19. Sec. VI. And be it further enacted, That the Ordinary of Whitfield county, be and he is hereby authorized to pay Mary J. Akins, fifty-three dollars and eighty cents, the amount due her for teaching poor children in said county, in the year 1854, which the Magistrates failed to return as provided by law. And the further sum of eighteen dollars and fifty-five cents, for Scott R. Bonham, for teaching poor children in the year 1853, Provided, there be any provision surplus on hand for either of said years.

Page 303:

Approved, March 6th, 1856.

Whereas, John B. Griffin, a teacher of poor children in Whitfield county, in the year 1854, did not render in his account for said year, within the time prescribed by law, and whereas certain poor children taught by said Griffin, were not returned as such, owing to the default of the persons appointed for that purpose, and whereas there is a fund in the hands of the Ordinary of said county, not otherwise due, and cannot be used for lack of authority,

1. Sec. I. Be it enacted, &c, That the Ordinary of the county of Whitfield be and he is hereby authorized and required to pay out of ordinary any and all funds in his hands not appropriated and due by law to other purposes, the sum of forty dollars John B Griffin, and the sum of one hundred and thirty two dollars and seventy cents out of any such money to Hamilton Goode for teaching poor children of said county not returned as required by law.

Page 316:

71. Section IV. And be it further enacted, That the Ordinary of Whitfield county, be and he is hereby authorized to pay John B. Lewis, the sum of thirty-seven dollars and fifteen cents, for teaching poor children in said county for the year 1854, whenever there is a surplus fund on hand at the end of any year, or such amount of surplus as may be on hand from year to year, until said sum be paid.

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Title IV, (No. 294)

1856

1. Section I. Be it enacted, &c, That Clisby Austin, Joshua Harlin, James A. Paxon, Francis W. McCurdy, and Peter Mason, and their successors in office, forever, be and they are hereby declared to be a body politic and corporate under the name and style of the Trustees of the Mount Vernon Methodist Camp Ground of Whitfield county, with power to make and use a common seal, contract and be contracted with, sue and be sued, and plead and be impowered and pleaded in the several Courts of law and equity in this State, also to purchase, receive by gift or otherwise hold and dispose of, for the use of said Methodist Camp Ground, any property, real or personal, and to make such by-laws for their government as shall be necessary and proper; Provided, they are not repugnant to the constitution and laws of this Stale, or of the United States. '.

2. Sec. II. And be it further enacted, That all vacancies occurring by death, or resignation, removal or otherwise, shall be filled by the remaining members of said trustees, that three of said trustees, shall be a quorum to make all by-laws, rules and regulations necessary to carry their powers into effect, not repugnant to the laws of this State, or of the United States, and that the limits of said incorporation shall extend one mile in every direction from said Camp Ground.

4. Sec. IV. And be it further enacted, That all violations of the rules, regulations and by-laws made by the trustees aforesaid, for the government of said Camp Ground, shall be punishable under the existing laws now of force for the protection of public worship.

5. Sec. V. And be it further enacted, That said trustees and their successors, or a majority of them, shall have power to fill all vacancies that may occur in their body by death, resignation or otherwise, and that the limits of said incorporation shall extend a distance of one mile in every direction from said Camp Ground.

An Act to amend the seventh section of the act incorporating the city of Dalton, in the county of Whitfield, assen'ed to on the 28 day of December, 1853, so as to give the election of Clerk and Treasurer of said city, to the qualified voters of said city, and to require the Mayor of said city to make out and publish in each of the newspapers of said city, semi-annual reports of the financial operations of said city, to provide for the election of a County Treasurer, for the county of Whitfield, by the qualified voters of said county, and for other purposes therein mentioned.

Approved, March 3d. 1856.

1. Section I. Be it enacted, &c, That from and immediately after the passage of this act, the said seventh section of the above recited act be, and the same is hereby so amended as to give the qualified voters living within the corporate limits of the city of Dalton, the election of a Clerk and a Treasurer of said city of Dalton, who shall hold their offices respectively for twelve months, and until their successors are elected and qualified.

2. Sec. II. And be it further enacted, That all free white male citizens living within the corporate limits of the city of Dalton, or who may have resided bona fide, ten days within the said corporate limits, who are qualified to vote for members of the General Assembly, shall on the second Monday in January next, and on the second Monday in January in each and every year thereafter, elect by ballot a Clerk and a Treasurer of said City Council, at the same time and in the same manner as the Mayor and Councilmen are now elected by law, said Clerk and Treasurer shall before they enter upon the duties of their respective offices, give, each bond with good and sufficient security or securities to be adjudged by the city council or a majority of them, for the faithful performance of their respective duties, and in case a vacancy shall occur by death, resignation, or otherwise, in either the office of Clerk or Treasurer of said City Council, said vacancy shall be filled as provided in the fifth section of the act to which this act is amendatory for the filling vacancies in the offices of Mayor and Councilmen.

3. Sec. III. And be it further enacted, That the Mayor of the city of Dalton be, and is hereby required to make out and publish semi-annually reports of the financial operations of said city on the first Monday in January and July in each and every year, in each of the news papers in said city, a full, complete and entire statement, showing the receipts of said city council, and the causes thereof, as well as the entire disbursements of said City Council,Dalton and the objects therefore, and upon failure of the Mayor of said city to make out, and publish said reports as aforesaid, upon presentment by the Grand Jury of the county, and conviction thereof, in the Superior Court of said county, he shall be fined in a sum not less than twenty, nor more than one hundred dollars at the discretion of the Court.

4. Sec. IV. And be it further enacted, That all free white male citizens in the county of Whitfield, who are qualified to vote for members of the General Assembly of this State, shall on the first Monday in January next, and on the first Monday in January in each every year thereafter, at the several election precincts in said county, elect by ballot a county Treasurer for said county, who shall hold his office twelve months from the time he is elected, "commissioned and qualified, and until his successor is elected, commissioned and qualified, said county Treasurer shall, before be enters upon the duties of his office, give a bond with good and sufficient security in the sum of two thousand dollars payable to the Ordinary of said county, conditioned for the faithful performance of his duties as county Treasurer of said county, and for a violation of the conditions of said bond, the injured party shall have the right to a suit on said bond, in the name of the Ordinary of said 'county in the Superior Court of said county, and upon proof being made sufficient, shall have Judgment for the amount of his damages and in case sa'd county Treasurer shall move from said county, then suit shall be brought against him in the county to which he removes.

5. Sec. V. And be it further enacted, That the Mayor and City Council of the city of Dalton, shall have power to grant license to persons to retail, and sell by retail spirituous liquors within the limits of said city, and that no person or persons shall sell by retail any spirituous liquors within the corporate limits of said city without first obtaining such license for which he or they shall pay to the city Treasurer, a sum not less than one hundred dollars therefore, which shall be appropriated by the Mayor and City Council to the use of said city of Dalton.

6. Sec. VI. And be it further enacted, That for any violation of the above and foregoing section by any person or persons within the corporate limits of said city, such person or persons so offending shall be guilty of a misdemeanor, and upon indictment and conviction therefore, in the Superior Court of Whitfield county, or they shall severally be fined or imprisoned in the common jail of said county for each violation at the discretion of the Court, the fine not to exceed the sum of one hundred dollars, nor the imprisonment to exceed sixty days.

Page 371:

(No. 313.)

An act amendatory of an act to amend an act entitled an act to incorporate the town of New Gibraltar., in DeKalb county, to appoint Commissioners same, and provide for the election of Commissioners in succession, and other regulations therein named, and to levy a tax for the improvement of said town, to change the name and extend the limits of said town, assented to December 1th, 1847, and also to incorporate the town of Tunnel Hill, in the county of Whitfield, and for other purposes.

(No. 392)

An Act to incorporate the Pine Mountain Company, also the De Soto
Mining Company of Whitfield county.

Approved, March 3d, 1856.

1. Section I. That George H. Bryan, Zachariah Ware, A. F. Johnston, E. C. Hood, Daniel Zachry, S. W. Bartly, John McGee and their associates, who may hereafter become stockholders in said company, and their successors and assigns, shall be and they are hereby created and constituted a body politic and corporate, by the name and style of the Pine mountain 5lining Company of Georgia, and by that name shall be and they are hereby made able and capable in law to have, hold, purchase, receive, work, smelt, enjoy and retain to them and their successors, lands, rents, tenements, mines of minerals and metals, goods, chattels and effects, of whatsoever kind they may be, and the same to work, smelt, sell, lease, grant, demise, alien, or dispose of, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in courts of record, and also to have and use a common seal, and the same to break, alter or renew at pleasure.

2. Sec. II. And be it further enacted, That the persons incorporated under this act may proceed to organize their company by electing five directors, one of whom shall be appointed President, who shall be charged with the management of the affairs and business of the company, and whose powers and duties, and terms of service shall be prescribed in the by-laws of said company.

3. Sec. III. And be it further enacted, That the Directors of this company (any three of whom shall form a quorum) shall have power to ordain, establish, and put in execution such by-laws, rules and regulations as may be necessary and convenient for the government of said company, not inconsistent, with the laws of this State or of the United States, and shall have further power to appoint all such officers, agents, and clerks as shall be necessary for executing the business of the corporation, within and out of the State, and shall also be capable of exercising such powers and authority for the well governing and ordering of the affairs of this company, as shall to them appear conducive to its interest.

4. Sec. IV. And be it further enacted, That the Capital of said Corporation shall be fifty thousand dollars, and may be increased by said company to one hundred thousand.

5. Sec. V. And be it further enacted. That W. L. High, C. W. Keith, L. W. Earnest, B. E. Wells, R. H. Holt, T. B. Thompson, W. K. Moore, and their associates be and they are hereby created a body corporate and politic, for mining purposes, by the name and style of the De Soto Mining company with a capital stock of one hundred thousand dollars, with the privilege of increasing it to two hundred thousand, which company for judicial purposes shall be located in the county of Whitfield, in which county it shall be suable, and shall be entitled to all the rights and privileges, and subject to all the restrictions and limitations that are granted to, and imposed upon the corporation herein before mentioned.

6. Sec. VI. And be it further enacted, That this charter shall remain of force for the term of twenty-five years from the date of its passage.

(No. 430)

Approved March 6th, 1856.

1. Section I. Be it enacted, &c, That from and after the passage of this act, the Judge of the Superior Court of the county of Whitfield is hereby authorized and required to draw a panel of Grand, and a panel of Petit Jurors for each week of Whitfield Superior Court, so long as the same shall continue for the space of two weeks.

2. Sec. II. (Repeals conflicting laws.

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