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Political and civil code amendinents.

the same privileges and allowances. The members of the Naval Battalion, and each [division] thereof, may form themselves into an organization, and adopt by-laws in the same manner, with the same powers, and subject to the same limitations as are now prescribed for members of companies in the Georgia Volunteers.

§ 6145 (1354). Membership in county boards.—The grand jury of each county (except those counties which are under a local system) in this State, shall, from time to time, select from the citizens of their respective counties five freeholders who shall constitute the County Board of Education. Said members shall be elected for the term of four years, and shall hold their offices until their successors shall be elected and qualified; provided, however, that no publisher of school books, nor any agent for such publisher, nor any person who shall be pecuniarily interested in the sale of school books, shall be eligible for election as member of any Board of Education, or as County School Commissioner of any county in this State; [provided a. 1897, p. further, that whenever there is in a portion of any county a local school system having a Board of Education of its own, and receiving its pro rata of the public school fund directly from the State School Commissioner, and having no dealings whatever with the County Board of Education, then the members of the County Board of Education of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.] Elections are for fixed terms, and members are paid for their services out of the school fund. Coleman v. Glenn, 103 Ga., 459.

§ 6146 (1419). Treasurer's bond.-The treasurer must give bond and security in the sum of [forty] thousand dollars.

23.

A. 1900, p. 44.

§ 6146a (1642). Disabled soldiers to peddle without license.— Any disabled or indigent Confederate soldier or soldiers of the Seminole, Creek, or Cherokee Indian War or Mexican War, who are residents of this State, may peddle [or conduct business in any town, A. 1897, p. city, county, or counties thereof without paying license for the 24. privilege of so doing, and a certificate from the ordinary of any county stating the fact of his being such disabled or indigent Confederate soldier or soldiers of the Seminole, Creek, or Cherokee Indian War or Mexican War, who are residents of this State, shall be sufficient proof; provided, that this section shall not authorize peddling [or dealing in] ardent and intoxicating drinks; [or run- A. 1897, p. ning a billiard, pool, or other table of like character, or dealing in futures, or peddling stoves or clocks, or carrying on the business of a pawnbroker or auctioneer, or dealing in lightning rods]; and provided further, that the privilege hereby granted shall not be transferred to or used by any other person.

Certificate from ordinary is prima facie evidence of being a disabled soldier.
Holliman v. Mayor, 109 Ga., 107 (3).

Holder of such certificate may conduct what lines of business thereunder.
Hartfield v. City of Columbus, 109 Ga., 112.

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Political and civil code amendments.

§ 6147 (1643). What other Confederate soldiers may peddle without license.---All Confederate soldiers who are over the age of fifty years, and who have resided in this State for three years next preceding the filing of their applications, as hereinafter provided, are authorized to conduct the business of traveling life insurance agents or A. 1897, p. solicitors [and fire insurance agents or solicitors], and peddle in the State without first obtaining a license therefor from the State or any county or municipality thereof, and without being subject to any tax therefor.

25.

A. 1886, p. 38.

A. 1886, p. 38.

85.

§ 6148 (1653). Licensing of pilots.—The commissioners of pilotage at each of the ports of this State are empowered to license such persons (being citizens of the United States) of good character as they shall think most fit to act as pilots, for the purpose of conducting vessels inward to and outward from the several ports and rivers for which they shall be licensed during their good behavior. Pilots already licensed for any said ports or rivers shall continue to act until removed for cause.

6149 (1653). Number allowed.-No additions shall be made to the present number of licensed pilots until the number shall not exceed twenty (20) for the port of Savannah, ten (10) for the ports of Doboy and Darien, fifteen (15) for the port of Brunswick, four (4) A. 1896, p. for the Great Satilla river [and four (4) for the port of St. Mary's], and thereafter, when vacancies occur in the number of pilots on any one of the before named ports or rivers, the commissioners of that port may, in their discretion, grant licenses as pilots as hereinbefore provided, until the number of pilots reaches the number allowed by this Act for that port or river. This Act shall not prevent the commissioners of any one of the before named ports from, in their discretion, granting licenses to such apprentices as were apprentices at the date of the passage of this Act, when any one of such apprentices has fulfilled the requirements of the laws of the State of Georgia and the rules and regulations established by the commissioners of the said port. No person, other than a duly licensed pilot, shall be entitled to receive any fee, gratuity, or reward for conducting or piloting any vessel inward to or outward from any of the ports, rivers, or harbors for which a pilot shall be licensed. If any person, having no authority or license to act as pilot, or who having had any authority, has had it suspended or revoked by the commissioners, shall, while his license is suspended, pilot or conduct any vessel inwards to or outwards from any of the ports, rivers, or harbors of this State, or if any person interferes with or disturbs a licensed pilot in the way of his duty, such person may, on conviction, be fined and imprisoned at the discretion of any court having jurisdiction; but any person may assist a vessel in distress without any pilot on board if such person shall deliver up the vessel to the first pilot who comes on board and offers to conduct it, but the vessel must fly the signal for a pilot until one has been received or his services tendered.

Political and civil code amendments.

47.

§ 6150 (1700). Natural beds.-The natural oyster-beds of this State shall forever remain the property of this State, open to all her citizens for the procuring of oysters for consumption, sale, seed, or propagating; and for the better securing of this purpose, the charts made and published in consequence of a resolution passed by the Legislature of this State, by the United States geodetic Survey, known as "Bulletin No. 19," shall be [ ] evidence of the location a. 1898, p. of such natural oyster-beds and of vacant ground; provided, that wherever beds shown by said "Bulletin No. 19" to be natural oysterbeds shall, as a matter of fact, not extend below low-water mark, then the territory below low-water mark shall, nevertheless, be open to lease. Except as herein stated, it shall not be lawful for the county commissioners or ordinary to grant leases to any grounds shown on said "Bulletin No. 19" to contain a natural bed, and it shall be lawful for them to grant leases on any or all territory indicated on said "Bulletin No. 19," as vacant.

Lessee may legally sublet. Jones v. Oemler, 110 Ga., 202 (3).

115.

§ 6151 (1721). Clerical work.-The State Geologist shall keep his A. 1897, p. office in a room to be set aside for that purpose by the Governor. [The balance of this section repealed by act 1897, p. 115.]

§ 6152 (1775). Impounded animals, how disposed of; damages, how assessed. In case any of the said animals shall be impounded under the provisions of section 1774, it shall be the duty of the party so impounding them to give them all necessary care, feed, and attention, for which he shall have such compensation as is allowed sheriffs for like care, feed, and attention to stock. And it shall also be his duty to give the owner, if known, notice of the fact of such impounding in twenty-four hours, and if not known or ascertained within three days from the taking up and impounding, such animals shall be disposed of as provided by law in cases of estrays; except that in case any such animal or animals shall be sold under the provisions of law, the proceeds of such sales, after the payment of legal costs, including advertising, shall be applied first to the payment of the damages sustained by the aggrieved party, including compensation for the care, feed, and attention. In case of disagreement between taker-up or party claimed to be damaged, and the owner of such animal or animals, as to the amount of damages sustained on account of the alleged trespass of such animal or animals, or for the expenses for care, feed, and attention, the aggrieved party may make complaint to the justice of the peace of the district, and if no justice in such district, then to the most convenient justice in any other district, setting forth the amount claimed. Whereupon such justice shall issue a summons as in other suits, returnable five days from the date thereof, requiring the owner or claimant of such stock to appear at a time and a place therein named, and which shall be served as other summons, at least three days before the time of hearing, when said

A. 1900, p.

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Political and civil code amendments.

justice shall proceed to hear evidence and give judgment against such owner or claimant for such damages as shall appear reasonable and just, including the expenses of care and feeding of such stock, and all legal costs, which shall be enforced by execution, levy and sale, as other judgments of such justice; provided, nevertheless, that a special lien upon the trespassing animal or animals for the payment of such judgment shall attach from the time of committing of such trespass, superior to all liens or previous claims, except public dues, and superior also to all exemptions under the homestead and exemption laws; but the defendant in such case against whom a judg ment for damages has been rendered may appeal to a jury, as other appeals are allowed in justices' courts; [and provided further, that in case of any litigation, as contemplated by this section, it shall be lawful for the owner of such animals to redeem or replevy the same by giving to the complaining party a bond, with good and sufficient security, conditioned to pay all damages and costs which may be finally recovered against him in such suit, said bond to be approved by the justice of the peace issuing the summons.]

§ 6153 (1778). Election in militia districts.—The provisions of sections 1772, 1773, 1774, 1775, and 1776 shall become operative in any militia district of this State, upon the following terms and conditions: Whenever so many as fifteen freeholders, or a majority of frecholders in any militia district of this State, shall petition the ordinary of any county in which said district is located, for the benefit of the provisions of said sections, said ordinary shall give notice of said petition by advertising the same in the public gazette, if there be one published in said county, and by public notices at all election precincts and public places in said district, which said notices shall be published for twenty days; and said ordinary shall at once proceed to have an election held in said militia district at as early a day as practicable, to be designated by him, after said notices have been given, in which the question shall be submitted to the lawful voters of said district in the following form, to wit, "For fence" or "Stock law;" said election to be held at the places and under the same rules and regulations as are provided for members of the General Assembly, and after fifteen days notice at the most public places in said district; at which election all persons who are qualified to vote for members of the General Assembly, and who have been bona fide residents of said district for ninety days immediately preceding said election, shall be qualified to vote. The returns of said elections shall be made to the ordinary of said county, who, after examining the same and deciding upon all questions which may arise out of said election, shall proclaim the result by notice, as aforesaid. If the lawful majority in said elections is for stock law, then the provisions of said sections shall take effect in such militia district within six months thereafter; provided, that said last election shall not be held A 1899, p. oftener than one time in every year; [and provided further, that

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Political and civil code amendments.

within six months after such election, a lawful fence, with proper
gates be erected around parts of such district as touch non-stock law
or fence law districts or counties, as is provided for in section 1781
of the Code of 1895, and if within such time such fences and gates
shall not be so erected, then the provisions of said section shall not go
into effect.]

Contest before ordinary as the result of election. not authorized (22 1777-1778).
Harris v. Perryman, 103 Ga., 816. Mandamus not lie. Id.
Constitutional. Secs. 1778-1781 not violative of Constitution (§ 5779). Puckett
v. Young, 112 Ga., 578.

§ 6154 (1781). Militia districts, fences around.—Whenever any militia district shall adopt the provisions of the stock law, it shall be the duty of the ordinary (or such other tribunal as may have jurisdiction over county matters), as soon as practicable after said adoption, to have good and substantial fences erected around the lines of said district in order to prevent the incursion of stock from other counties or districts, and for this purpose he is empowered to enter upon the land of any person of said district or county, and have fences constructed across any public or private road; provided, that proper gates are established in such public or private roads; [and A. 1899, p. provided further, that in no event shall the provisions of the stock law go into effect as the result of a militia district election hereafter held, until and unless within six months after such election (if in favor of "stock law"), such fence, with gates, as above provided, has been erected around portions of such district as touch non-stock or fence law districts or counties.]

30.

§ 6155 (1810). Females.-Females are not entitled to the privilege of the elective franchise, nor can they hold any civil office, or perform any civil functions, unless specially authorized by law, nor are they required to discharge any military, jury, police, patrol, or road duty; [provided, nothing contained herein shall prevent a A. 1896, p. woman, a resident of the State four years, and who has attained the 40. age of twenty-one years, from being eligible to the position or office of State Librarian by appointment by the Governor, under the provisions of force regulating appointment by the Governor.]

A. 1897, p.

§ 6156 (1844). Change of name or place of business.—Any banking, railroad, insurance, express, telegraph, canal, or navigation company in this state, whether incorporated by special act of the General Assembly, or by the Secretary of State under the general law, may have its corporate name, or its principal office [or the face value of each share of its capital stock, or the number of its Board of Direc- 26. tors] changed in the following manner, to wit: the company desiring to have its name, or its principal office [or the face value of each share of its capital stock, or the number of its Board of Directors] changed, 27. shall file in the office of the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, the date of its original charter and all amendments thereto, that it

A. 1897, p.

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