Political and civil code amendments. PART I. TITLE VI. POLITICAL AND CIVIL CODE AMENDMENTS. [NOTE. The figures immediately following section mark (?) are the Code Supplement numbers. Those in parenthesis are the numbers of the original sections as they appear in the Code of 1895.] § 6114 (38). Election held at other time.-When an election is to be held for any purpose as named in first section of this act, at any time other than the first Wednesday in October, and the Tuesday next after the first Monday in November, as specified in section four of this act, the provisions of this act shall apply in all respects, except that section four of this act shall apply only to the general clections named therein. Except further, that any person who has registered for any general election specified in section four of this act shall, if otherwise. qualified to vote at any election occurring before the next said general elections, be listed as hereinafter provided by the registrars named in said act, and entitled to vote at such intermediate or general election; and except that fifteen days before any intermediate or special election, the said tax collector shall file with the county registrars named in said act an accurate 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 section five of this act; and except that in preparing the list of voters for said intermediate 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 eight of said act, of the names of all persons who at the time of said intermediate or special election may not be qualified to vote under the laws of this state. A. 1897, p. 95. 21. § 6115 (48). Disqualified voters, how listed.-The tax collector, A. 1899, p. the ordinary and the clerk of the superior court of each county shall, or or before July 1st of each year, prepare and file with the county registrar and tax collector a complete list, alphabetically arranged, of all persons living in the county on January first of that year, who are disqualified from voting in that year by reason of nonpayment 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 after the passage of this A. 1896, p. 40. A. 1898, p. 41. Political and civil code amendments. act, said list of disqualified persons shall consist only of such per- List of registered voters furnished by the registrars absolutely controls them. § 6116 (72) [8]. SEC. 1. Compensation of managers and clerks.— The county authorities of the various counties of this State who have control of the county affairs, shall fix and prescribe in each voting precinct such compensation as they deem reasonable for managers and clerks of election in this State, 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 county treasurer on order by county authorities; provided, the provisions of this Act shall not apply to municipal elections. Managers can decide only one question--to wit, not to count vote of voter Signatures of all the superintendents, requirements as to, to be treated as di- SFC. 2. The compensation herein provided for shall be fixed before the day upon which said elections are held. SEC. 3. All laws now of force in this State providing for the payment of election managers and clerks, excepting those laws in reference to payment of managers and clerks of municipal elections, are hereby repealed. § 6117 (98). Official term of county officers.-The terms of sheriffs, clerks of the superior courts, tax-collectors, tax-receivers, county 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 A. 1898, p. thereafter; [provided, that where the tax collector of any county. is succeeded by another, that the outgoing collector shall make final settlement 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 43. Political and civil code amendments. responsible only with the collection of the taxes due for the years for which he is chosen and bonded.] 42. § 6118 (101). Elections, time and place of.-Justices of the A. 1898, p. Peace shall be elected on the first Saturday in [December, 1900] and every fourth year thereafter, by the voters of their respective districts; provided, they have resided in the district as much as thirty days immediately preceding the election, and are otherwise qualified. The election must be held at the place of holding justices' court 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. Constables' election properly denominated a State election. Rose v. State, 107 Ga., 703. 39. § 6119 (102). Superintenà elections, who shall.--Such elections shall be superintended by three freeholders of the district, [who shall a. 1900, p. 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 freeholders of the district] who shall take the oath required in section 67. 43. § 6120 (105). Time of constables' elections, etc.-[Constables A. 1898, p. in this State shall be elected at the same place and by the same class of voters that Justices 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; provided, that this Act shall not affect or change the time of the election of constables in January, 1899.] Constables' election properly denominated a State election. Rose v. State, 107 Ga. 703. § 6121 (107) [7]. Record, when to be transmitted by Judge of Superior Court.-All papers and proceedings or copies of them duly certified by the presiding officer, 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 Superior 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 counsel of the time and place of hearing [and in A. 1898, p. the event the Judge of the Superior Court of said circuit is disqualified from hearing said contest, or for any legal cause refuses to hear the same, he shall certify this fact and transmit said papers and proceedings to a Judge of the Superior Court of an adjoining circuit, qualified to hear said contest, who shall hear and determine the same.] Constitutional act of 1893 does not violate the section of the Constitution embodied in Code, 5015. Johnson v. Johnson, 99 Ga., 389. Mode of procedure set out in 82 107-109 of the Political Code, discussed. Tupper v. Dart, 104 Ga., 182. 45. A. 1898, p. 44. 40. Political and civil code amendments. S6122 (107) [8]. Notice of contest; failure to prosecute claim. -[The contestant shall send to the Governor a copy of the notice, in writing, required 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, 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 nothing 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 officer 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.] § 6123 (115). Tally-sheets, returns, etc.-Every such primary election shall be held at the time and place, and under the regulations prescribed by the rules of the party, organization or association holding the same, and the return shall be made and the result deA. 1900, p. clared as prescribed in the foregoing section [and the returns of the managers with the tally sheets or poll lists 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 declaration of the result thereof, and the said clerk shall keep said election papers unopened, and shall not examine the same or permit others to do so, for the space of sixty days, after which time, if no contest is begun about said election, said election papers shall be destroyed without examination of same as aforesaid. And if the clerk shall violate or permit others. to violate the provisions of this act, he and the persons violating shall be subject to be indicted and punished as for a misdemeanor.] A. 1900, p. 40. § 6124 [115]. Contests; proceedings.-When a contest is filed on the ground of 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 all papers connected with said primary election, to the person or persons who presides at the taking of the testimony in such contested election, upon demand, who shall examine such suspected ballots and none other, and any clerk of the Superior Court Political and civil code amendments. who by law is intrusted with the ballots of any primary election, shall fail or refuse to deliver up such ballots when the same are demanded of him in accordance with this act, shall be punished as for a misdemeanor, and if the person or persons to whom said ballots are intrusted shall violate the provisions of this section, shall likewise be guilty of a misdemeanor. § 6125 (223) [7]. Must be a citizen of county.-No person shall be eligible to hold any county office in any county of this State unless he has been a bona fide citizen of the county in which he shall be elected [or appointed] at least two years prior to his election or appoint- a. 1900, p. ment, and is a qualified voter entitled to vote. This act shall not have the effect to remove any person now holding office before the expiration of his term of office. 42. 23. § 6126 (333). How laid out or changed.-Whenever it may be necessary and expedient to lay out a new militia district, or to change the lines of the old ones [or to consolidate or abolish old districts], A. 1899, p. 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. Determination of ordinary of Board of County Commissioners, how far reviewable. Howell v. Kinny, 99 Ga., 544-550. 86127 (338). Making or changing districts; consequences.—If, in laying out a new district or in changing the lines of an old district [or in consolidating or abolishing old districts], the residences of A. 1899, p. justices of the peace or constables elected or appointed are included 24. 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 term of office expires 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. § 6128 (386 and 387). SEC. 1. County lines disputed, how sur A. 1899, p. veyed.-Sections 386 and 387 of volume 1 of the Code of 1895, in 24. reference to the manner of settling disputed county lines, are so amended as to require the surveyor appointed by the Governor to survey, mark out and define the boundary line in dispute, to furnish the ordinaries or chairmen of the board of county commissioners of the respective counties 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. SEC. 2. Return of survey and plat, protest.-The 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 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. |