Political and civil code amendments. SEC. 3. Contests, how determined.--In case such protest or exceptions is filed in said Secretary of State's office within the thirty days aforesaid, it shall be the duty of said Secretary of State to 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 between the respective counties. SEC. 4. Decision, where 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 same to be then 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. § 6129 (580). Defaulters.—Any person who has failed or refused 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 common jail at the discretion of the authorities trying the case, or be sentenced to work in the chain-gang for not longer than ninety A. 1897, p. days. [If the authorities trying the case impose a fine upon the person convicted, it may be with the alternative of other punishment allowed by this section, in case said fine is not paid.] 19. 21. A. 1897, p. 21. § 6130 (583). Provision of force on recommendation of grand jury. This article shall not go into effect in any county in this State until it is recommended 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]. Sections 573-583 "constitute a system of road law, general in its nature and of uniform operation throughout the State." Mattox v. Knox, 96 Ga., 404; Sasser v. Martin, 101 Ga., 458. § 6131 (657). Lessee of mine deemed the owner.--Any person or 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 benefits and privileges of this article; [provided, that in no instance shall water greater in amount, measured in cubic feet, than the surplus be withdrawn and carried away entirely from a stream above any mill or Political and civil code amendments. 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]. 26. § 6132 (739). Councilmen incompetent to hold other municipal 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, A. 1899, p. 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 appointed during his term to any other municipal office shall resign before being eligible to enter upon the office to which he has been appointed; 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. Cities and towns of less than 2,000 inhabitants: Councilmen and Aldermen of, may hold any other municipal office. Act constitutional. Crovatt v. Mason. 101 Ga., 249; Union Savings Bank v. Dottenheim, 107 Ga., 622. General law as distinguished from laws of a local character. Sasser v. Martin, 101 Ga., 477; Union Savings Bank v. Dottenheim, 107 Ga., 622. Members of City Council cannot constitutionally be members of the Board of Water and Electric Light Commissioners. Jones v. McCaskill, 112 Ga., 453. § 6133 (684). Existing towns, by what law governed; new towns A. 1897, p. and villages, how incorporated. The towns and villages heretofore 94. established in this State shall remain subject to the laws now in force, applicable thereto respectively; and the provisions hereinafter set forth shall be deemed applicable only to the towns and villages established after August 26th, 1872. [The third section of the act of 1874, p. 44, amending the act of 1872, p. 16, was repealed by the act of 1897, p. 94.] Constitutional law. Sections 684-710 embody a law not of a general nature, and an Act may be passed incorporating a town or village, without violating Code, 5027. Fullington v. Williams, 98 Ga., 808. General law. Sec. 683, et seq., not a general law, and therefore the General Assembly in 1898 could create a municipal corporation by special enactment. Benning v. Smith, 108 Ga., 259. § 6134 (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 alphabet- A. 1900, p. ical list of the names of insolvent taxpayers, the militia district in 42. which each resides, and the amount of each fi. fa.] § 6135 (906). Constable may levy in any part of county.-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 27. Political and civil code amendments. A. 1899, p. 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 or officers shall make prompt settlements with the taxcollectors, and in no event shall they 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 law]. 6136 (932). Receiver's oath and bond.-Such receiver, whether elected or appointed, before entering on the duties of his office, besides the oath required of all civil officers, must take and subscribe the following oath: "I swear that I will truly and faithfully perform the duties of receiver of returns of taxable property, or of persons 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 examine 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." He shall A. 1896, p. also at the same time give bond and security in a sum equal to [onefourth] of the amount of the State tax supposed to be due from the county for the year in which he shall give bond, the amount of said bond to be filled up by the Comptroller-General before being sent out to the several counties from the executive office. 38. $6137 (982). Slate depositories provided for in various cities.— The Governor of the State of Georgia shall name and appoint a solvent chartered bank of good standing and credit in each of the following cities of the state, to wit: Atlanta, Athens, Augusta, Columbus, Macon, Savannah, Rome, Americus, Albany, Hawkinsville, Gainesville, Griffin, Lagrange, Thomasville, Newnan, Cartersville, Dalton, Valdosta, Milledgeville, Darien, Dawson, Cordele, Marietta, Richland, Covington, Greenville, Quitman, Carrollton, Fort Gaines, Forsyth, Jackson, Jefferson, Washington, Millen, Warrenton, Elberton, Monticello, Cedartown, Harmony Grove, Thomaston, Waycross, Brunswick, Blackshear [Eastman, Moultrie, Toccoa and Statesboro], [city of Tifton, in Berrien county, Georgia, and the city of Lawrenceville, in Gwinnett county, Georgia], [the city of Dublin, in Laurens county], [the city of Douglas, in Coffee county, Georgia], [the city of Madison, in Morgan county], [the city of Tennille, in the county of Washington], which shall be known and designated as State depositories. Political and civil code amendments. 28. §6138 (1143). Duration of commission.-Section 1143 of the A. 1899, p. Code of 1895 is repealed, and the following enacted in lieu thereof: All commissions now held by officers of the volunteer forces of this state shall expire on the first day of February, 1900, on which day officers shall be elected to succeed the present incumbents in the manner now prescribed by law, and commissioned for a term of three years. The term of office of all officers of said volunteer forces elected or appointed after the passage of this bill, whether line, field, or staff officers, shall be three years from date of their respective commissions. 28. § 6139 (1218). Pay and rations while in service.-Section 1218 A. 1899, p. of the Code of 1895, prescribing the compensation of the volunteer forces, amended to read as follows: Whenever any part of the volunteer forces of this State is called into the service of the State for the purpose of quelling insurrection, suppressing mobs, or otherwise aiding the civil authorities in enforcing the law, their compensation, in addition to railroad transportation, quarters and rations, shall be as follows: All colonels, lieutenant-colonels and majors, of whatever arm of service, $4.00 per day. All captains of whatever arm of the service, $3.00 per day. All lieutenants of whatever arm of the service, $2.00 per day. All first sergeants of whatever arm of the service, and all noncommissioned staff officers, $1.50 per day. All other noncommissioned officers of whatever arm of the service, $1.25 per day, and all private soldiers, of whatever arm of service, $1.00 per day. In computing the length of the term of service, twenty-four hours shall be considered a day, and all fractional parts of twentyfour hours shall be counted as an entire day. The compensation herein provided for, as well as the cost of railroad transportation and subsistence, shall be paid out of the military fund, unless otherwise specifically provided for. 86. ] Artillery A. 1896, p. 6140 (1241). Companies of naval militia.-In addition to the companies of the Georgia Volunteers, which are now, or which may be hereafter allowed, there may be allowed, in time of peace, the following [divisions] of naval militia, organized by voluntary en- A. 1896, p. listment for the defense of the coast and harbors, which shall constitute a battalion to be known as the "Naval Battalion of Georgia Volunteers," to wit: Three [divisions] of Naval [ and one Naval Torpedo division; provided, that the Commander-in- 86. Chief shall have power, in case of war, insurrection, invasion, or imminent danger thereof, to increase said force beyond such limit of four companies, and to organize the same as the exigencies of the service may require; provided further, that the Commander-in-Chief may alter, annex, divide, consolidate, or disband the said Naval Battalion, or any part thereof, whenever, in his judgment, the efficiency of the State service will be increased thereby. $6141 (1243). Battalion officers.-To the aforesaid Naval Battalion there shall be one [ ] commander, who shall com A 1896, p. 86. 86. Political and civil code amendments. mand the same, one lieutenant [commander] to act as executive officer, and one lieutenant to act as navigator, which officers shall be chosen and commissioned as soon as the said Naval Battalion is fully organized. The commanding officer of the said Battalion shall have power to appoint a staff, to be commissioned by the Commander-inChief, to consist of one aide, one ordnance officer, one paymaster, who shall be mustering officer, one surgeon, each with the rank of lieutenA. 1896, p. ant, junior grade. There [may] also be attached to the staff of the commanding officer the following warrant and petty officers: One master-at-arms [one electrician, one chief gunner's mate, one chief quartermaster, four quartermasters, and eight signalmen], two yeomen, one hospital steward, and one chief boatswain's mate. [Also, when there is a ship on station, there shall be attached to the ship an engineer's division, which shall be appointed by the commanding officer of the battalion and commissioned by the Commander-in-Chief, to consist of one chief engineer of the rank of lieutenant, junior grade, two assistant engineers of the rank of ensign, and five machinists, four oilers and four water-tenders, without rank.] A. 1896, p. 86. A. 1896, p. 86. A. 1896, p. A. 1896, p. 86. 86. A. 1896, p. 86. A. 1896, p. 86. A. 1896, F. 86. § 6142 (1244). Company officers.-Each [divison] of naval [ ] artillery and the Naval [ Torpedo [division] shall be commanded by a lieutenant, and shall contain one lieutenant, junior grade, two ensigns, and not less than thirty-two nor more than sixty warrant and petty officers and seamen as enlistmen. The Naval [ Torpedo division shall consist of [not more than] three crews, each of which shall contain at least sixteen petty officers and seamen. The first crew shall be commanded by the lieutenant, junior grade, the second and third crews by the two ensigns. Each torpedo crew shall contain at least two men with practical knowledge of electricity, and two others with a practical knowledge of steam engineering. S6143 (1246). Duties of officers and men.-The officers and enlisted men of the aforesaid Naval Battalion, or any part thereof, shall perform such duty or service as may be ordered by the Commander-in-Chief, and shall be paid the same compensation as is allowed officers and enlisted men having the relative rank or position in the [United States Navy] for performing similar duty or service, but they shall not receive any compensation from the State for duty performed by way of instruction or drill, or otherwise, for which they shall receive compensation from the United States. The uniform of the Naval Battalion and the insignia and designation of grade and rank shall be prescribed by the Commander-in-Chief, who may change and modify the same from time to time. § 6144 (1249). Companies and battalions to correspond to same in Georgia Volunteers.--The Naval Battalion shall be considered to correspond to a battalion in the Georgia Volunteers, and shall be entitled to all the privileges and allowances of such battalion. Each A. 1896, p. [division] of said Navy Battalion shall be considered as the equivalent of a company of the Georgia Volunteers, and shall be entitled to 86. |