digests, expressive of more than is returned, 
he shall forfeit to the party aggrieved, in all cases, one hundred dol- 
lars, and if the amount out of which such party is defrauded by such 
return is more than one hundred dollars, then ten dollars for every 
one dollar over that amount, to be recovered by a qui tarn action. 

§1186. (§923.) Liable for deceiving taxpayer. If by any device, 
intentionally, he causes the taxpayer to pay more than his lawful 
tax, the provisions of the preceding section apply. 

§1187. 



Act 1823, 
Cobb, 1025 

Acts 1889, sureties on default. 

p 



(§924.) Comptroller to issue executions vs. collector and 

If any collector shall fail to settle his accounts 

§ li8 8 ii9o 5i^ w ith the comptroller-general in terms of the law, he shall issue ex- 

528 - ecution against him and his sureties for the principal amount, with 

interest at the rate of twenty per cent, per annum on said amount : 

Provided, that if upon a final settlement it should appear that said 



305 EIGHTH TITLE.— CHAPTER 3, ARTICLE 3. §§1188-1193 

Collection prohibited when, and vacation of commissions. 

collector was entitled to credits at the time lie is required by law to 
settle, the comptroller-general may allow the same, and charge such 
interest only on the amount for which the collector is in default, to- 
gether with all the costs and attorney's fees incurred by reason of 
the issuance of said execution. 

§1188. (§925.) Fi. fas. against collectors. All executions and §§514-528. 
other process against collectors and receivers must be directed to 
all and singular the sheriffs of this State, and must be executed by 
them, their lawful deputy, or other officer lawfully in their stead. 

§1189. (§926.) Not to be suspended, etc. Executions so issued ^J 80 ^ 
shall not be suspended or delayed by any judicial interference with §§1(32, 1163 - 
them, but the Governor may suspend collection not longer than the 
next meeting of the General Assembly. 

§1190. (§927.) Lien on property of principals and sureties, bound. § f^; gjjfc 
The property of collectors, receivers, and of their sureties, is bound, 1243- 
from the execution of their bonds, for the payment of taxes col- 
lected and the discharge of their duties. 

§1191. (§928.) Proceedings in selling, etc. The proceedings in§§n65-ii67, 
selling property under such executions must be the same as under 
fi. fas. issued from the superior court. 



ARTICLE 3. 

Collection Prohibited When, and Vacation of Commissions. 

§1192. (§929.) Collector not to collect till digest filed. If any col- §§276, 287. 
lector shall collect, or attempt to collect, any taxes before the re- 
ceiver has completed and transmitted his digest to the comptroller- 
general, unless specially so ordered by such officer, or allowed by 
special enactment, he forfeits to the State double the amount so col- 
lected, or attempted to be collected, to be recovered by execution is- 
sued by the comptroller-general. 

§1193. (§930.) Governor may vacate the commissions, when. The Act 1826 > 

~ " ' Cobb, 1260. 

Governor may vacate the commissions of defaulting tax-collectors, 8 ?^-' ?Sfc 
or of tax-receivers failing or refusing to do their duty, give bond, gg; 1197 < 
and take the oath required by law ; and in such event the vacancy 
shall be filled in the manner prescribed for other vacancies. 



§§1194-1196 EIGHTH TITLE.— CHAPTER 3, ART. 4, SEC. 1. 306 



Tax-receivers ; election and liability. 



ARTICLE 4. 
Tax-Receivers. 

SECTION 1. 

Election and Liability. 

A p ct | 2 1872 - §1194. (§931.) Tax-receivers, how elected. The tax-receivers shall 

§§4881-4886. j^ e i ec t e d on the first Wednesday in January, biennially, for the 

term of two years, and are commissioned and qualified as clerks of 

the superior court are. Vacancies are filled as vacancies for such 

clerks. 

§§269, ii93. §H95. (§932.) Receivers' oath and bond. Such receiver, whether 
elected or appointed, before entering on the duties of his office, be- 
sides the oath required of all civil officers, must take and subscribe 
the following oath: "I swear that I will truly and faithfully per- 
form the duties of receiver of returns of taxable property, or of per- 
sons or things specially taxed in the county to which I am appointed, 
as required of me by the laws, and will not receive any return but on 
oath or affirmation, and will before receiving returns carefully ex- 
amine each, and will to the best of my ability carry out all the 
requirements made upon me by the tax law. So help me God." 
Acts 1863-4, He shall also at the same time give bond and security in a sum equal 
1896, p. 38. to one fourth of the amount of the State tax supposed to be due from 

1901, p. 23. t . 

the county for the year in which he shall give bond ; provided, how- 
ever, that no tax-receiver shall be required to give a bond exceeding 
the sum of ten thousand dollars ; the amount of said bond to be 
filled by the comptroller-general before being sent out to the several 
counties from the Executive office. 

§ li87?'i243 ' §1196. (§933.) Liability of receivers, etc. Receivers and their 
sureties are liable on their bonds for all penalties or forfeitures they 
may incur under the law, and for all losses, or damage, or expense 
the State may sustain by reason of their conduct. 



307 EIGHTH TITLE.— CHAPTER 3, ART. 4, SECS. 2, 3. §§1197, 1198 



Duties of tax-receivers ; examination and correction of returns by grand jury. 



SECTION 2. 
Duties of Tax-Receiver. 



Act 1804, 



§1197. (§934.) Duties of receiver enumerated. It is his duty — cobbf 1645. 

1. To receive all returns of taxes within the time and in the man- cobb, 1654. 

., , , , Act 1812, 

ner prescribed by law. cobb, 1057. 

2. To make out and perfect the three digests in writing and fig- cobb, 1659. 

Acts 1851-2, 

ures plainly, legibly and neatly, and to properly deposit them. p. 290. 

3. To give ten days' notice in writing of the several times and §§1961 ' 1182 ' 
places at which he will attend in the several militia districts of the 
county, for the purpose of receiving tax returns. 

4. To attend at such place at least three times during the time al- 
lowed in which to make returns. 

5. To keep a standing advertisement as to the day or days when 
he will be at the county-site for such purpose. 

6. To receive tax returns at any time when a taxpayer applies to 
give in. 

7. To embrace in his digest to the comptroller-general, the ordi- 
nary, and the tax-collector, respectively, a list of all defaulters, and 
the amount of their true and double tax, and of all property as- 
sessed by them and returned by no one, or other special action had 
in conformity to the laws. 

8. To publish at the door of the court-house, for thirty days, lists 
of all the defaulters and the amount of their double taxes. 

9. To assess upon the digests deposited with the ordinary the 
county taxes according to law, and the rate per cent, levied by said 
ordinary. 

10. To conform to such rules as he may be furnished with, and to 
obey such orders as may be given by the comptroller-general. 

11. To perform all other duties that the law requires, and which 
necessarily under the law appertain to his office. 



SECTION 3. 

Examination and Correction of Returns by Grand Jury. 

§1198. (§935.) Grand jury shall inspect receiver's books. The A p c . ts 10 J 874 ' 
tax-receiver in each county of this State, in each and every year, at §1218 - 
the fall term of the superior court in his county, shall lay before the 
grand jury his returns for that year, of the taxable property in his 
said county, and the grand jury shall overlook the same, and when- 



§§1199-1203 EIGHTH TITLE.— CHAPTER 3, ART. 4, SEC. 4. 308 

Tax-receiver's compensation. 

ever they find an undervaluation, correctly assess the same, ac- 
cording to the market valuation of the property, and return to the 
receiver his returns with the corrections which thev have made. 



Acts 1909, 
p. 81. 



§1199. (§936.) Corrected returns the guide for next year. When 
§ §ln9^ 5030. the receiver shall receive his returns for the next succeeding year 
and the corrected returns made by the grand jury, it shall be his 
guide for that year, and if the taxpayer shall return his property 
below the valuation made by the grand jury, the receiver and tax- 
payer each shall select an arbitrator; and these two shall select an 
umpire, to whom the question of valuation shall be referred ; and if 
the arbitrators fail to agree on a valuation of the property, or fail 
to select an umpire, in thirty days after receiving notice of their 
appointment, this fact shall be reported to the ordinary or the chair- 
man of the county commissioners (as the case may be), who shall 
forthwith appoint two arbitrators, who with the arbitrator appointed 
by the taxpayer shall fix the value of the property, and their award 
shall be returned to the receiver, and shall be entered by him as the 
valuation of said taxpayer's property. 

A P ct io9 874 ' §1200. (§937.) These provisions to be given in special charge. 

The judges of the superior courts, at each fall term, shall give these 
provisions in special charge to the grand juries, that they may be in- 
formed of the duties therein imposed upon them. 

§io83. §1201. (§939.) Return forwarded to comptroller. The ordinary 

shall forward a copy of a defaulting taxpayer's corrected return and 
affidavit to the comptroller-general instanter, and retain the origi- 
nals, for which he shall be entitled to one dollar from the taxpayer. 



SECTION 4. 
Tax-Receiver's Compensation. 

§1235 (3). §1202. (§940.) Receiver's pay, etc. The county shall pay the re- 

ceiver one half of what the collector gets for collecting the county 
tax. 

§ i6m - §1203. (§941.) Default and insolvent list. In netting the digest, 

the default list shall be deducted for the receivers, and the insolvent 
list for the collectors. 



309 EIGHTH TITLE.— CHAPTER 3, ART. 5, SECS. 1, 2. §§1204-1208 

Tax-collectors ; election and oath ; tax-collectors' bonds. 

ARTICLE 5. 
Tax-Collectors. 

SECTION 1. 

Election and Oath. 

§1204. (§942.) Election, commission of tax-collectors, etc. Tax-§ 1194 - 
collectors are elected at the same time and in the same manner, for 
the same term of office, and are commissioned and qualified as tax- 
receivers. 

§1205. (§943.) Vacancies, how filled. Vacancies are filled as they §1194 - 
are in the office of receiver. 

§1206. (§944.) Collector's oath. Before entering on the duties f §§269> 1193 - 
his office, besides the oath required of all civil officers, he shall take 
and subscribe the following oath: "I, — — , tax-collector of the 

county of , do swear that I will faithfully discharge the duties 

required of me by law as tax-collector, and that I w T ill search out 
and make a true return of all defaulters, polls, professions, and all 
taxable property not found on the tax-receiver's digest, or not re- 
turned to the clerk of the superior court by the fifteenth of August, 
and that I will pay over all taxes collected by me, as required by 
law. So help me God. " 



SECTION 2. 

Tax-Collectors ' Bonds. 

§1207. (§945.) Amount of bonds and their conditions. He shall A p cts 12 1 4 863 - 4 - 
also give bond and security for thirty-three and one third per cent. §1193 ' 
more than the State tax supposed to be due from the county for the 
year for which said officer is required to give bond, the amount of 
the bond to be filled up by the comptroller-general before being sent 
out to the county from the Executive office ; and shall give another 
bond with sufficient security, payable to the ordinary, conditioned 
for the faithful performance of his duties as collector of the county 
tax, in a sum to be fixed by such ordinary. 

§1208. (§946.) Approved by whom. Such bond for county taxes 
when given must be approved by the ordinary, filed in his office, 



§§1209-1211 EIGHTH TITLE.— CHAPTER 3, ART. 5, SEC. 3. 310 

Tax-collectors' duties. 

recorded in the book with other official bonds, and in all respects is 
an official bond. 

A cobJ, 82 i665. §1209. (§947.) Bond to be given, etc. Tax-collectors shall not col- 
lect any portion of the connty tax' until snch bond is given, and if 
they fail to give snch a bond, or one satisfactory to snch ordinary, 
he may appoint some competent person to collect the connty tax. 

§1210. (§948.) Duty of person so appointed. "When snch an ap- 
pointment is made, the person appointed shall give snch a bond as is 
required of a tax-collector, and he shall take an oath faithfully to 
collect and pay over the county tax, and in all respects shall have 
the same privileges, discharge the same duties, and incur the same 
penalties as the tax-collector would in collecting the county tax. 



v ^r Ant iris 



SECTION 3. 
Tax-Collectors' Duties. 
% §1211. (§949.) Collector's duties enumerated. It is the duty of 



Cobb, 1046 

Act 1812, the tax-collector — 

f.A / 4 / Cobb > 105S - 

(^f ( y* ' Acts^i857, ]_ e t diligently collect and promptly pay over in the funds al- 

1858, p. 104. i owe( j D y i aw the State and county taxes to the comptroller-general 
and the county treasurer, respectively. 

2. To search out and ascertain as far as possible all polls and 
professions, and all taxable property not returned to the receiver or 
not found in his digests. 
Acts 1862-3, 3. To enter all of such defaults in a book kept for that purpose, 
to assess and collect thereon a double tax and pay the same over to 
the comptroller-general and county treasurer, respectively, after 
deducting single commissions, and to deposit said book with the 
comptroller-general, and a copy with the ordinary, before the day 
of final settlement. 

4. To have his insolvent lists allowed in the manner required by 
law before final settlement with the comptroller-general. 

5. To issue executions against all defaulters and insolvents, and 
place them with the proper officer for collection. 

6. To give notice of the time and places of his attending to col- 
lect the taxes, and of the days he will be at the court-house, and 
there to attend during the time for collection required of the re- 
ceiver. 

7. To publish at the door of the court-house, for thirty days, his 
insolvent lists, including the taxes of each person thereon. To fur- 



311 EIGHTH TITLE.— CHAPTER 3, ART. 5, SEC. 3. §§1212-1214 

Tax-collectors' duties. 

nish to election-managers of the county lists of all persons who have 
not paid their taxes. 

8. To pay the receiver his commissions, upon the production of 
the comptroller-general's receipt for his digest, with a specification 
therein of the amount of commissions to which he is entitled, and 
not otherwise; and to produce said receiver's receipts, with his re- 
ceipts thereon, to the comptroller-general, before he shall be allowed 
credits for such commissions. 

9. To conform to such rules as may be furnished, and to obey 
such orders as may be given by the comptroller-general. 

10. In collecting the special tax that may be levied year after year Acts is78-9, 
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. 

11. To issue executions against all tax defaulters who are residents Acts i875, 
of the counties in which said tax-collectors are holding their offices, 

for any and every year preceding and including the years for which 
they are elected, and to collect the tax due from said defaulter, and 
pay over the same to the proper authorities. 

12. To perform all other duties that the law requires, and which 
necessarily under the law appertain to his office. 

§1212. (§950.) Collector's negligence no excuse to defaulting tax-§§7, 1082, nos, 
payer. It is no excuse to any person for not paying his taxes as 
the law requires, that the collector should fail to advertise or fill his 
appointments. 

§1213. Monthly statements of taxes collected. It shall be the duty Acts isae, 
of the State and county tax-collectors to make monthly statements §§1217', 1221. 
in duplicate under oath of all taxes, both State and county, collected 
by them, one copy to be filed with the comptroller-general and one 
to be filed with the ordinaries of their respective counties, or such 
other officer as may have the supervision of the revenues of their 
counties. 

§1214. Reports, when made, and what to include. The monthly 
statements shall be made on the first Monday in October in each 
year, and shall include all taxes collected for and during that fiscal 
year, and then shall be made monthly thereafter on the first 
Monday in each month, until the tax-collectors have made a final 
settlement with the State and county for that fiscal year. 



§§1215-1219 EIGHTH TITLE.— CHAPTER 3, ART. 5, SEC. 4. 



312 



Report to grand jury and comptroller. 



§$1259-1261, 
1221. 



J 1234. 



§1215. Payments, when and how made. The tax-collectors when 
they make their monthly statements as provided for in the foregoing 
sections, after deducting their commissions on the amount included 
in their monthly statements, shall pay into the State treasury, or 
such banks as are designated by the Governor as State depositories, 
the hundreds of dollars of the State's part of the amount in said 
statement, leaving the fractions of hundred dollars on hand, and 
which will constitute the first item in the next month's statement; 
they shall also, at the same time, after deducting their commissions 
for collecting the county's part of the taxes, pay into the county 
treasury the hundreds of dollars of the county's part of the amount 
in said statement, leaving the fraction of hundred dollars on hand, 
and which will constitute the second item in the next month's state- 
ment. 

§1216. Forfeiture for failure to report and pay. Any tax-collector 
who shall fail or refuse to make the monthly statements, and to 
make monthly payments to the State and county as is required by 
the foregoing sections, shall forfeit his commissions to the State and 
county for the month in which the failure was made. 

§1217. Blanks to be furnished by comptroller-general. It shall be 
the duty of the comptroller-general to have prepared and to furnish 
the several tax-collectors with suitable blanks on which to make the 
monthly statements as provided for in section 1213. 



Acts 1878-9, 
. p. 78. 
§§1198, 527, 

1232. 
Peual Code, 

§850. 



Acts 1878-9, 
p. 80. 



SECTION 4. 

Report to Grand Jury and Comptroller. 

§1218. (§951.) Statement of special taxes to grand jury. 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. 
And 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. 

§1219. (§952.) Quarterly returns of special taxes to comptroller. 

It shall be the duty of the tax-collectors of this State to make quar- 
terly returns to the comptroller-general, under oath to be adminis- 



313 EIGHTH TITLE.— CHAPTER 3, ART. 5, SECS. 5, 6. §§1220-1223 



Bonds of collectors in certain counties ; weekly reports in such counties. 



tered 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. ^ 



SECTION 5. 

Bonds of Collectors in Certain Counties. 

§1220. (§953.) Separate bonds. Each of the tax-collectors of such ^.Vg 890 " 1 ' 
counties in this State as have a population of thirty thousand or 
more shall enter into two bonds, one to the State for fifty thousand 
dollars, with good and approved security as now required by law, 
and one to the county in the sum of twenty-five thousand dollars, 
with like approved security, as now required by law, for the faithful 
performance of the duties of such tax-collector. 



SECTION 6. 

Weekly Reports in Such Counties. 

§1221. (§954.) Weekly settlement of amount due State. When- Acts isqo-i, 
ever the tax-collector, in any such county having a population of s ligg 3 { 2 g? 15, 
thirty thousand or more, collects State taxes to the amount of five 
thousand dollars, he shall at once pay the same over to the treasurer 
as now required by law; and shall also pay over all the taxes he 
may have collected during the week, on Saturday of each week, 
whether the same amounts to five thousand dollars or not; so that 
no tax-collectors in said counties shall have or keep any of the 
money of the State in his hands for a longer period than one week. 

§1222. (§955.) Amount due county. Said tax-collectors shall eachActs i89o-i, 

« • • p - 105 - 

pay over, from time to time, the county taxes to the proper county 

officers, as now required by law, so soon as there is collected three 

thousand dollars ; and if he fail to collect said sum during any week, 

he shall then pay over on Saturday all he has collected during said 

week. 

§1223. (§956.) Weekly duplicate reports. The tax-collector in 
each of such counties shall make duplicate weekly reports to the 
comptroller-general and the county authorities of the aggregate 



§§1224-1226 EIGHTH TITLE.— CHAPTER 3, ART. 5, SEC. 7. 



314 



Acts 1892, 
p. 89. 



Collector, when ex-officio sheriff. 



amount of taxes collected during said week, naming separately the 
amount of taxes collected for the State and the county, and shall 
swear that the same is a correct report of the taxes collected as 

aforesaid. 



§1224. (§957.) Reports of failure to discharge duty. If any of 

such tax-collectors fail or refuse to make said payment, or if he make 
a false return, or if he fail or refuse to file such list as required, it 
shall be the duty of the comptroller-general, or the ordinary, or 
county officer having charge of the county affairs, as the case may 
be, to report said facts to the Governor, and it shall be the duty of 
the Governor to cause a notice to be served on said tax-collector, 
calling on him to show cause why he should not be removed from 
office, and if he fail to make a proper excuse within ten days, it 
shall be the duty of the Governor to remove him* 



SECTION 7. 
Collector, When Ex Officio Sheriff. 
Acts i89o-i, §1225. (§958.) Collector ex officio sheriff in some counties. The 

p. 101. ° v ° 

8 |i2i 5 'ii5R 6 ' tax-collectors of counties which contain a population of seventy-five 
5997, i23o. thousand or more 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 turn over any 
tax executions to the sheriffs, or to any other levying officials of the 
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 re- 
spective counties ; and the compensation of said tax-collectors shall 
not exceed fifty cents for issuing each fi. fa., and for levying and 
selling the same fees as are now allowed by law to the sheriffs of 
said State ; and said tax-collectors shall have full power to bring 
property to sale, and sales made by them shall be valid, and shall 
convey the title to property thus sold as fully and completely as 
if made by the sheriffs of said counties. 



§1226. (§959.) Levy under general law. All levies and sales made 
by the tax-collectors as ex officio sheriffs, under the provisions of 
this Article, shall, as to the time, place, and manner, and in all other 



315 EIGHTH TITLE.— CHAPTER 3, ART. 5, SEC. 8. §§1227-1231 

Execution-docket, receipt, and stub-book. 

respects, conform to, and be controlled by, the general laws of the 
State regulating sales under tax fi. fas. 

§1227. (§960.) Deputies. Tax-collectors in counties under the^ioJ? 90 " 1, 
provisions of this Article shall have power to appoint one or more 
deputies, who shall be vested with the same powers as to levy and 
collections as are vested in the tax-collectors ; the said tax-collectors 
shall be responsible for the acts of said deputies, and their compen- 
sation shall be paid by said tax-collectors. 



SECTION 8. 
Execution-Docket, Receipt, and Stub-Book. 

§1228. (§961.) Keep stub-book of tax receipts. The several tax- Acts 1884 - 5 > 

p. 66. 

collectors of this State shall keep a stub-book of tax receipts, and 
enter on the receipt and the stub attached thereto the name of each 
taxpayer in their respective counties, the amount of taxes assessed 
against him, and itemize the same, stating the amount due the State, 
county, poll-tax, or any other professional or special tax. 

§1229. (§962.) Execution December twentieth of each year. They Acts 1884 - 5 > 

•'p. 66. 

shall keep an execution-docket, and on the twentieth day of Decern- ** 1151 » 1212 - 
ber in each year issue executions against each delinquent or default- 
ing taxpayer in their respective counties, unless further time is al- 
lowed as now provided by law, and enter the names of such delin- 
quent or defaulting taxpayers on said docket, together with an item- 
ized statement of the taxes covered by such execution. 

§1230. (§963.) Receipt to be attached. When such executions Acts iss4-5, 
have been issued, it shall be the duty of the officer issuing the same^!-'i. 1156 . 
to clip from the stub the unsigned receipt of such taxpayer, and 1225 - 
attach the same to the execution issued, and place said execution in 
the hands of some officer authorized by law to collect the same, and 
make an entry on his execution-docket of the name of said officer 
and the date of deliver}^. 

§1231. (§964.) Duty of collecting officer. It shall be the duty of Actys&i-s, 
the officer into whose hand said execution is placed, to proceed at 
once to collect the same, and when said execution is paid by the de- 
fendant, voluntarily or by levy and sale, it shall be the duty of said 
officer to detach from the execution the tax receipt and enter thereon 
the amount collected, including all costs and commissions, and also 
to make a similar entry on said execution, the receipt to be delivered 



§§1232-1234 EIGHTH TITLE.— CHAPTER 3, ARTICLE 6. 316 

Compensation of collectors and receivers. 

by the officer to the defendant, and the execution to be returned to 
the tax-collector with the amount of tax collected, who shall at once 
copy the entry of the officer on his execution-docket and file said 
execution in his office. 

A p. tS 66 188 §1232. (§965.) Docket to be submitted to grand jury. It shall be 

8 81 *?1 ft 11 Qft 

527. ' the duty of the several tax-collectors of this State to submit their 

respective execution-dockets and cash-books to the grand jury of 
the spring term of the superior court of their respective counties, 
whose duty it shall be to thoroughly inspect the same and report 
thereon by general or special presentment. 

A p. ts 66? 884 " 5 ' §1233. (§966.) Penalties. For a violation of any of the provisions 
of the five preceding sections, said tax-collector so violating shall 
forfeit all or such part of his commissions as the grand jury of the 
county shall recommend ; and if he fails to pay over such penalty 
imposed, it shall be enforced against such tax-collector and his se- 
curities by the comptroller-general, as now provided by law against 
defaulting tax-collectors, with twenty per cent, penalty of the 
amount added thereto. 



ARTICLE 6. 
Compensation of Collectors and Receivers. 

Acts 8 i878-9, §1234. (§967.) Pay of tax officers. The commissions to be allowed 
S i2i6 2, 1081, to- each receiver and collector of State and county tax shall be as 
follows, viz. : 

On all digests for the first one thousand dollars 6 per cent. 

On all digests for excess over one thousand dollars to 

two thousand dollars 4 per cent. 

On all digests for excess over two thousand dollars to 

three thousand dollars 3 per cent. 

On all digests for excess over three thousand dollars to 

four thousand dollars , 2% per cent. 

On all digests for excess over four thousand dollars to 

six thousand dollars 2^2 per cent. 

On all digests for excess over six thousand dollars to 

eight thousand dollars 2% per cent. 

On all digests for excess over eight thousand dollars to 

twelve thousand dollars 2 per cent. 

On all digests for excess over twelve thousand dollars 

to eighteen thousand dollars 1% per cent. 



317 EIGHTH TITLE.— CHAPTER 3, ART. 7, SEC. 1. §§1235-1238 

Miscellaneous provisions ; comptroller to make rules. 

On all digests for excess over eighteen thousand dollars 

to thirty-six thousand dollars IV2 P er cent. 

On all digests for excess over thirty-six thousand dol- 
lars 1 X A per cent. 

§1235. (§968.) Local laws changing commissions, repealed. A p c . t l5* 878 " 9, 

1. All laws heretofore enacted by the General Assembly, fixing the §1240 ' 
commission of receivers of tax returns and collectors of taxes in cer- 
tain counties, different from the rates hereinbefore set forth, are 
repealed. 

2. And 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 Article for collecting State 
taxes. 

3. The commission of tax-receiver, to be paid from county taxes, 51202, 
shall be one half the amount allowed by this Article to tax-collectors 
for collecting county taxes. 



ARTICLE 7. 
Miscellaneous Provisions. 



SECTION 1. 

Comptroller to Make Rules. 

§1236. (§969.) Comptroller-general to make rules for collectors 
and receivers. The comptroller-general has authority to make all 
needful rules and regulations for the government of tax-collectors 
and receivers, and any other rules that may be necessary to insure 
the prompt and faithful execution of the tax laws, if not in violation 
of or inconsistent therewith. 

§1237. (§970.) Furnish collectors and receivers with the same. 
These rules, when made, shall be entered in a book in his office, kept 
for that purpose, and be binding upon all successors until amended 
or repealed, copies of which shall be printed and furnished to re- 
ceivers and collectors at the time of sending them the forms re- 
quired. 

§1238. (§971.) May be published. They shall also be printed dur- 
ing the month of March every year in a public gazette published at 



§§1239-1242 EIGHTH TITLE.— CHAPTER 3, ART. 7, SECS. 2, 3, 4. 318 

Suit on bonds ; tax-receiver and tax-collector to be different persons ; record, etc., of tax officers' bonds. 



the seat of government, if in the discretion of the comptroller he 
shall deem it beneficial. 



SECTION 2. 

Suit on Bonds. 

■gJSf'ijgl*' § 1239 - (§972.) Bonds may be sued on. Nothing shall be so con- 
523 - strued as to make the collector's and receiver's bonds not subject to 

be sued according to due process of law, but which is not to be done 
unless some emergency should make it necessary. 



SECTION 3. 

Tax-Receiver and Tax-Collector to be Different Persons. 

Acts 1878 9, §1240. (§973.) Tax offices separated. All local or special laws 

§§259, 1235. consolidating the offices of tax-receiver and tax-collector in any of 

the counties in this State are repealed, and the compensation of said 

officers shall be governed by the general laws of force in this State. 



SECTION- 4. 
Record and Lien of Tax Officers' Bonds. 
Acts 1890-1, §1241. (§974.) Tax officers' bonds, where recorded. In all cases 

p. 104. s V s J . ' 

where one or more sureties on the bond or bonds of county treas- 
urers, tax-collectors, or tax-receivers shall own real estate in any 
county or counties other than the county in which such officers shall 
hold office, such bond, within thirty days after the execution thereof, 
shall be recorded in the county or counties wherein such real estate 
is situated, by the ordinary of such counties, or if the fiscal affairs 
of such counties are or shall be by law committed to a board of com- 
missioners, such bond or bonds shall be recorded within thirty days 
after its execution, by such board, in the book of record of bonds of 
county officers. 

Acts i89o-i, 61242. (§975.) Bonds forwarded for record. After the bond of 

p. 104. 

any such officer shall have been accepted and recorded in the county 
in which such an officer holds such office, the ordinary or board of 
commissioners of such county shall forward the same to the ordinary 



119 EIGHTH TITLE.— CHAPTER 4. §§1243-1246 



Revenue from other sources. 



or board of commissioners in each county in this State in which any 
one or more sureties on such bond shall own any real estate, and 
such ordinary or board of commissioners to whom such bond shall 
be sent shall record the same in accordance with the preceding sec- 
tion. 

§1243. (§976.) Third parties not affected unless bond recorded. A ; ts 10 J 8901 - 
As against the interests of third parties acting in good faith and^Jg^'sJS 90 ' 
without notice, who may have acquired a transfer or lien binding 1239 ' 3320 ' 
the real estate of any surety on the bond of any county treasurer, 
tax-collector, or tax-receiver in this State, situated in any county 
other than that in which such officer or officers shall hold such office, 
no such real estate of such surety or sureties shall be bound from 
the date of such bonds, unless such bonds shall have been recorded 
in such county. When such bond or bonds shall be recorded after 
the thirty days, the real estate of the surety or sureties thereon, 
situated in any county or counties other than that in which such 
officer or officers shall hold such office or offices, shall be bound only 
from the date when such bond or bonds shall be so recorded. 

§1244. (§977.) Lien between parties unaffected. Nothing in pre- A p cts 10 f 901 ' 
ceding three sections shall be construed to affect the validity or force §3323, 
of the lien of any such bond from the date thereof as between the 
parties thereto. 



§1245. (§978.) Directions by Governor, and costs of record. It 

shall be the duty of the Governor to give written or printed direc- 
tions to the ordinaries and boards of commissioners of the various 
counties, upon the requirements of the four preceding sections, as 
other instructions and directions are now given in reference to the 
bonds of said officers ; and the costs of transmitting and recording 
said bonds shall be paid by the officer whose bond it is. 



Acts 1890-1, 
p. 104. 



CHAPTER 4. 
Revenue from Other Sources. 

§1246. (§979.) State's revenue from other sources. The sources 
from which the State does or may derive revenue, other than by 
taxation, are as follows : 

1. The net earnings of the "Western and Atlantic Railroad. 

2. Dividends on the bank-stock owned by the State. 



§§1247,1248 EIGHTH TITLE.— CHAPTER 4. 320 

Revenue from other sources. 

3. Dividends or interest on the stock owned in the Main Trunk 
Railroad. 

4. Sale of State bonds at a premium. 

5. The use by individuals of any other property of the State. 

6. Receipts from military or other claims against the United 
States. 

7. Receipts from assets of the Central Bank and other old claims. 

8. Receipts on claims from tax-collectors or other officers for pre- 
vious years, which were in litigation or regarded as insolvent. 

9. Dues for the sale of reverted or other land to which the State 
may have the title. 

10. Fees which the secretaries of the Governor, the secretary of 
State, the treasurer, the comptroller-general, and librarian may re- 
ceive for official duties. 

§§6495, 209. §1247. (§980.) Miscellaneous revenue. All the receipts from the 
resources mentioned in the preceding section, all fees not specially 
awarded to any particular officer, all fines and forfeitures not other- 
wise disposed of, all moneys collected from any source or on any 
account, to which the State is entitled, not otherwise directed, must 
be paid into the State treasury. 

§157> §1248. (§981.) Fees to be paid to treasurer. The fees which offi- 

cers are allowed to charge, and which, when collected, must be paid 
to the treasurer, are as follows : 

1. Those by the secretaries of the Governor: 

A grant for one hundred acres or under $ 1 00 

A grant for over one hundred acres or under three hundred 

acres 2 00 

A grant for over three hundred acres or under five hundred 

acres 3 00 

A grant for over five hundred or under one thousand acres . . 4 00 
A grant for one thousand acres and over, 1 per cent, per 

acre for every additional acre. 
Affixing the great seal of the State, by order of the Gov- 
ernor, to anything of a private nature 2 00 

For every examination of records per request 50 

Administering oath of office to a salaried officer and giving 

certificate thereof 1 00 

Entering a testimonial 50 

Attaching the seal of the Executive Department 1 00 

Certified copy of any record not more than three hundred 

words 1 00 



321 EIGHTH TITLE.— CHAPTER 4. §1248 

Revenue from other sources. 

If more than three hundred words, per one hundred words 10 

2. Those by the secretary of State: 
For a grant of land and affixing the seal thereto, the same 

as is allowed the secretaries of the Governor, according 

to the number of acres. 

For registering each grant $ 50 

For registering bond or other similar writing 1 00 

For a testimonial without the great seal 1 00 

For a testimonial with the great seal 2 00 

Affixing the great seal to any other paper 1 00 

For a certified copy of a grant of land 1 00 § 209 - 

For a certified copy of any other paper not of more words . . 1 00 

For more words, per hundred ' 10 

For every search per request 25 

For granting charters to railroad companies 100 00 Act s 1894 > 

For granting charters to insurance companies 100 00 

For granting charters to banking companies 50 00 

For granting charters to express companies 100 00 

For granting charters to canal companies 100 00 

For granting charters to telegraph companies 100 00 

For granting charters to navigation companies 100 00 

Renewing charters to railroad companies 100 00 

For granting charters to purchasers of railroads 50 00 

Renewing charters to insurance companies 100 00 

For renewing charters to banking companies 100 00 

For renewing charters to express companies 100 00 

For renewing charters to canal companies 100 00 

For renewing charters to telegraph companies 100 00 

For renewing charters to navigation companies 100 00 

For amending charters of banking companies 25 00 

For amending charters of insurance companies 25 00 Act | 9 1894 - 

For amending charters of railroad companies 25 00 

For amending charters of canal companies 25 00 

For amending charters of navigation companies 25 00 

For amending charters of express companies 25 00 

For amending charters of telegraph companies 25 00 

For recording trade-mark 1 00 

For granting charters to street or suburban railroad com- 
panies 50 00 

For renewing charters of street or suburban railroad compa- 
nies 25 00 

For appointing commissioners of deeds 5 00 



§1249 



§§210, 226. 



§237. 



§210. 



§173. 



EIGHTH TITLE.— CHAPTER 5. 322 

State depositories. 

3. Those by the treasurer: 

For every extract or copy from any book, minutes, or file 

of office, not more than three hundred words $ 1 00 

For every additional one hundred words 10 

For every search by request 25 

4. Those by the comptroller-general : 

Every extract or copy from any book, minutes, or file of 

office, not more than three hundred words $ 1 00 

For every additional one hundred words 10 

For every search by request 10 

5. Those by secretary of State or surveyor-general : 

For examining a plat $ 50 

For recording a plat * 1 25 

For recording a plat of a town, township, or village 10 00 

Transmitting a caveat to Governor, and attending thereon. . 1 00 
Certified copy of any original record not more than three 

hundred words 1 00 

For every additional one hundred words 10 

Certified copy of an original warrant 50 

Issuing a certificate of record 50 

For every search per request 25 

6. Those by the librarian : 

Certifying to the existence or contents of any manuscript, 

map, or other document entrusted to his keeping $ 1 00 

Furnishing copies of his catalogue of books 50 



Acts 


1803, 


PP. 


24-29. 


1SS8, 


p. 34. 


1SS9, 


p. 54. 


1890-1, p. 67. 


1892, 


pp. 54, 


55. 




1&95, 


p. 21. 


1896, 


p. 39. 


1897, 


p. 22. 


1898, 


p. 46. 


1899, 


p. 27. 


1900, 


p. 43. 


1903, 


p. 28. 


1904, 


p. 56. 


1906, 


pp. 34- 


42. 




1907, 


pp. 53, 


54. 




1908, 


pp. 37- 


40. 




191 9, 


pp. 83- 


86. 




§228 


(4). 



CHAPTER 5. 

State Depositories. 

§1249. (§982.) State depositories provided for in various cities. 
The Governor shall name and appoint a solvent chartered bank of 
good standing and credit in each of the following cities and towns, 
to wit : In Atlanta, Athens, Augusta, Columbus, Macon, Savannah, 
Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, La- 
Grange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Mil- 
ledgeville, Darien, Dawson, Cordele, Marietta, Richland, Millen, 
Warrenton, Carrollton, Elberton, Monticello, Fort Gaines, Cedar- 
town, Jackson, Harmony Grove, Thomaston, Covington, Blackshear, 
Waycross, Brunswick, Forsyth, Jefferson, Washington, Quitman, 
Greenville, Eastman, Moultrie, Toccoa, Statesboro, Tifton, Lawrence- 
ville, Douglas, Dublin, Madison, Tennille, Sylvania, McRae, Corne- 
lia, Fitzgerald, Bainbridge, Blue Ridge, Mt. Vernon, Barnesville, 



323 EIGHTH TITLE.— CHAPTER 5. §§1250-1252 

State depositories. 

Baxley, Hartwell, LaFayette, Louisville, Montezuma, Pelham, San- 
dersville, Swainsboro, Thomson, Winder, Calhoun, Jesup, Lavonia, 
Donalsonville, Claxton, Ashburn, Nashville, Blakely, Dallas, Perry, 
Fort Valley, Sparta, Reidsville, Comer, Fayetteville, Ludowici, 
Senoia, Cochran, Conyers, Hazelhurst, Lyons, Ocilla, Talbotton, 
Bremen, Butler, Cairo, Franklin, Tallapoosa, Georgetown, Gibson, 
Jonesboro, Jeffersonville, McDonough, Ringgold, Rochelle, Pem- 
broke, Chipley, Colquitt, Guyton, Homerville, Jasper, and Summer- 
ville, Avhich shall be known as State depositories; provided, that, 
in each of said cities having a population of sixty-five hundred and . 
over, the Governor may name and appoint not more than two sol- 
vent chartered banks of good standing and credit, which shall be 
known and designated as State depositories. 

§1250. (§983.) Selection of State depositories, etc. Said State de-^^ 878 - 9 . 
positories shall be appointed for the term of four years from the 189 ' J * p - 22- 
date of their appointment, and shall be liable to be removed by the 
Governor in his discretion for any neglect of their official duty, and 
they shall receive no salary or fees from the State of Georgia. 

§1251. (§984.) Contracts as to interest to be paid. The Govern or A p cts 88 1878 " 9 ' 
shall make with depositories the most advantageous contracts for in- 1 j. 9 ^" g? 2 ^ 
terest to be paid by them to the State for the use of the State's money 
which may be deposited therein, as hereinafter provided by this 
Chapter. And in the event any depository so named shall refuse to 
make satisfactory contract with the Governor as to interest to be 
paid, he shall have authority to remove such depository and appoint 
another. In the event only one bank is situated in any city desig- 
nated as a legal depository, the Governor can place deposits in the 
depository nearest situated with whom a satisfactory contract has 
been made: Provided, that no officer of this State shall be allowed §228 (id. 
to receive any commission, interest, or reward to himself from any 
source for the depositing of such money in such depositories, or for 
continuing such deposits. But the receiving of any such benefit by 
any officer shall be felony. 

§1252. (§985.) Depositories to give bond. Each of said deposi- Acts 39 1903 > 
tories shall, before entering upon the discharge of their duties. i 87 J~ 9 ' p - 88 - 
by their proper officers, execute a bond, with good and sufficient se- 
curities, to be fixed and approved by the Governor. Said bond shall 
be conditioned for the faithful performance of all such duties as 
shall be required of them by the General Assembly or the laws of 
this State, and for a faithful account of the money or effects that 
may come into their hands during their continuance in office. Said 



§§1253,1254 EIGHTH TITLE.— CHAPTER 5. 324 

State depositories. 

bond shall be filed and recorded in the executive office, and a copy 
thereof, certified by one of the Governor's secretaries nnder 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, shall 
have the same binding force and effect as the bond required by law 
to be given by State treasurers, and, in case of default, shall be en- 
forced in like manner. In fixing the bond to be given by a deposi- 
tory under this section, the Governor shall so fix the same as to 
make it not less than the amount of money entrusted to said deposi- 
tory, and in no case shall a larger amount of money be deposited in 
any bank than the amount of the bond, and the Governor may at any 
time require additional bond, if necessary, to cover fully the amount 
deposited or intended to be deposited in such bank. 

A p!M! 82 ' 3, §1253. (§986.) When Governor may appoint new depositories. 

Whenever from any cause the State depositories in any locality shall 
cease to operate, it shall be the duty of the Governor to make an- 
other appointment, either to fill out the unexpired term or to enter 
upon a new term of four years, as the case may be. Said newly 
appointed depository shall have all the powers, perform all the du- 
ties, and be subject to all the liabilities prescribed for State deposi- 
tories, and shall furnish a like bond in which each of the sureties 
shall bind themselves for the entire amount of the bond. In select- 
ing any depository, the Governor shall not be confined to banks 
chartered by the State, but may, if he deem it best, select any bank 
chartered under the national-bank act of the United States, doing 
business in this State. 

A p! s rsi 82 '' 6 ' §1254. (§987.) Treasurer to advise Governor of financial condition 
of State depositories. It shall be the duty of the treasurer to keep 
advised, and to keep the Governor advised from time to time, of the 
financial condition of the various State depositories, as well as of 
the financial condition and standing of the securities on the bonds of 
such depositories, and if at any time they should become satisfied 
of the insolvency of any of the depositories, or that the affairs of 
any of said depositories are in an embarrassed condition, it shall be 
the duty of the Governor to direct the treasurer to withdraw the 
money of the State from such depository, and the Governor may 
declare the position vacant and may proceed to appoint another 
bank in the same locality to act as such depository for the unex- 
pired term under the rules and regulations prescribed by law. In 
case the Governor should be advised of the insolvency of the secu- 
rities on the bond of any of said depositories, it shall be his duty to 



325 EIGHTH TITLE.— CHAPTER 5. §§1255-1258 

State depositories. 

notify such depository to strengthen said bond, and if at the end of 
ten days said bond is not strengthened, the Governor shall declare 
said office vacant, and proceed to fill the same by new appointment. 

§1255. (§988.) Sureties, how relieved. Any surety on the bond of Acts 1882-3, 
a State depository, desiring to be relieved from said *bond, may give 
notice in writing to the Governor of such desire, with the reasons 
therefor, and the Governor shall have authority, in his discretion, to 
relieve such surety : Provided, the consent of the cosureties be first 
obtained in writing : And provided further, that the principal will 
furnish a new surety to take the place of the surety relieved, who 
will assume all his liabilities for past and future transactions. 

§1256. (§989.) Amount of State's deposit limited to amount of Acts isoa, 

v o / i p. 135. 

bond of depository. The treasurer of this State shall not deposit at 
any one time, or have on deposit at any one time in any one of the 
depositories of this State for a longer time than ten days, a sum of 
money belonging to this State that exceeds the bond given by said 
depository to the State. The treasurer shall check from any deposi- 
tory the amount of the State's money that said depository holds in 
excess of its bond, and pay the sum into the treasury : Provided, 
that a State depository may be allowed to hold a sum greater than 
fifty thousand dollars, but not in excess of one hundred thousand 
dollars, upon such depository giving a new bond to cover the maxi- 
mum amount to be deposited with it, and when such new bond has 
been executed and delivered to the Governor the old bond shall be 
discharged and surrendered, and whenever a national bank is se- 
lected as a State depository the amount of the bond shall be double 
the amount of money to be deposited with it. The bond to be made 
by the State depositories may be a personal bond or may be made by 
a deposit with the State treasurer of United States bonds or Georgia 
State bonds, or either one or both of said methods. 

§1257. (§990.) Monthly statements of depositories. Depositories 
shall render to both the Governor and the treasurer such monthly 
statements as they are now required by law to make to the treasurer. 

§1258. (§991.) Governor authorized to sell bonds of defaulting Acts isso, 
bank. "Whenever any bank which has been made a State depository, 
and has deposited bonds, shall fail to faithfully perform such duties 
as shall be required of it by the General Assembly or the laws 
of this State ; or shall fail to faithfully account for all the public 
moneys or effects that may have come into its hands during its con- 
tinuance in office, the Governor shall sell a sufficiency of said bonds 



§§1259-1261 EIGHTH TITLE.— CHAPTER 5. 328 

State depositories. 

to reimburse the State the amounts due by the State depository on 
account of such default. 

A p. ts 88? 878 " 9 * §1259. (§992.) Funds subject to check, etc. Said depositories 
§§1210, 1221. gkgjj h^d a n f un d s 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 treas- 
urer 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 men- 
tioned to the credit of said tax-collector, and at once mail to him a 
receipt for said amount. 

Tls? 878 ' 9, §1260. (§993.) Tax-collectors may pay funds at depositories. The 

§§1210, 1221. G overnor shall, at the time of appointing the 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 Gov- 
ernor ; 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. 

Tss! 878 °' §1261. (§994.) Tax officers may also pay at treasury. Nothing 
§§i2i5, 1221. contained in this Chapter 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 
Chapter, 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. 



327 EIGHTH TITLE.— CHAPTER 5. §1262 



State depositories. 



§1262. (§995.) Treasurer's bond not affected. Nothing contained A p c . ts 90 * 87S ~ 9 ' 

in this Chapter shall be held, taken, or construed as affecting, alter- 8218 ' 
ing, or changing the provisions of existing laws as to the bond of the 
State treasurer. 



§§1263-1268 NINTH TITLE.— CHAPTER 1. 328 



Public debt. 



NINTH TITLE. 

Public Debt. 



CHAPTER 1. 
Public Debt. 
ii?". 6558, §1263. (§996.) Bonds and certificates, how authenticated. All 

6a69, 1395. a \ •> / 1 

bonds or certificates of the State for the State debt must be authen- 
ticated by the signature of the Governor, the secretary of State, and 
stamped with one side of the seal of the State, to wit, that side which 
has on it the motto, "Wisdom, Justice, and Moderation." 

§1264. (§997.) Amount of, and how payable. They shall be, un- 
less otherwise specially ordered by the General Assembly, in sums 
of five hundred and one thousand dollars each, payable in twenty 
years after their date, bearing interest at six per cent, per annum, 
which interest is payable semi-annually by coupons thereto annexed. 

§1265. (§998.) Coupons, how signed, and paid. They may, before 
or after issued, be presented to the State treasurer, who shall sign, 
in his official capacity, all the coupons thereto attached, which then 
may be paid at maturity by the treasurer without the presentation of 
the bond, or further warrant or authority. 

§1266. (§999.) When unsigned, not to be paid. If coupons are not 
thus signed, they shall not be paid unless accompanied by the bond to 
which they belong, and before payment shall be by the treasurer de- 
tached. 

§1267. (§1000.) Public debt, where paid. The principal and inter- 
est shall be made payable at such place in this State or other of the 
United States as the Governor may in his discretion direct, and he 
may direct the principal payable at one place and the interest at 
another. 

§1268. (§1001.) Bonds payable out of the State may be exchanged. 

Where citizens of this State become possessed of State bonds pay- 
able out of this State, the Governor may give in exchange for them 
bonds payable herein : Provided, there is no loss to the State by the 
exchange, and the expense thereof, if any, is borne by the holders of 
the bonds. 



329 NINTH TITLE.— CHAPTER 1. §§1269-1274 

Public debt. 

§1269. (§1002.) Bonds taken up not to be reissued. When such 
exchange occurs, the original bonds so taken up shall not be reissued 
on any account whatever, unless specially provided for by the Gen- 
eral Assembly. 

§1270. (§1003.) Lost bonds or coupons. When any bond and cou- A p cts 57 1878 - 9 - 
pon, or coupon, shall be lost, mutilated, or destroyed, the Governor 
may issue to the holder a new bond, with proper coupons attached ; 
or if coupon alone be lost, mutilated, or destroyed, he may direct the 
treasurer to issue new coupons in lieu of such coupons as may be 
lost, mutilated, or destroyed. 

§1271. (§1004.) New bonds, how obtained. When mutilated, the A p c . ts 58 m8 " 9 ' 
mutilated bond, or coupon, must be surrendered ; when lost or de- 
stroyed, 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 de- 
struction; if lost, that he has made diligent search without avail, 
and despairs of ever finding them. 

§1272. (§1005.) Bond and surety to be given. Having made such 
affidavit, he shall then, before receiving the new bond, or coupon, 
give bond and surety 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 
such new bond and coupon, or coupons only, as the case may be. 

§1273. (§1006.) New bonds in lieu of those stolen. The Governor A p c . ts i 8 1866, 
is authorized to issue a new bond or bonds in lieu of a bond or bonds 
of the State which may have been stolen, upon the holders making 
affidavit as provided for : Provided, said holders may have given or 
shall give twelve months notice of the loss or theft of said bonds, 
fully describing the same, at the treasury of the State, at least 
twelve months prior to the time when said new bonds may be or 
shall be issued : Provided, that no new bond shall be issued for or in 
lieu of any lost or stolen bond until the owner of such bond shall 
first give to the State a bond with security, to be approved by the 
Governor for the time being, fully indemnifying the State against 
the payment of the bond so lost or stolen. 

§1274. (§1007.) Bonds, etc., when paid, how disposed of. When 
bonds or coupons are paid, they must be stamped as paid, and pre- 
served in the treasurer's office with the same care as the funds of the 
State. 



§§1275-1279 NINTH TITLE.— CHAPTER 1. 330 

Public debt. 

81395 - §1275. (§1008.) Appropriations for bonded debt. An amount of 

money stands annually appropriated sufficient to pay the princi- 
pal and interest of any bonded debt of the State becoming due during 
the year. Any surplus in the treasury after allowing for all the 
annual charges against it, including such claim, is likewise appro- 
priated to the same object. 

§1276. (§1009.) Governor may apply surplus. Whatever amount 
may remain from the appropriations contained in the two preceding 
sections, more than enough to pay such debts, may be applied, by 
the order of the Governor, to redeeming any particular class of bonds 
not due, as he may order, and which, in his judgment, it is to the 
interest of the State to prefer and anticipate. 

§1277. (§1010.) Bonds redeemed before due. All bonds redeemed 
before maturity must be by the Governor annually reported to the 
General Assembly, particularly described, and the terms upon which 
they were so redeemed. 

§1278. (§1011.) Registration of State bonds. 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. 

§229. §1279. (§1012.) Book of registration. It shall be the duty of the 

treasurer to procure and provide, at the expense of the State, a suit- 
able 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 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. 



331 NINTH TITLE.— CHAPTER 1. §1280 

Public debt. 

§1280. (§1013.) Registered bonds, how transferred. None of said § f^f- 4274 ' 
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 reregistration in the 
name of the person to whom the same are to be transferred or 
negotiated. 



§§1281-1284 TENTH TITLE.— CHAPTER 1. 332 

Public property ; public buildings. 



TENTH TITLE. 

Public Property. 



Acts 1870, 
pp. 



CHAPTER 1. 

Public Buildings. 

*£%». §1281. (§1014.) Buildings owned by the State. The buildings and 
p C p S 503, '455. those appurtenant thereto belonging to the State, are — 

The State eapitol, at Atlanta. 

The Governor's mansion, in the city of Atlanta. 

The State arsenals at Milledgeville and Savannah, donated by 
Act of 1870; the Deaf and Dumb Asylum at Cave Spring; the 
Georgia State Sanitarium near Milledgeville ; the penitentiary at 
Milledgeville ; the buildings of the Western and Atlantic Railroad. 

The old eapitol and Executive mansion at Milledgeville, with the 
ground attached to each. 

§1282. (§1015.) Partly owned by the State. The State has an in- 
terest in — 

The University of Georgia, at Athens. 

The Asylum for the Blind, at Macon. 

The buildings of the Technological School and of the other branch 
colleges. 

§1283. (§1016.) Library, arsenals, and other property. The State 
owns the library at the eapitol, the furniture and contents of her 
various public buildings, and the public arms, munitions, and ac- 
coutrements of war in her arsenals and in the charge of her several 
volunteer companies. 

A P ct 95* 892 ' §1284. (§1017.) Use of eapitol. The use of the eapitol building 

1884-5' p 27' an d grounds shall be limited to the legitimate departments of this 

1888, P . 14. gtate, and to State and national political organizations, and the 

keeper of public buildings and grounds shall not grant the use of 

either the eapitol or grounds for any other uses. 



333 TENTH TITLE.— CHAPTERS 2, 3, 4. §§1285-1287 



Land owned by the State. Stock owned by the State. The Western and Atlantic Railroad, etc. 



CHAPTER 2. 
Land Owned by the State. 

§1285. (§1018.) Lands owned by the State. The lands heretofore ^y^ 89 - 
specially reserved to the State are — §t;57 °- 

The lands known as the "Mcintosh Reserve," on which is situated §§3811 ~ 3816- 
the Indian Spring; a quantity of land on Flint river, opposite the 
Old Agency ; one mile square on the Chattahoochee river at Mcintosh 
Ferry; five miles square on Chattahoochee river at Cusseta Falls, 
including the falls ; all islands contained in any of the navigable wa- 
ters not disposed of, and the western bank of the Chattahoochee § 16 - 
river to high-water mark, where it forms the boundary between 
Georgia and Alabama; the lots whereon all the public buildings of 
the State are erected; the fractional parts of surveys created by 
the different land divisions w T hich are not granted or otherwise dis- 
posed of ; all lands omitted to be surveyed, granted, or sold ; parcels 
of land in certain cities, to wit : 

In the city of Atlanta. 

In the city of Columbus. 

In the city of Chattanooga. 

The land and buildings of the Confederate Soldiers Home of 
Georgia. 



CHAPTER 3. 
Stock Owned by the State. 

§1286. (§1019.) Stock owned by the State. The State owns the 
following stock : 

In the Georgia Railroad and Banking Company, one hundred and 
eighty-six shares. 

In the Southern and Atlantic Telegraph Company, indorsed by 
Western Union Telegraph Company, four hundred and forty shares. 



CHAPTER 4. ^ t^Jte. &*'£'" 

The Western and Atlantic Railroad and Its Government. 

§1287. (§1020.) Western and Atlantic Railroad property of the Acts isso, 
State. The railroad communication from Atlanta, in Fulton county. 1I92, p. 101. 
to Chattanooga, on the Tennessee river, is the property of this State §§3?'3 P o3, 257. 



§§1288-1294 



TENTH TITLE.— CHAPTER 4. 



334 



The Western and Atlantic Railroad and its government. 

exclusively, and shall be known as the Western and Atlantic Rail- 
road. 

§§65io, s, 303. §1288. (§1021.) Relation of the State to the Western and Atlantic 
Railroad. The State occnpies the same relation to said road, as 
owner, that any company or incorporation does to its railroad, and 
the obligations of the State to the public concerning said road, and 
of the public to said road, are the same as govern the other railroads 
of this State, so far as is consistent with the sovereign attributes of 
this State, and the laws of force for its conduct. 



53. 



Acts 1862-3, 

p. 182. 
§§3, 1287, 

2708, 1298. 



Acts 1857, 
p. 62. 



Acts 1851-2, 

p. 110. 
1805, p. 249. 



§1289. (§1022.) Road laws and penal laws apply to Western and 
Atlantic Railroad, proviso. All the public-road laws and penal laws 
touching the railroads of this State, whether to obligate or protect, 
apply to the State road, unless specially excepted, or some other pro- 
vision is prescribed in lieu of some one or more thereof. 

§1290. (§1023.) Laws applicable to Western and Atlantic Rail- 
road. All laws of force regulating the liability of railroad compa- 
nies in this State, for damages done by the running of locomotives, 
cars, and other machinery, are hereby declared to apply equally to 
the Western and Atlantic -Railroad ; and in the bringing of all suits 
against the Western and Atlantic Railroad, the same shall be reg- 
ulated by the laws in existence on that subject at the time of the 
adoption of this Code. 

§1291. (§1024.) Preceding laws of force. All laws heretofore 
enacted having a special or local application to said road, and in 
force at the time of the adoption of this Code, are kept in force, 
unless herein repealed expressly or by implication. 

§1292. (§1025.) Superintendent appointed by Governor. The 
principal officer of said road shall be styled the superintendent, who 
is appointed by the Governor, and holds his office during his term, 
unless sooner removed at his pleasure. The salary of the superin- 
tendent shall be five thousand dollars per annum. 

§1293. (§1026.) To give bond and security. Before entering on 
the duties of his office, he shall give bond and security, to be ap- 
proved by the Governor, in the sum of twenty thousand dollars, 
which shall be filed in the office of the comptroller-general and re- 
corded therein. 

§1294. (§1027.) To take oath. He shall also, at the same time, 
besides the oath required of all civil officers, take and subscribe be- 
fore the Governor the following oath, which shall be filed in the Ex- 



335 TENTH TITLE.— CHAPTER 4. §1295 

The Western and Atlantic Railroad and its government. 

ecutive office : "I, , swear that I will faithfully and impartially 

perform all the duties of my office ; that I will make no appointment 
nor do any act from fear, favor, reward, or the hope thereof, but 
in all things I will be governed solely with regard to the inter- 
est of the State of Georgia, and in the discharge of my duties I will 
neither make, nor permit to be made, any discrimination, unless so 
directed by legislative authority, in favor, or against any railroad 
company, or other persons or parties having business connections 
with, or relations to, said road. So help me God." 

§1295. (§1028.) Powers of superintendent. The superintendent Acts issi-2, 
has authority — 

1. To conduct all the operations of said road connected with its 
repairs, equipment, and management, including its financial affairs. 

2. To appoint or remove all the subordinate officers, subject to 
the approval of the Governor, except the auditor and treasurer. 

3. To fix the rate of passage and freight, and to make all neces- 
sary arrangements touching such rates and other business with other 
railroads. 

4. To contract for and purchase machinery, cars, materials, work- 
shops, and all other contracts necessary for the general working and 
business of said road, not exceeding three thousand dollars, and over 
that amount subject to the approval of the Governor in writing. 

5. To make contracts with the government of the United States, 
with the consent of the Governor, for the transportation of the mails 
over said road. 

6. To arrange the schedules for running trains at such times, 
either by day or night, as he may deem expedient. 

7. To settle all claims against said road, with the approval of the 
Governor. 

8. To sue officially for any claim due the State on account of said 
road, and defend all brought against the road. 

9. To make all necessary rules for the proper conduct of the busi- 
ness of the road and the enforcement of discipline. 

10. To impose penalties for a violation of said rules and for 
breaches of duty by all persons in the employment of the road. 

11. To see that the books and accounts of the road are so kept as 
at all times to show accurately its fiscal affairs. 

12. To have settlements weekly with all fiscal agents of said road 
for all money received by them, by himself or through some author- 
ized person, and to discharge them for neglecting or refusing to do 
so. 

13. To fix the compensation of all employees of said road, with 



§§1296-1300 TENTH TITLE.— CHAPTER 4. 336 

The Western and Atlantic Railroad and its government. 

the approval of the Governor, whose compensation is not fixed by 
law. 

14. To draw his warrant on the treasurer in favor of claimants 
according to the law. 

15. To sue and cause all moneys, belonging to or collected on ac- 
count of the road to be paid promptly to the treasurer. 

16. To exercise a general supervision over all officers, agents, and 
employees under his charge, and see that they strictly comply with 
all the requisitions of the law. 

17. To make out and transmit to the Governor a quarterly state- 
ment exhibiting the receipts and expenditures of the road, and once 
every year a full statement of all the transactions of the road in de- 
tail, which report shall be published in one or more of the public 
gazettes at the city of Atlanta. 



Acts 1S51-2 
p. Ill 



§1296. (§1029.) Rules to be recorded, printed, and furnished to 
officers. The rules adopted by the superintendent for the govern- 
ment of said road shall be recorded in a book kept for that purpose, 
shall be printed, and posted in a conspicuous part of his office, and 
copies placed in the hands of each officer of the road, who shall also 
be promptly supplied with copies of any alterations thereof. 

§1297. (§1030.) Force of said rules. Such rules shall have the 
force and effect of law when necessary to carry into full effect any 
law in regard to said road and to improve its organization, when not 
inconsistent with the law. 



Acts 1851- 
p. 111. 



§1298. (§1031.) Suits against Western and Atlantic Railroad. All 
suits against the road must be brought against the superintendent in 
his official capacity, in the county of Fulton, where the office of said 
road is located, except in those cases of claims where, by the law, 
other roads are allowed to be sued elsewhere ; but under no circum- 
stances are suits against such road to be allowed against such road, 
its officers or agents, in the State of Tennessee, beyond the right, if 
any, that may exist under the authority granted to this State to ex- 
tend said road into Tennessee. 

§5oi2. §1299. (§1032.) Demand necessary before suit brought. No suit 

shall be brought against the superintendent until a demand has been 
made upon him for payment, accompanied by a statement of the 
nature of the claim, and ten days shall be allowed the superintendent 
to pass upon such claim before suit shall be brought. 

Acts^isss, §1300. (§1033.) Books of road prima facie evidence. In suits 

pending or to be brought by or against said road, the books of said 



837 TENTH TITLE.— CHAPTER 4. §§1301-1305 

The Western and Atlantic Railroad and its government. 

road shall be prima facie evidence of what they contain, pertinent 
to the points in issue. 

§1301. (§1034.) Its debtors public debtors. All debtors to said A p cts 64 1858 ' 
road are as debtors to the State or public, and when any question 
arises warranting it, the right or obligations of both parties are to 
be determined upon by the laws governing such relation. 

§1302. (§1035.) Treasurer, by whom appointed. The Governor Acts^wsi-2, 
shall appoint an officer for said road, who shall be styled the treas- 
urer, who holds his office for the same time and term that the super- 
intendent does. 

§1303. (§1036.) His oath. Before entering on the duties of his Act^ipi^, 
office, besides the oath required of all civil officers, he shall take 

and subscribe before the Governor the following oath: "I, , do 

swear that I will faithfully and diligently receive, keep, and disburse 
the funds of the State jroad according to law, in my capacity as 
treasurer, and do all other acts that are or may be required of me 
by law as treasurer of said road, to the best of my skill and knowl- 
edge. So help me God." 

§1304. (§1037.) Bond and security. He shall at the same time give 
bond and security, to be approved by the Governor, in the sum of 
one hundred thousand dollars. Said bond and oath of office shall 
be filed and recorded as the superintendent's. 

§1305. (§1038.) Treasurer's duties. It is the duty of the treas- Acts 1S51 -- 

* p. 112. 

urer — 

1. To take custody of all funds appertaining to the road, to re- 
ceive all moneys from officers or agents holding the same, and 
receipt them. 

2. To receive all such sums as may be appropriated by law for the 
use of the road. 

3. To pay all warrants drawn by the superintendent in the terms 
of the law. 

4. To pay the State treasurer monthly all balance in the treasury 
after paying all the current expenses of the road and other lawful 
claims upon it, and to take his receipt for the same, retaining such 
amount as the superintendent may direct. 

5. To keep a book or books to enter all his receipts and payments 
and other official transactions. 

6. To make a quarterly statement to the superintendent of the 
receipts and disbursements of his office, which shall be published 
with the superintendent's report to the Governor. 

7. To discharge such other duties as the laws do or may require. 



§§1306-1313 TENTH TITLE.— CHAPTER 4. 338 



The Western and Atlantic Kailroad and its government. 



Tii2 851 " 2 ' §1308. (§1039.) Auditor appointed by Governor. The Governor 
shall appoint an officer for said road who shall be styled the auditor. 

§1307. (§1040.) His oath. Before entering on the duties of his 
office, besides the oath required of all civil officers, he shall take and 

subscribe before the Governor the following oath: "I, , swear 

that I will promptly, justly, fairly, and impartially approve or re- 
ject all claims against the State road presented to me for such pur- 
pose, and that I will faithfully and diligently discharge all other 
duties that are or may be required of me by law as auditor, to the 
best of my skill and knowledge. So help me God." 

§1308. (§1041.) Give bond and surety. He shall, at the same time, 
give bond and surety, to be approved by the Governor, in the sum 
of twenty thousand dollars. 

§1309. (§1042.) Bond and oath filed and recorded. Such bond 
and oath of office shall be filed and recorded as the superintendent's. 

A p. ts ii3 851 " 2, §1310. (§1043.) Auditor's duties enumerated. It is the duty of 
the auditor — 

1. To examine and approve or reject, without unnecessary delay, 
all bills and accounts against said road, before the superintendent 
shall draw a warrant for the same on the treasurer. 

2. To keep a book to enter all acconnts passed, stating the person, 
amount, account, and time. 

3. To examine, supervise, and control all books kept by the sub- 
ordinate accounting officers or clerks of the road. 

4. To discharge such other duties as the laws do or may require. 

A p. ts 62 1858 ' §1311. (§1044.) Remedy of the State against officers of Western 

and Atlantic Railroad. The remedy of the State against the super- 
intendent, the treasurer, auditor, and other officers and agents, is 
the same as against tax-collectors or receivers. 

A P c . tS 63. 858 ' §1312. (§1045.) Additional bond may be required. The Governor 

may require each of such officers to give additional bond and surety 
on the same terms and conditions that he may require it of the comp- 
troller-general or the State treasurer. 

A P c . tS 63 18;58 " §1313. (§1046.) Monthly reports of agents. Each agent of such 

road having the funds thereof in his hands shall make out monthly, 
and from month to month, on such day as the superintendent may 
require, a full statement of his account, and particularly specify 
what amount of cash on hand, what amount due from freight de- 



339 TENTH TITLE.— CHAPTER 4. §§1314-1319 

The Western and Atlantic Railroad and its government. 

livered or to be delivered, showing the full amount due from all 
sources whatever, and shall sign such account. 

§1314. (§1047.) Defaulting officer or agent dismissed. Any officer 
or agent failing to pay over the funds collected by him weekly, or 
failing to furnish the superintendent with a monthly statement of 
the financial condition of his office, except for providential cause, 
shall be immediately dismissed by the superintendent. 

§1315. (§1048.) Proceedings on a dismissal. When such dismissal p . 1 ^. 
shall take place, an account shall at once be had of all the freight 
on hand, giving the person dismissed a credit or receipt therefor, so 
as to show the amount of his indebtedness. 

§1316. (§1049.) Amount due by defaulter, how treated. As soon A p c . tS 63 185 * 
as an agent, or any other person having funds of the road unac- 
counted for, is in default, and fails to pay over said funds on demand 
made by the superintendent or by his authority, or shall abscond or 
conceal himself, or in any other way evade or prevent a settlement, 
said officer shall promptly cause the true amount due by such per- 
son to be ascertained, and transmit the same to the comptroller- 
general as earnings of the road, stating also the date of the default. 

§1317. (§1050.) Oaths of agents. Every agent of said road, be- 
fore entering on the discharge of his duties, must, besides the oath 
required of all civil officers, take and subscribe before the superin- 
tendent, who is hereby made an officer for such purpose, the follow- 
ing oath: "I, , swear that I will faithfully perform all the 

duties of my appointment that are or may be required of me by 
law, to the best of my skill and knowledge, and that I will render a 
true account of my official conduct, and of all moneys received by 
me as such, and pay the same over to the person authorized to re- 
ceive them, as often as the law may require. So help me God." 

§1318. (§1051.) Bonds of agents. They shall at the same time 
give bond and surety, payable to the Governor and his successors in 
office, to be approved by the superintendent, in such sum as he may 
require. 

§1319. (§1052.) Disposition of affidavit and bond. The oath shall 
be filed in the office of the superintendent, the original bonds trans- 
mitted to the comptroller-general, and copies retained by the super- 
intendent in a book kept for that purpose in his office. 



§§1320-1326 



TENTH TITLE.— CHAPTER 4. 



340 



The Western and Atlantic Railroad and its government. 



Acts 1855-6, 
p. 157. 



Acts 1851-2, 
p. 113. 



Acts 1851-2, 
p. 111. 



§1320. (§1053.) Bonds renewed annually. Such bonds shall be re- 
newed annually, by the tenth day of January, after a full and satis- 
factory settlement has been had with the agents, and not before. 

§1321. (§1054.) Settlements with agents. Said settlement must 
be in writing and signed by the agent and superintendent, and shall 
contain a full statement of the agent's account with the road, 
whether for cash received, freight on hand, or from any other source 
whatever. 

§1322. (§1055.) Governor to examine bond, etc. The Governor 
shall examine every bond transmitted to the comptroller-general by 
the superintendent, and in case of defect therein, as to matter or 
surety, may order another bond given in lieu thereof to the superin- 
tendent, and he or the superintendent may at any time, when in the 
judgment of either the interest of the State requires it, require such 
officer to give additional bond and sureties, as he requires of other 
officers. 

§1323. (§1056.) Conductor's oath. Every conductor must, in the 

same manner, take and subscribe this oath: "I, , swear that I 

will faithfully discharge the duties of my office to the best of my 
skill and knowledge, and that I will pay over all the money that 
may come to my hands belonging to the State road, as required by 
law or the order of the superintendent. So help me God." 

§1324. (§1057.) No credit for freight. No agent at any station of 
said road is permitted to give credit for any freight on any produce, 
goods, or other commodity conveyed, but shall collect the freights 
before the articles are taken away, except in cases where the freights, 
by arrangement, are chargeable to some other railroad company. 

§1325. (§1058.) Conductor's settlements. Every conductor of 
passenger or freight trains shall make a settlement of the tickets 
and money received by them with the treasurer at the end of each 
trip. 

§1326. (§1059.) Disbursements, how made. All disbursements 
made on account of said road shall be by warrant of the superin- 
tendent, drawn upon the treasurer, and be first passed by the audi- 
tor. The superintendent may refuse to ratify the approval of the 
auditor, and when so refusing, the claim shall be presented to the 
Governor to decide ; if he allows the claim, or any part thereof, the 
superintendent shall draw his warrant and express therein, "By 



341 TENTH TITLE.— CHAPTER 4. §§1327-1332 

The Western and Atlantic Railroad and its government. 

approval of the Governor. " If he concurs with the superintendent, 
the party may accept the decision or bring suit. 

§1327. (§1060.) Proceeds to be paid monthly into treasury. The 

proceeds of said road, after deducting expenses and all debts which 
are liens upon its income, shall be paid into the treasury of the State 
monthly, and shall first be applied to the payment of the principal 
and interest of the bonds of the State issued on account of said road. 

§1328. (§1061.) Useless iron, etc., shall be sold on thirty days A p C . ts i57 855 " 6 ' 
notice. Whenever any iron, or any tackle or apparel, may become 
useless to said road, and the superintendent can not have the same 
converted into new iron on reasonable terms, or for any other good 
reason, he shall sell the same at public outcry, at whatever point it 
may be most to the interest and convenience of the road, to the high- 
est bidder, after giving at least thirty days notice of the time and 
place of said sale, with a description of the property, in a public 
gazette at Atlanta. 

§1329. (§1062.) Terms of sale. He may sell said property for 
cash or credit, as in his discretion it may be best for the State : Pro- 
vided, that if on credit, it shall not be longer than twelve months, 
with note or bond and personal security thereto, payable to the 
Governor, his successor in office, or bearer, which shall be deposited 
in the State treasury, and when collected be as part of the net earn- 
ings of the road. 

§1330. (§1063.) Officer not to be purchaser. Neither the superin- 
tendent nor any officer of the State road shall be a purchaser, di- 
rectly or indirectly, at said sales, on pain of forfeiting to the State 
the property purchased and price paid, and of being removed by 
the Governor. 

§1331. (§1064.) Record of sales to be kept. The superintendent 
shall keep a record of all such property sold, to whom sold, at what 
price, and on what terms, and shall embrace the same in his report 
to the Governor. 

§1332. (§1065.) Restriction on sale of road property. The Gov- 
ernor or superintendent shall not sell any part of the right of way, 
nor any property or land of the road, that may be necessary for the 
erection of depots, wood-yards, water-stations, or for any other im- 
provement to the convenience or interest of said road ; but they may 
sell any land of the road, if of no use to it, in the manner iron is 
sold — advertising it in a public gazette at Atlanta, and in the county 



§§1333-1336 TENTH TITLE.— CHAPTER 4. 342 



The Western and Atlantic Railroad and its government. 



where it lies, and in a public gazette thereof, if one, and the superin- 
tendent shall execute deeds thereto in his official capacity. 

A p etS 97 1853 " 4 ' §1333. (§1066.) Who may travel without charge. All lunatics and 
idiots, and the persons having them in charge, not more than one to 
each of such, when sent from any county to the Georgia State Sani- 
tarium and the latter returning, and all deaf and dumb and blind 
pupils partaking of the State's bounty, with their necessary attend- 
ants, when going and returning from their schools, shall go from 
and return to their homes, free of charge on said road. 

§1334. (§1067.) Superintendent to enforce the laws. The superin- 
tendent of said road is specially charged with the due execution and 
faithful fulfillment of all the laws for the government and regula- 
tion of the same. 

Acts g i859, §1335. (§1068.) Lime, transportation of. Said road shall trans- 

port lime for agricultural purposes, by the car-load, from any depot 
thereof to Atlanta, from the first day of May to the first day of 
August of each year, or at any other time not conflicting with the 
interests of said road, at a rate not exceeding three cents per bushel : 
Provided, connecting roads at Atlanta will transport lime for agri- 
cultural purposes at corresponding low rates, and give the superin- 
tendent of the road notice thereof, with consent to be bound perma- 
nently by such rate. Any connecting road at Atlanta failing to give 
such notice and consent shall not be entitled to the benefits intended 
to be secured to the agricultural interest contiguous to such road. 
Before any person shall transport lime on said road, or any road in 
connection therewith, at said rate, he shall make oath in writing, 
before receiving said lime and paying said freight, that it has been 
or is to be transported for, and will be used in good faith in, im- 
provement of the soil in the State ; which affidavit shall be filed in 
the office of the company to whom the freight is paid. 

A P °p S 26 8 i! 5 262. §1336. (§1069.) Landowners may build stock-gaps. All persons 
in this State owning land through which the "Western and Atlantic 
Railroad passes shall have permission to build stock-gaps on said 
road when the line of their fences may cross the same, and shall 
have the privilege of joining their fences to such stock-gaps : Pro- 
vided, said landowners shall not improperly interfere with the bed 
of said road, or render it less safe, or interfere with the running of 
the trains thereon. 



343 TENTH TITLE.— CHAPTER 5. §§1337-1341 

Public printing. 



CHAPTER 5. 

Public Printing". 

§1337. (§1070.) Public printing 1 , how let. The office of public A p c . ts ii2 909, 
printer shall expire with the term of the present incumbent, and §§3,90-392', 
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 fifty thousand dollars for the faithful performance of 
the contract, and no member of the General Assembly, or other pub- 
lic officer, shall be interested, either directly or indirectly, in any 
such contract : Provided, that no publications of any volume of the 
laws or journals shall be paid for until the same or proof of the same 
shall have been approved by the secretary of State. 

§1338. (§1071.) Commissioners of public printing. The secretary A p cts 37 m89 ' 
of State, the comptroller-general, and the treasurer of the State are §§6o7 °' 4 (5) ' 
commissioners of public printing, with full powers to contract for 
and superintend the same under this Chapter, and any two of them 
shall be sufficient to act. 

§1339. (§1072.) Advertisement for bids. Said commissioners, on A p cts 37 18789 > 
or by the first week in June, 1880, and every two years thereafter,^; g; 98 3- 
shall give notice by advertisement in one of the newspapers pub- §§390392 " 
lished in each of the congressional districts of this State, that sealed 
proposals to do all the public printing for the State will be received 
by them at the office of the secretary of State, in Atlanta, for thirty 
days. On the first Tuesday of the August following, all the pub- 
lic printing for the State of Georgia, including all the printed 
matter used by the various departments of State or any branches 
thereof, will be awarded to the lowest and best bidder whose bid is 
filed in compliance with law : Provided, it shall appear to the com- 
missioners of public printing that such bidder has the capacity and 
ability to perform such contract in such a way as will promote the 
best interests of the State, and secure the cheapest and most com- 
petent and efficient performance of said contract. 

§1340. Assignment of contract. It shall be unlawful for any per- §4253. 
son awarded the contract for doing all the public printing for the 
State of Georgia, as herein provided, to transfer or assign said con- 
tract. 

§1341. Printing for departments. When the public printing is 
awarded as herein provided, the various departments of State, and 
all branches thereof, shall, through their proper officers, make requi- 



§1342 TENTH TITLE.— CHAPTER 5. 344 

Public printing. 

sition upon the commissioners of public printing for all printed 
matter needed in their various departments, and upon receipt of such 
requisitions the commissioners of public printing shall supply said 
departments with such printed matter as they may need, from time 
to time. 

A p. tS 37! ST8 " 9 ' § 1342 - (§1073.) Stipulations and specifications. When bids are 
§1348. made to do the public printing, such bids must be based on the fol- 

lowing stipulations, specifications, and requirements, to wit : That 
the laws shall be completed and delivered in the office of the libra- 
rian of the State, at the capitol, within thirty days from the ad- 
journment 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 
supercalendered white book. That for the laws, size 26x40 inches 
and weighing fifty pounds to the ream. The paper for the journals, 
size 24x38, weighing fifty pounds to the ream. The paper used in 
printing the messages of the Governor, the reports of heads of de- 
partments 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. 

All blank books made for the use of the State shall be manufac- 
tured 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 thirty-six pound double flat-cap of Whiting's, or 
other equally good make. The wild-land digests shall be 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 Whit- 
ing'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 print- 
ing 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 
Acts^isT8-9, 1877. The reports of heads of departments, reports of commit- 
tees of the legislature, the messages of the Governor, and other 



345 TENTH TITLE.— CHAPTER 5. §1342 

Public printing. 

similar documents, shall be printed 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 one thousand ems. 

For paper of No. 1 white, sized and supercalendered, 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 sixteen pages, cents. For presswork on book-press, 

with No. 1 book ink, costing not less than seventy-five cents per 

pound, cents per token of two hundred and fifty impressions 

for forms of sixteen pages. 

On the journals.— For composition, small pica type, per one thou- 
sand ems, cents. For paper No. 1, sized and supercalendered, 

book size, 24x36, and weighing fifty pounds to the ream, per pound, 

cents. For proof-reading, make-up, and putting to press each 

form of sixteen pages, cents. For presswork, per token of two 

hundred and fifty impressions on book-press, seventy-five cents book 
ink, sixteen-page forms, cents. 

For folding sixteen-page forms. — Per thousand sheets, . 

For stitching pamphlets. — One section, two holes, per one hundred, 
. Two sections, three holes, per one hundred, . Four to 



six sections, three holes, per one hundred, . Seven to ten sec- 
tions, three holes, per one hundred, . 

For stitching journals. — From thirty to sixty sections, per one 
hundred, . 

For gathering pamphlets. — For two sections, per one hundred, 
— — . For four sections, per one hundred, . For seven to eight 



sections, per one hundred, . 

For gathering journals and laws. — For thirty to sixty sections, per 
one hundred, . 

For pressing the laws and journals. — From thirty to sixty sections 
of sixteen pages, per one hundred, . 

For stabbing journals, reports, and pamphlets.— From four to eight 

sections, per one hundred, . For stabbing, from twenty to fifty 

sections, five holes, per one hundred, —=-. 

For trimming pamphlets. — From one to four sections, per hun- 
dred, • . From seven to ten sections, per hundred, -. 

For trimming journals.— From thirty to fifty sections, per hundred 
copies, . 



§§1343-1345 TENTH TITLE.— CHAPTER 5. 346 



Public printing 



For covering pamphlets. — From one to five sections, per hundred, 

— . From seven to nine sections, per hundred, . 

For sewing 1 laws. — From twenty to thirty sections, per book, . 



For making cases for laws. — No. 30 Dary's tar-board, sheep back 
and corners ; sides best tea cover, thirty-five pound 20x25 flat paper, 
per case, . 

For rounding and casing the laws. — Per copy, . 



Tax digests. — For ruling, per ream, . For composition, per 

thousand ems, . For make-up and putting to press, each form, 

. For presswork, per token of two hundred and fifty impres- 
sions, — — . For binding and labeling digest, per hundred copies, 



Wild-land digests.- — For ruling, per ream, . For composition, 

per thousand ems, . For make-up and putting to press, each 

form, . For presswork, per token of two hundred and fifty 

impressions, . For binding and labeling wild-land digests, per 

hundred copies, . 

For blank books (extra russia ends and bands). — Cap books, 

twenty sheets to the quire, per quire, . For demy books, twenty 

sheets to the quire, per quire, . Medium books, twenty sheets to 

the quire, per quire, . For double-cap books, twenty sheets to 

the quire, per quire, — — . For imperial books, twenty sheets to the 

quire, per quire, . For super-royal books, twenty sheets to the 

quire, per quire, . For printed headings on all books, from one 

line to six lines, . 

Acts ists-o, §1343. (§1074.) Contract forfeited, when. In case the contractors 
fail to do the work according to contract, or fail to furnish mate- 
rials 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 relet the work at once, in the same 
manner as hereinbefore set forth, as to them may seem best. 

§1344. (§1075.) Contractor and sureties, how bound. Each of the 
securities on the bond of a 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 sign- 
ing said bond. 

A P c . ts i5 W77 ' §1345. (§1076.) Duties and pay of printer. It "shall be the duty 

of the contractor or person doing the public printing to employ 
such assistance as may be necessary to prepare and compile the 



347 TENTH TITLE.— CHAPTER 6. §§1346-1349 

Publication of Georgia Reports. 

several Acts and Resolutions of the General Assembly in the shortest 
possible time. 

In compiling the laws, it shall be his duty to observe the follow- 
ing regulations, to wit : 

1. To distinguish in their classifications the public laws from those 
that are local or private, and to arrange the former under their ap- 
propriate heads. 

2. To prepare for publication side and head notes, for reference. 

3. To add notes referring to such previous legislation as may be 
modified or repealed, and notes giving the decisions of the Supreme 
Court since the last publication of acts upon the subject-matter of 
each act of a public nature. 

4. Prepare and append a copious and correct index. 

For the additional service of compiling and classifying the laws, 
as directed in the foregoing, the contractor or person doing the pub- 
lic printing shall be entitled to compensation amounting to three 
hundred dollars in addition to that provided by law for the printing 
of the same. 



CHAPTER 6. 

Publication of Georgia Reports. 

§1346. (§1077.) Reports, how published. The Supreme Court re- Acts i878-», 
ports of this State shall be published by, and at the expense of, the 
State, in the manner hereinafter pointed out. 

§1347. (§1078.) Estimate of reporter. It shall be the duty of the Acts iots-d, 
Supreme Court reporter to estimate the number of Supreme Court §§6i28-ei3o. 
reports that will probably be demanded by the public, in addition 
to the number required by the State, and file a report of said esti- 
mate in the Executive office immediately upon the preparation of 
any given volume of reports for the press ; and in said report to the 
Governor, he shall state the quantity of matter which the forth- 
coming volume of the reports contains. 

§1348. (§1079.) Style of printing. The printing and binding of Acts i878-9, 
said Supreme Court reports shall be done upon the terms and in the^ 342 - * 1357 - 
manner that other State printing is done, and the printing, paper, 
a,nd binding shall be similar in style to that now used in the publica- 
tion of said reports. 



§1349. (§1080.) Reporter to contract for printing. The reporterActs 



p. 76. 



1882-3, 



of the Supreme Court, with the consent and approval of the Gov-^ 337 -' 1341 - 



390-392. 



§§1350-1353 TENTH TITLE.— CHAPTER 6. 348 

Publication of Georgia Reports. 

ernor, shall have power to award the contract for the publication of 
the Supreme Court reports in the same general manner as the con- 
tract for other public printing is now awarded, but in making such 
award the said Governor and the reporter shall not be limited to the 
lowest bidder, but may take into consideration the responsibility of 
such bidder, and his capacity and ability to perform such contract, 
in all cases making such award as will promote the best interests of 
the State and secure the cheapest and most prompt and efficient 
performance of said contract. 

§§1345,6127. ^ 135a (§1081.) Contractor to give bond. Should the contract for 
the printing and binding of the Supreme Court reports be at any 
time awarded to a person other than that to whom the general public 
printing is awarded, he shall give a bond, with good and adequate 
security, payable to the Governor of this State, and approved by 
Trim, in the sum of not less than ten thousand dollars, for the prompt 
and faithful performance of said contract ; should said contract be 
awarded to the same person to whom is awarded the contract for 
public printing, he shall give a bond of ten thousand dollars, con- 
ditioned as aforesaid, in addition to the bond given on account of 
the general public printing. The sureties on said bond shall justify, 
and for a failure, neglect, or refusal to comply with said contract in 
any particular, the principal and sureties on said bond shall be liable. 

§6127 - §1351. (§1082.) Reports, how printed. It shall be the duty of the 

person to whom is awarded the printing and binding of the Supreme 
Court reports, to print and bind the same promptly in the manner 
provided by this Code. 

§1352. (§1083.) Penalty for delay. Should there be any unneces- 
sary delay in such printing or binding, it shall be the duty of the 
reporter to notify the Governor of the same, and the Governor shall 
deduct from the cost of the volume then being published one hun- 
dred dollars for each week that such delay is continued, and the 
amount shall be forfeited by the person having such contract. If 
such delay shall arise from providential cause or other reason stand- 
ing upon the same basis, the Governor shall have authority, in his 
discretion, to remit all or any part of said forfeiture arising during 
the delay, which was actually caused by such reason. 

Acts 1882-3, §1353. (§1084.) Reporter to examine accounts. Before the bills of 
the contractor for printing and binding the Supreme Court reports 
shall be paid by the Governor, the same shall be submitted to the 
reporter, whose duty it shall be to make such report or suggestion 



349 TENTH TITLE.— CHAPTER 6. §§1354-1360 



Publication of Georgia Reports. 



to the Governor as will aid him in determining the correctness and 
propriety of the bill presented. 

§1354. (§1085.) Defective work re-executed. Should the work of A p c . ts 76 m2 " 3 ' 
printing or binding the reports, or any part of them, be improperly 
done, the Governor shall have power to require the same to be 
re-executed, or make such deductions from the bills presented as 
may seem to him reasonable and proper : Provided, that none of 
the remedies prescribed in this and the two preceding sections shall 
affect the liability of the contractor or his sureties on his bond, nor 
shall the discretionary action of the Governor thereunder work any 
release of said bondsmen. 

§1355. (§1086.) Contractor to swear to account. The accounts 
presented by the contractor for printing and binding the Georgia 
reports shall be verified by his oath, and he shall further make oath 
that no more copies have been printed than those delivered to the 

State. 

§1356. (§1087.) Forfeiture of contract and reaward. Should the 
contractor fail to promptly and satisfactorily perform his duty in 
printing and binding the reports, the reporter, with the consent and 
approval of the Governor, may declare the contract forfeited and 
reaward the same, but this shall not affect the liability of the original 
contractor and his sureties upon their bond. 

§1357. (§1088.) Reports uniform. It shall be the duty of the re- §1348 ' 
porter to make the volumes of the reports as nearly uniform as may 
be practicable and consistent with the speedy and advantageous pub- 
lication thereof. 



§1358. (§1089.) Copyright. The copyright of said reports shall A p c 
belong to the State. 



Acts 1878-9, 
158. 



§1359. (§1090.) Reports to be electrotyped. The Governor shall A p c i ts 14 1 1 88 °- 1 ' 
require all the Georgia reports hereafter published, commencing 
with the sixty-sixth volume, to be electrotyped, and it shall be his 
duty to see to it that the additional expense thus incurred shall not 
exceed that paid for similar work by other States of the Union. 

§1360. (§1091.) Advances to contractors. It shall be lawful f or Acts i 882 " 3 ' 

p. 7o. 

the treasurer to advance to the contractor such sums, not exceeding 
two thirds of the value of such portion of a volume as may be 
printed, whenever the reporter shall certify that such portion has 
been printed, taking a receipt for the sum or sums thus advanced, 
which shall be his voucher and an offset to the executive warrant for 



§§1361, 1362 TENTH TITLE.— CHAPTER 6. 350 

Publication of Georgia Reports. 

the payment of the completed volume, which payment shall be made 
out of any money in the treasury not otherwise appropriated : Pro- 
vided, said contractor shall, at his own expense, effect such an 
amount of insurance for the benefit of the State, upon the volume on 
which such advance is to be made, as will protect the State from loss 
in case of its injury or destruction by fire. 



A cobb 85 455 §1361. (§1092.) Reports not to contain arguments of counsel. 

§6127. rpj ie volumes of reports must not contain any argument or brief of 

counsel, beyond a statement of the points and authorities. 

§1362. (§1093.) Reports, failure to publish. If the reporter fails 
to publish the volumes of reports within six months of the time of 
the delivery to him of the decisions, he forfeits one fourth of his 
salary for every additional month's delay, unless a majority of the 
court will certify that the delay was not from his fault, or of those 
under his control; but if he continue to fail to publish and furnish 
them as required, and without excuse, he forfeits one fourth more 
of his salary, and must be removed by the Supreme Court. 



351 ELEVENTH TITLE.— CHAPTER 1, ART. 1. §§1363-1366 



Education ; the University of Georgia and its organization. 



ELEVENTH TITLE. 

Education. 



CHAPTER 1. 



The University of Georgia and Its Organization. \ <r n Ci-fhajf 

^c . /// //-/ 

ARTICLE 1. 
The University of Georgia. 

§1363. (§1271.) University of Georgia and its government. The 
government of the University of Georgia, at Athens, is vested in a 
board of trustees, who are subject to the General Assembly. 

§1364. (§1272.) Name and style; may sue and be sued. For such§ 6581 - 
purpose they are a body corporate and politic, by the name of the 
"Trustees of the University of Georgia," by which they shall have 
a perpetual succession, have and use a common seal, and be a person 
in law, able to plead and be impleaded, to hold and acquire real and 
personal estate, with power to lease and otherwise manage the same 
for the good of the University. All money or property granted by 
the State, or individuals, for the advancement of learning in gen- 
eral, is vested in such trustees. 

§1365. (§1273.) Board of trustees. The board of trustees of the A p cts 74 mi2 - 
University of Georgia shall be composed of one member from each JfJ^ P 5 6 95 - 
Congressional district, four from the State at large, two from the city 
of Athens, and the chairman ex officio of the local board of trustees 
of each branch of the State University where by laws now of force 
they are made such trustees, all of whom, except the latter, shall be 
appointed by the Governor and confirmed by the Senate, under the 
rules governing the appointment and confirmation of other officers 
of this State required by law to be confirmed by the Senate. 

§1366. (§1274.) Term of office. The term of office of said trustees Acts 1871 -^ 
shall be eight years, and until their successors are appointed, con- JfJjS- 9 ' p-J 5 - 
firmed, and qualified. The first appointments shall be made by the 
Governor before the first day of September, 1889, and confirmed by 



§§1367-1371 ELEVENTH TITLE.— CHAPTER 1, ART. 1. 352 

The University of Georgia. 

the Senate ; four of them shall be appointed for two years, four 
for four years, four for six years, and four for eight years, and as 
the terms of these appointees expire their successors shall be ap- 
pointed and confirmed biennially thereafter for a full term of eight 
years. There shall be two trustees from the city of Athens, exclu- 
sive of one from the Congressional district in which said city may 
be located. 

§1367. (§1275.) Who eligible as trustees. Persons to be eligible 
to the office of trustee shall be citizens residents of the districts from 
which they are appointed ; shall be at least twenty-five years of age, 
not trustees of any other male college or university, excluding branch 
colleges of the University, and high schools or academies ; and shall 
be chosen with special reference to their fitness and capacity to ex- 
ercise the duties of trustee. The Governor shall be ex officio a mem- 
ber of the board of trustees, and shall attend its meetings when 
possible, and is entitled to all the privileges of a member of the board. 

§1368. (§1276.) Governor to fill vacancies. In case of the death or 
resignation of any member of the board, the Governor shall fill such 
unexpired term in the manner above provided, such appointment to 
be confirmed by the Senate at the session after the same is made. 

A p. tf W 1906 ' §1369. Office of additional trustee created. There shall be the 

office of one additional trustee of the University of Georgia ; said 
office to be held only by a non-resident, native Georgian, to be ap- 
pointed by the Governor and confirmed by the Senate, in the same 
manner as other trustees for said institution are appointed. 

§1370. His term of office, powers and duties. Said non-resident 
trustee when appointed shall hold office for the term of eight years, 
and until his successor is appointed and qualified, and all the terms, 
conditions, and requirements of law applicable to the present trustees 
of said University shall be applicable to said non-resident trustee, 
except as hereinafter provided. 

§1371. Eligibility, etc. A person to be eligible to the office of 
trustee under the two preceding sections shall be at least twenty-five 
years of age, and shall not be a trustee of any other male college 
or university located within this State, but trusteeship of other 
male colleges or universities not located in this State shall not be 
a disqualification: Provided, that no appointment shall be made 
to fill the office thus created in case it is made vacant by death, 
resignation, or refusal to serve by the first incumbent. 



353 ELEVENTH TITLE.— CHAPTER 1, ART. 1. §§1372-1375 



The University of Georgia. 



§1372. (§1277.) Chairman of the board. The board of trustees 
shall elect one of their number as their presiding officer, who shall 
be called the chairman of the board of trustees. The board may 
meet subject to their own order, but they must assemble in annual 
session in the city of Athens on the Thursday preceding the Sunday 
of the commencements of the University. They may establish such 
rules and regulations for their own direction as they deem proper ; 
may fix the terms of the office of their chairman and secretary ; and 
are vested with all the powers, privileges, and rights vested in the 
former board of trustees, and are charged with all the duties, obliga- 
tions, and responsibilities incumbent on the same. 

§1373. (§1278.) Continuance. It shall be the duty of the members §§5717, 5718. 
of the board of trustees of said institution to attend the meetings 
of the board, so as to take part in its deliberations ; and whenever any 
trustee shall be engaged, at the time prescribed for the annual meet- 
ing of the trustees, as counsel or party in any case pending in the 
courts of this State, and such case shall be called for trial during 
the regular sessions of said board, his absence to attend such session 
shall be good ground for postponement or continuance of the case 
till the session of the board shall have come to an end. 

§1374. (§1279.) Office vacant for failure to attend. The office of A p c . ts 74 1871 " 2 ' 
any member of the board of trustees shall be vacated if he neglects to iisoi 9 p. P *56. 5 " 
furnish good and satisfactory excuse, in writing, to the board for 
absence from two consecutive meetings thereof ; and if any member, 
for any cause, fails to attend three successive meetings of the board, 
his office shall be declared vacant by the board; and the secretary 
shall in either event notify the Governor of a vacancy in the board, 
and the Governor shall fill the same as above provided for. 

§1375. (§1280.) Compensation for board of trustees. The mem- A p cts 74 1S71 - 2 ' 
bers of the board shall each receive (for the payment of expenses ac-iUi^pp." £ 
tually incurred by them) the sum of four dollars for each day of 58, 
actual attendance at the meetings thereof, and mileage in actual fare 
to and from the place of meeting by the nearest practicable route 
from their respective homes, said expenses and mileage to be paid by 
the State treasurer out of the funds of the State, by executive 
warrant, on presentation of vouchers of the members, approved by 
the chairman and signed by the secretary of the board. The mem- 
bers of said board shall receive no emolument or compensation for 
their services as such members. 



§§1376-1379 ELEVENTH TITLE.— CHAPTER 1, ART. 1. 



354 



The University of Georgia. 



§1376. (§1281.) Annual reports made to Governor. The board of 
trustees shall submit to the General Assembly, through the Governor, 
annual reports of their transactions, together with such information 
as is necessary to show the condition of the University, with such 
suggestions as it may think conducive to the good of the University 
and the cause of education in the State. 



Acts 1S94, 
p. 64. 



Cobb, 1082, 

1095. 
Acts 1853-4, 

p. 114. 

1858, p. 107. 

1859, p. 26. 
§1552. 



Acts 1898, 
p. 69. 



§1377. (§1282.) Course of Bachelor of Arts to be encouraged. In 

prescribing the course of study to be followed in said University, 
it shall be the duty of the trustees, in so far as the same can be 
done without detriment to other departments, to encourage and 
promote, by the disposition of the time and attention of the students, 
the regular course of Bachelor of Arts, in order that said course 
shall not be subordinated to any other course in the institution. 

§1378. (§1283.) Efficiency of the two literary societies to be pro- 
moted, etc. The board of trustees shall, in their discretion, ordain 
and establish such rules and measures as will, in their judgment, tend 
to secure the efficiency and promote the success of the two literary 
debating societies in said institution, and to the encouragement of 
oratory and composition among the students attending the exercises 
in these societies. 

§1379. (§1284.) Powers specified. The trustees have power — 

1. To elect their own officers, such as chairman, vice-chairman, 
secretary, treasurer, or such of them as they may require, and also 
all other officers they may deem necessary for their organization. 

2. To elect a presiding officer of said University, who shall be 
styled the "Chancellor of the University of Georgia," and in case 
of a vacancy in his office, unsupplied, to create such office and make 
such arrangement for the conduct of the institution as to them 
shall seem meet. 

3. To elect or appoint professors, tutors, stewards, or any other 
officer necessary ; to discontinue or remove them, as the good of the 
University may require ; and fix their salaries. 

4. To prescribe the course of studies to be pursued by the stu- 
dents, the terms and manner of graduating, and of conferring all 
the degrees. 

5. To operate regular summer sessions of the University of Geor- 
gia, in graduate courses and work closely related thereto, including 
psychology and the history and philosophy of education, for the 
special benefit of the white teachers of the State without regard to 
sex or age. 

6. To establish all such schools of learning or art as may be use- 



355 ELEVENTH TITLE.— CHAPTER 1, ART. 1. §§1380-1383 

The University of Georgia. 

ful to the State, and to organize the same in the way most likely to 
attain the ends desired. 

7. To call on all persons who may have, or have had, any funds, 
property, papers, or books belonging to the University, to deliver 
them up and make settlements. 

8. To adjust and determine the expenses of the institution. 

9. To exercise any power usually granted to such incorporation, 
necessary to its usefulness, and not in conflict with the Constitution 
and laws. 

§1380. (§1285.) Meeting of board, how called. The chairman of 
the board and two of its members may appoint a meeting at any time 
by giving to the others at least ten days notice, by letter or other- 
wise. When the chairman does not act, the senior trustee present 
shall preside, and in all other respects discharge his duties ; when 
the board is divided the presiding officer shall give the casting vote, 
or may vote to make a tie. A majority of the body present shall 
govern,, if a quorum. Nothing done at a special meeting shall be 
binding after the rising of the next annual meeting, unless then 
confirmed. 

§1381. (§1286.) Shall not dispose of stock subscribed for. Such 
trustees shall never dispose of the stock by them subscribed for, ex- 
cept with the consent of the General Assembly, but the dividends 
therefrom shall be drawn and used as the various demands of the 
University may require. 

§1382. (§1287.) Board of visitors. The Governor shall annually A p c . ts 67 1887 ' 
appoint five experienced educators, citizens of the State, as a speci