or one Justice of the Inferior Court and one Justice of the Peace of said county, not being themselves candidates, shall preside; and if it shall so happen that such election shall not take place on the day herein appointed, one Justice of the Inferior Court, or one Justice of the Peace of said county may afterwards, by giving ten days' public notice, hold the same; and in case of the death, removal or resignation of any of said commissioners, the remaining commissioners shall immediately order an election to fill such vacancy, and shall give ten days' notice of the same.

SECTION 3. And be it further enacted, That it shall not be lawful for any of said commissioners so elected to enter on the duties of his office, until he shall have taken and subscribed the following oath or affirmation before some officer authorized to administer oaths: I, A. B., do solemnly swear or affirm (as the case may be) that I will well and truly discharge the duties of a commissioner of the town of Oglethorpe, and adopt such measures as may in my judgment be best calculated to promote the general good of the citizens of said town.

SECTION 4. And be it further enacted, That said commissioners, or a majority of them, shall, at their first meeting after their election, elect from their own body a President, and shall be known as the President and Commissioners of the Town of Oglethorpe, and by such their corporate name shall sue and be sued, and shall have a common seal, and shall have full power and authority to pass all by-laws and ordinances, and to enforce the same, that they may deem best calculated to promote the general good of the citizens of said town: Provided, That no by-law or ordinance shall be contrary to the Constitution or laws of this State or of the United States.

SECTION 5. And be it further enacted, That said commissioners shall, at their first meeting after their election, proceed to elect a Clerk and Marshal, and such other officers as they may deem necessary to carry this act into execution, and such officers shall give bond and security for the faithful discharge of the duties of their offices in such sum as said commissioners, or a majority of them, may direct.

SECTION 6. And be it further enacted, That said commissioners shall have power to levy a capitation tax of three dollars on each person subject to road duty, which shall be in lieu of such duty; and no tax levied by said commissioners, on real and personal property in said town, shall exceed fifty per cent. over the State tax; and the lots owned by the Southwestern Railroad Company in said town, and used as a depot, and for the erection of work-shops, shall be exempt

from taxation.

SECTION 7. And be it further enacted, That the plat of said town shall be recorded in the office of the Clerk of the Superior Court of the county of Macon, within three

months from the time of the sale of the lots in said town, a copy of which certified by the Clerk of said Court shall in all cases be received in evidence in the Courts of this State in the same manner as the original plat would be. Approved, December 14, 1849.

AN ACT to incorporate the village of Springfield in the county of Effingham, and to appoint Commissioners for the

same.

SECTION 1. Be it enacted by the Senate und House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passing of this act, George R. Wright, William W. Wilson, Henry S. Hawley, James Rahn, and Christian E. Troutland, and their successors in office, be and they are hereby appointed commissioners for said village of Springfield, with full power to make such by-laws, rules and regulations as may be necessary for the improvement and internal police of said town: Provided, Such by-laws, rules and regulations shall not be repugnant to the Constitution and laws of this State.

SECTION 2. And be it further enacted, That the commissioners above mentioned shall continue in office until the first Monday in April eighteen hundred and fifty, at which time, and on the first Monday in April in every year thereafter, the inhabitants of said village, who are entitled to vote for members of the Legislature, shall convene in said village, and by ballot elect five commissioners, who shall continue in office one year, and be eligible to re-election.

SECTION 3. And be it further enacted, That such election shall be held under such rules and regulations as are now prescribed by the laws of this State for the election of members of the General Assembly.

SECTION 4. And be it further enacted, That should any vacancy occur in said Board of Commissioners, the remaining Commissioners shall have full power to fill such vacancy in such manner as may be prescribed by their bylaws.

Approved February 21, 1850.

AN ACT to repeal an act entitled an act to extend the corporate limits of the town of Talbotton in Talbot county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met,

and it is hereby enacted by the authority of the same, That
the above recited act be and it is hereby repealed.
Approved, January 26, 1850.

AN ACT to authorize the citizens of the town of Marietta to elect their Marshal.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That on the first Monday in April next, and on the first Monday in each year thereafter, the citizens of said town be authorized to elect their Marshal, and that all citizens entitled to vote for members of the State Legislature be entitled to vote for said Marshal.

SECTION 2. And be it further enacted, That before entering upon his duties he shall give a bond with two or more good and sufficient securities in the sum of one thousand dollars for the faithful performance of his duties as Marshal.

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 14, 1850.

er

AN ACT to repeal the act incorporating the town of Springville in the county of Cobb, passed December 29th, 1838, and to fix the amount of auctioneer's bonds when appointed by the City Council of Augusta.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia, in General Assembly_met, and it is hereby enacted by the authority of the same, That the act incorporating the town of Springville in the county of Cobb, passed December 29th, 1838, be and the same is hereby repealed.

SECTION 2. And be it further enacted, That the amount of the bonds required by the City Council of Augusta, of auctioneers appointed by them, shall be five thousand dollars, for which good and sufficient securities shall be taken by them.

SECTION 3. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed.

Approved, February 5, 1850.

AN ACT to amend an act entitled an act to incorporate the town of Albany in Baker county, and for other purposes therein named, assented to 10th December, 1841.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That so much of the second section of said act as directs the election of Mayor and Aldermen to be held at the Academy in said city, be altered so as to insert after the words "shall assemble," the words, at any place within the corporate limits of said city.

SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 21, 1850.

AN ACT in addition to and amendatory of an act entitled an act to amend an act to incorporate the town of Marthasville in the county of DeKalb, passed on the twentythird day of December, eighteen hundred and forty-three, and also to enlarge the boundary of said town, and to incorporate the same under the name of the city of Atlanta, and to change the name of the town of Rome, to that of the city of Rome, to provide for the election of Mayor and Councilmen, and other officers of said cities, and to confer upon them specific powers, and for other purposes therein mentioned, approved the 29th December, 1847. SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, that it shall be the duty of the Receiver of Tax Returns of the city of Atlanta, to furnish the Mayor and City Council of the city of Atlanta, with a list of the names of the persons liable to pay tax within the limits of the incorporation, together with all the taxable property within the limits of said incorporation, which has not been given in according to the laws of said city in each and every year.

SECTION 2. Be it further enacted by the authority aforesaid, That the Mayor and City Council of said city shall have power and authority to appoint three persons who shall be freeholders and residents of said city, assessors, whose duty it shall be to assess the tax on all persons and property subject to taxation within said city, which has not been given to the Receiver, as the laws of said city require, and return the amount so assessed by them, together with the names of the

owners of the property, within thirty days after they shall receive said list, and the said Tax Collector shall issue executions against said defaulters for double the amount so assessed and returned to him, which executions shall be collected in the same manner, and under the same rules and regulations that now govern the collection of the State tax, and the Tax Collector for the city of Atlanta, shall have the same fees for issuing, and the same commissions for collecting, that the Tax Collector for the county of DeKalb now has by law.

SECTION 3. And be it further enacted by the authority aforesaid, That the Mayor and City Council of the city of Atlanta, shall have power and authority to fine, not exceeding twentyfive dollars, or imprison, not exceeding twenty-four hours, any person or persons who shall be guilty of hooting, hallooing, or making any other unnecessary or unusual noise within the limits of the incorporation, to the disturbance of the citizens thereof, and who does not desist when required so to do by the Marshal or any citizen of said city.

SECTION 4. And be it further enacted by the authority aforesaid, That the Mayor and City Council of the city of Atlanta shall have power and authority to levy tax in each and every year, on all the real estate and stock in trade within the corporate limits of said city, liable to taxation by the laws of the State, of not more than one per cent on the value thereof, for the purpose of making within or beyond the limits of said incorporation, such improvements as may be necessary to promote the interest of said city, and for the purpose of enabling the said corporation to take, own and hold stock in any plank road or roads, or other improvements connected with said city, which tax shall be levied and collected in the same manner as is provided for collecting the tax in said city by the foregoing parts of this act, or in such manner as the Mayor and City Council may provide by the laws to be made by them for that purpose, provided such by-laws shall not be repugnant to the Constitution and laws of this State. Approved, February 23, 1850.

AN ACT to extend and define the corporate limits of the town of Madison in Morgan county, and to prescribe the manner of levying taxes upon such property as may be embraced in said extension.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the corporate limits

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