Political and civil code amendments. of joint owners or agents to bring said suits, and thereby barring future actions, are repealed. Certiorari, whether lies or not, not determined. Savannah Railway v. Fennell, 100 Ga., 478. 63. § 6167 (2324). Receivers, liability to employees.-The liability of receivers, trustees, assignees, and other like officers operating railroads in this State, or partially in this State, for injuries and damages to persons in their employ, caused by the negligence of co-employees [or for injuries or damages to personal property], shall be the A. 1896, p. same as the liability now fixed by law governing the operation of railroad corporations in this State for like injuries and damages, and a lien is hereby created on the gross income of any such railroad while in the hands of any such receiver, trustee, or assignee, or other persons in favor of such injured employees or plaintiff, superior to all other liens against defendant under the laws of this state. Employee could not recover on negligence of co-employee, prior to Act of 1895. 59. § 6168 (2334). Roads must be sued where action originates. A. 1892, p. All railroad companies shall be sued in the county in which the cause of action originated, by any one whose person or property has been injured by such railroad company, its officers, agents, or employees, for the purpose of recovering damages for such injuries; and also on all contracts made or to be performed in the county where suit is brought; any judgment rendered in any other county than the one in which the cause so originated shall be utterly void. But if the cause of action arises in a county where the railroad company liable to suit has no agent, then suit may be brought in the county of the residence of such company. [Whenever a railroad company incorpo- A. 1898, p. rated under the laws of this State shall have, in violation of the provisions of paragraph four (4) of Section two (2) of article four (4) of the Constitution of this State, acquired by purchase, lease or otherwise the ownership or control of the line of railroad of a competing railroad company in this state, the venue of a suit brought against said first described railroad company for the purpose of setting aside and having annulled such unlawful act of acquisition, shall be in any county through which may run the line of railroad so unlawfully acquired.] Agent resident in county where cause of action originates fixes jurisdiction Carolina & Georgia Railway v. Dietzen, 101 Ga., 731. Constitutional. Act of 1892 is. Gilbert v. Georgia Railway, 104 Ga., 412. Venue of torts to personal property. Southern Railway Co. v. Johnson, 96 Ga., 655. May be brought in Justice's Court, when. Id. 50. § 6169 (2350) [6]. Superior courts may create what corporations. -The powers conferred in this section shall extend to the amendment [and renewal] of all charters contemplated in said section A. 1897, p. [within the jurisdiction of said courts], whether the original charter 28. A. 1897, p. 28. 29. Political and civil code amendments. sought to be amended for renewed] was originally granted by the General Assembly of the State or by a superior court of this State. § 6170 (2350) [7]. [The renewal of charters by the superior courts of this State under the powers conferred by this section, shall be granted by the said superior courts in advance of the expiration of such charters, but to take effect from the date of such expiration, upon the filing in the office of said superior court of a petition signed with the corporate name of the company whose charter is sought to be renewed, stating the name of the corporation, when incorporated, the date and manner of its original incorporation, and all amendments thereto, that it desires a renewal of its charter as set out in the original act of incorporation, and the amendments thereto, together with any further amendments which may be desired in the renewal of said charter; and shall file along with said petition a certified abstract from the minutes of the corporation showing that the application for renewal and amendment had been authorized by proper corporate action, and shall in all other respects comply with the requirements of this section, so far as the same applies to the grant of incorporation for the company or association whose charter is sought to be renewed?, § 6171 (2352). To revive the charters of such corporations.-In all cases where the charter of a corporation created for library, church, charitable, school or educational purposes may have heretofore expired or may hereafter expire, such corporation may be reA. 1897, P. vived for the same purposes at any time within [ten] years after the expiration of its charter by the superior court of the county in which the former charter was granted. The application for revivor may be made by the former corporations or trustees or any of them, and the application and all proceedings thereon shall be as prescribed by law for making application and proceedings thereon in cases of similar and original charters. The corporation as revived shall stand clothed with all the powers and possessed of all the rights and be subject to all the debts, liabilities and burthens of the old corporation which is revived in it. 52. § 6172 (2393). Deposits by such associations of this State doing business out of this State.-Every building and loan association heretofore or hereafter incorporated under the laws of this State, which A. 1896, p. does business [in or] outside of this State, shall deposit and keep on deposit with the Treasurer of this State, or with a legally incorporated and duly organized trust company, to be selected by the board of directors of such association, in trust for all its members and creditors, seventy-five per cent. of the amount of all mortgages or other securities received by it in the usual course of its business. When such mortgages or other securities are deposited with the said trust company or State Depository, such company or State depository shall certify to the Treasurer of this State that the said securities have been and are deposited with it under this Act, and the same shall not be Political and civil code amendments. surrendered to or returned to the said building and loan association without the authority or sanction of the said Treasurer of this State; provided, that every such corporation heretofore or hereafter organized, whose mortgages or other securities so deposited do not amount to twenty-five thousand dollars ($25,000), shall have fifteen months after organization, as to those not yet organized, and as to those already organized, fifteen months within three months after the passage of this Act, deposit with the said State Treasurer or trust company such additional securities as with the securities so deposited shall equal in value the sum of twenty-five thousand dollars ($25,000), and every such corporation hereafter organized, within fifteen months after commencing to do business, shall deposit with the said State Treasurer or trust company, in trust as aforesaid, securities of the value of twenty-five thousand dollars ($25,000). The securities mentioned in this proviso shall consist of bonds or treasury notes of the United States, national or State bank notes, or bonds of this State or any other State of the United States, or of any solvent city, town or county of this State having legal authority to issue the same, or first mortgage on real estate, or other legal securities, aggregating in value twenty-five thousand dollars ($25,000), and such securities may be withdrawn from time to time, when mortgage securities of corresponding value shall be deposited in lieu and place thereof, as provided in this Act, or when other securities of equal character and value are substituted therefor; and it shall be the duty of the Treasurer of this State to examine the affairs of said associations from time to time, to ascertain whether said associations have deposited seventyfive per cent. of all their securities and otherwise complied with the requirements of this Act; provided, that any association which has deposited all of its securities on hand at the time this Act takes effect shall be required to make quarterly deposits only of securities taken by it in the future—that is, at the end of periods of three months thereafter. Whenever any association incorporated under the laws of this State is required by the laws of any other State, Territory or Nation to make a deposit of securities in such State, Territory or Nation as a condition of doing business therein, such association may deposit a portion of its securities with the properly authorized officer of such other State, Territory or Nation; provided, however, that the amount of securities kept on deposit in this State shall at all times equal seventy-five per cent. of the amount of the loans made and then outstanding in this State; and provided further, that the securities so deposited in this State shall not thereby be reduced below the sum of twenty-five thousand dollars ($25,000). § 6173 (2398). Whut "building and loan association" includes.The name building and loan association, as used in this Act, shall include all corporations, societies, organizations or associations doing a savings and loan or investment business on the building society plan, viz.: Loaning its funds to its members, whether issuing cer 4-Ga Code A. 1896, p. 52. A. 1896, p. 52. A. 1896, p. 52. A. 1899, p. 32. Political and civil code amendments. tificates of stock which mature at a given time fixed in advance or Definition of building and loan association. Cook v. Equitable Building and Taxation of building and loan association. Atlanta National Association v. § 6174 (2405). Not to apply to associations ceasing to do interstate business.-[Repealed]. [NOTE. The title of the act approved October 19, 1891, is amended so that the said title, thus amended, shall read as follows: "An Act to regulate the business of building and loan associations heretofore or hereafter incorporated under the laws of this State which do business [in or] outside of this state," etc.]. § 6174(a) (2723). What is a mortgage, etc.-A mortgage in this State is only security for a debt, and passes no title. It may embrace all property in possession, or to which the mortgagor has the right of possession at the time, or may cover a stock of goods, or other things in bulk, but changing in specifics, in which case the lien is lost on all articles disposed of by the mortgagor up to the time of foreclosure, and attaches to the purchases made to supply their place. [A mortgage given by a person or a corporation to a trustee or trustees, to secure an issue of bonds, shall, when it is expressly so stipulated therein, embrace and cover after-acquired property of such person or corporation."] § 6175 (2753). Mortgages on personalty, how foreclosed.-Mortgages on personal property shall be foreclosed in the following manner, to wit: Any person holding mortgage on personal property, and wishing to foreclose the same, shall, either in person or by his agent or attorney in fact or at law, go before some officer of this State who is authorized by law to administer oaths, or a Commissioner for this State residing in some other State, and make affidavit of the amount of principal and interest due on such mortgage, which affidavit shall be annexed to such mortgage, or to copy thereof verified as correct by the affidavit thereon of the owner or his agent or attorney, and when such mortgage, or sworn copy with such affidavit annexed thereto, shall be filed in the office of the clerk of the superior court of the county wherein the mortgagor resides at the date of the foreclosure, if a resident of this State, or where he resided at the date of the mortgage, if not a resident of this State, it shall be the duty of such clerk to issue an execution directed to all and singular the sheriffs or their lawful deputies, and coroners of this State, commanding the sale of the mortgaged property to satisfy the principal and interest, together with the costs of the proceedings to foreclose the said mortgage. "A mortgage in this State is only security for a debt, and passes no title. It may embrace all property in possession, or to which the mortgagor has the right of possession at the time, or may cover & Political and civil code amendments. stock of goods, or other things in bulk, but changing in specifics, in Foreclosure of mortgage on personal property. De Vaughn v. Byrom, 110 32. 33. § 6176 (2801). PAR. 2.-When work done or material furnished for the improvement of real estate is done or may be furnished upon the employment of a contractor, or some other person than the owner, then, and in that case, the lien given by this section shall attach upon the real estate improved as against such true owner [for the amount A. 1899, p. of the work done, or material furnished, unless such true owner see A. 1897, shows that such lien has been waived in writing, or produces the p. 30. sworn statement of the contractor, or other person, at whose instance the work was done or material was furnished, that the agreed price or reasonable value thereof has been paid; provided, that in no event shall the aggregate amount of liens set up hereby exceed the contract price of the improvements made.] PAR. 3. [Repealed. Acts 1897, p. 30.] PAR. 4. [Repealed. Acts 1897, p. 30.] Burden of proof, plaintiff must show existence of lien and defendant's liabil- Materialman agreeing with contractor prior to 1897 for improvement of real Materialmen as well as mechanics have a special lien on real estate for repair- Materialmen suing, not essential that contractor and owner should be joined, nor that declaration should allege notice. Wilder's Sons Company v. Walker, 98 Ga., 508. Mechanics and materialmen under construction company not acquire lien against railroad company. Sparks v. Dunbar, 102 Ga., 129. Notice of lien, when to be given. Sheehan v. South River Brick Co., 111 Ga., 447. Personal security, taking of, does not waive lien. Chicago Building Co. v. Recorded, claim of lien must be, within three months; filing claim for record Repeal or modification of Act does not effect lien which has become vested. Service of notice upon the owner's agent is not sufficient. Bullard v. Dudley Sidewalk in public street, lien in favor of contractors for laying, not allowed. § 6177 (2802). [Repealed. Acts 1897, p. 30.] Contracts made before 1897, but performance completed after, lien preserved, Action against owner and contractor sustained. Id. 98 Ga., 508. Wilder's Sons Co. v. Walker, |