SUPPLEMENT TO THE CODE.

PRELIMINARY PROVISIONS.

§1. (1.) Laws of general operation in force in this State. The laws of general operation in this State are,

1st. As the supreme law: the Constitution of the United States, the Const. of 1877, laws of the United States in pursuance thereof, and all treaties made 22708-710. under the authority of the United States.

2d. As next in authority thereto: the Constitution of this State.

3d. In subordination to the foregoing: all laws now of force in this State not inconsistent with the Constitution thereof, and the ordinances. of the Convention of 1877, which shall remain of force until modified or repealed by the General Assembly.

$2. (3.) Statutes-when knowledge of presumed. Three days shall be Acts 1876, p. 28. allowed from the date of publication, for every hundred miles distance from the Capital, before a knowledge of the law shall be presumed against the inhabitants.

CHAPTER I.

DIVISIONS OF THE STATE, ETC.

§3. New county created. Oconee.

Acts 1875, page 109.

§4. Public lands ceded to United States. Certain lands, for building lighthouses, etc., relinquished by the State to the United States.

Acts 1874, page 93.

COWETA CIRCUIT.

$5. Name changed. The name of the judicial circuit known as the Acts 1874, p. 43Tallapoosa Circuit is hereby changed to the Coweta Judicial Circuit.

CHAPTER II.

OFFICERS OF THE STATE.

ARTICLE I. COMPTROLLER GENERAL.

§6. Agricultural Returns-Consolidation of. All laws now in force requiring the Comptroller General to consolidate and take care of Agricultural returns, and publishing the same in his annual report, or otherwise, are hereby repealed.

This Act repealed section 114 of the Code, etc.

Acts 1875, P. 5.

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ARTICLE II.

TREASURER OF THE STATE.

Const. 1877. 22600-601.

Acts 1876, p. 126, 2822-595

151.

Code, 2289-97.

27. Election and Term of Office. There shall be a Treasurer of the State, who shall be elected at the same time and in the same manner with the Governor. He shall hold his office for two years, and until his successor is elected and qualified. The first election shall take place on the first Wednesday in October, 1880. His salary shall be $2,000.00 per an

num.

28. Treasurer's oath and bond. Before entering on the duties of his office, the State Treasurer shall take an oath before the Governor, or one of the Judges of the Supreme or Superior Courts of this State, to support the Constitution of the United States, and the Constitution of the State of Georgia, and faithfully to execute the duties of his office, which oath shall be in writing, and subscribed to by the State Treasurer, and filed and recorded in the Executive Office. The State Treasurer shall also give bond to the State of Georgia, with security or securities, approved by the Governor, in the sum of two hundred thousand dollars, conditioned as follows:

1. That he will faithfully discharge, execute and perform all and singular the duties of him required, and which may be required by the Constitution and laws.

2. That he will faithfully account for and pay over all moneys that may be received by him, from time to time, by virtue of his office.

3. That he will safely deliver to his successor all books, moneys, vouchers, accounts and effects whatsover belonging to his said office.

49 Securities on bond. Each security on the bond of the Treasurer shall make oath that he is "bona fide" worth, over and above his debts, exemptions and liabilities of all Acts 1876, p. 127. kind, property in realty and personalty, not less than some specified sum, to be stated in said oath, which oath shall be attached to said bond, and recorded therewith. He may, by express stipulation in writing, limit his liability to a specific sum, to be stated in said bond; and all the property of the Treasurer, to the full amount of said bond, and the property of the securities to the amount for which they may be severally bound, shall be liable for the faithful performance by the Treasurer of the duties of his office, as set forth herein, from the date of the execution of said bond; and a lien is hereby created in favor of the State upon the property of the Treasurer to the amount of said bond, and upon the property of the securities upon his said bond to the amount for which they may be severally liable, from

the date of the execution thereof.

10. Governor's approval of bond. The Governor shall not approve any bond of the Treasurer unless the sums so sworn to, as above set forth, and the specific sums in which Acts 1876, p. 127. the security or securities have limited their liability, shall, in the aggregate, at least, equal two hundred thousand dollars, the amount of the penalty thereof, and he shall be satisfied of the responsibility of each security.

11. Record of bond. The bond of the Treasurer, when duly executed and approved, shall be recorded in the Secretary of the State's office, and filed in the Executive office, and Acts 1876, p. 127. a copy thereof, certified by one of the Governor's Secretaries, under the seal of the Executive Department, or a certified copy taken from the records of the Secretary of State's office, shall be received in evidence, in lieu of the original, in any of the Courts of this State.

12. Insufficiency of security. It shall be the duty of the Governor at all times, when in his opinion the security or securities of any Treasurer have or are likely to become inActs 1876, p. 127. valid or insufficient, to demand and require such Treasurer forthwith to renew his bond to 171. 2598. the State of Georgia, in the penalty and according to the form prescribed in this Article, and in case of neglect or refusal by any Treasurer to give bond, with security or securities as aforesaid, within ten days after the same shall be demanded and required by the Governor, such neglect or refusal shall be a disqualification under the law, and shall create a vacancy in said office of Treasurer; and the Governor is hereby required to proceed forthwith to appoint a fit and proper person to fill the vacancy occasioned thereby, until the next ses sion of the General Assembly thereafter, and such appointee shall give like bond and security, and in the same manner, and upon the same terms as prescribed for the Treasurer in this article.

Acts 1876, p. 127. 2528.

13. Suspension of Treasurer. Upon representation made to the Governor by any person under oath, or where the Governor has received reliable information from any source, that the Treasurer is insane, or manifestly insolvent, or that he has absconded or concealed himself, or is guilty of conduct which is to the hazard of the public treasury, it shall be his duty to call a council to be composed of the Attorney General, Secretary of State, and Comptroller General, and if they or a majority of them, after an examination into the truth of such representation, shall find the same to be true, the Governor shall suspend the Treas urer from office until the next session of the General Assembly thereafter, and issue proclamation thereof, and he shall submit to said body his action in the premises and the reasons therefor. In the event of a suspension of the Treasurer under the provisions of this section, the Governor shall appoint some fit and proper person to discharge the duties of said office during the period of such suspension, who shall take an oath and give bond and security

upon like terms and in the same manner as provided in this article for the Treasurer elected by the people.

214. The Governor to exercise general superintendency over. The Governor may exer

cise a general superintendence over the office of State Treasurer, not inconsistent with the Acts 1876, p. 128. provisions prescribed for it by law, and may, at any time, appoint some competent person 22598-679. to examine into the state of such office, for any period of time he may designate, and report

its condition to him; and shall have power to require in writing of such Treasurer, to with

draw the public funds from any place of deposit deemed unsafe by him.

15. Treasurer resigning or removing. If the Treasurer resign or is removed, he must

within ten days thereafter, state his accounts to the Comptroller General, and deliver the Acts 1876, p. 128. books, papers and money of the treasury to his successor, taking his receipt therefor; and

the Comptroller General must record a statement of such settlement and receipt in his office, and report the same forthwith to the Governor.

216. Treasurer in default or absenting himself. If the Treasurer fail to comply withthe provisions of the preceding section, or if he dies, absconds, or absents himself with

out sufficient cause for as long as twenty days, the Comptroller, after giving ten days' notice Acts 1876, p. 128. by publication in some public gazette at the seat of government, must proceed, and in the presence of any person who may appear in behalf of the late State Treasurer, or if none appear, in the presence of the Attorney-General, to state his account, and deliver the books, papers, money, and all other appurtenances of his office to his successor, taking his receipt therefor, and record and file such statement and receipt in his office, and report forthwith to the Governor. (Shall keep his office in the Capitol, and shall furnish copies of records.*)

217. Office-where kept. He shall be provided with suitable apartments in the State Capitol, furnished at the State's expense. He shall reside at the Capital, and keep his office open daily, Sundays and holidays excepted; and he shall furnish to all applicants, Acts 1876, p. 128. upon the payment of the prescribed fees, copies of all records and public documents within 601-606. his office. He shall receive no perquisites for any official act, but the fees prescribed shall be collected by him and paid into the State Treasurer. He is authorized to employ a suitable person as clerk to assist him in the duties of his office, and to remove him at his pleasure; and such clerk shall receive a salary of sixteen hundred dollars per annum.

18. Duties of Treasurer. It is the duty of the State Treasurer,

I. To receive and keep safely all the money which shall be paid to him in behalf of the State, (giving certificates therefor, which certificates shall specially set forth the amount, on Acts 1876, p. 129. what account, and by whom paid, and shall be lodged as vouchers in the Comptroller's office,) and to pay out the same only upon the warrants of the Governor, when countersigned by the Comptroller-General, excepting the draft of the President of the Senate, and Speaker of the House of Representatives, for sums due to the members and officers of their respective bodies.

2. It shall be the duty of the Treasurer to keep a durable book, wherein he shall enter, each day, in charge against himself, all and every sum of money received by him, stating from whom and on what account received, and, per contra, crediting himself with any and all sums disbursed by him in any manner, stating to whom paid, when paid, and on what account or purpose paid; and for all disbursements, whatsoever, he shall take receipts or other vouchers therefor. He shall also keep a true and faithful record in a book, of all warrants drawn by the Governor on the Treasury, stating the number of the warrant, the amount, the date and the payee of the same, and to what fund the same is chargeable, and he shall carefully keep on file said warrants.

3. The Treasurer shall keep a general ledger of accounts, into which he shall post all the receipts and disbursements of his office, arranging the receipts and disbursements under the heads to which they properly belong. He shall open, in said ledger, an account with each appropriation made by the General Assembly, and with each salaried officer of the State, in which he shall credit the object for which the appropriation is made, with the amount ap propriated to the object, and shall charge such appropriation, with the payments made by him, upon the same. He shall open in said ledger a general account of receipts and disbursements; which last mentioned account he shall compare with the books kept by the Comptroller in his office, on the last day of each quarter of the fiscal year; and, after having compared them, shall strike the balance on said account, showing the amount at that time in the Treasury to the credit of the State, and he shall carry said balance forward on the book to the general account for the next quarter.

4. The Treasurer shall keep accounts in the books of his office with the different banks in which the public revenue or money is deposited, on which balances shall be struck at the aforesaid periods, showing the amount in bank to the credit or debit of the State; but the deposits of the public revenue or money shall be made only in such bank or banks as the Treasurer may select, with the approval of the Governor, and the written approval of the Governor designating the depository or depositories of the public funds, shall be entered of record in the Executive office. The bank or banks where public deposits are made by the Treasurer, or by any other person by the direction of the Treasurer, shall transmit to

*So printed in the laws. It was evidently intended for the heading of the following section

the Comptroller General and Treasurer monthly statements of the deposits, checks and drafts received and paid by them on account of the Treasury.

5. The Treasurer shall also keep a general cash account, which shall be balanced at the Acts 1876, p. 129. expiration of each quarter of the fiscal year, showing the balance in the Treasury at the end

267).

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of each quarter.

6. The Treasurer shall also keep check books, within which there shall be suitable margins. The checks shall be numbered by numbers in the margins corresponding with the numbers upon the checks; and he shall note in the margin the date and amount of the check, the appropriation to which it shall be charged, and the person to whom it shall be issued; and he shall balance his accounts with all banks or other depositories holding State deposits as often as once in each month.

7. Preceding each annual session he must submit to the Governor detailed estimates of the probable receipts and expenditures for the next fiscal year, stating the source of income and the probable amounts to be received therefrom; also, the objects of appropriation, and the probable necessities of the Treasury.

8. He shall pay all funds pledged to the payment of the public debt, or interest thereon, or to any object of education, and to these objects only, and in no wise to any other purpose. All payments from the Treasury shall be paid from the fund appropriated for such purpose, and not from any other,

9. At the end of every quarter of the year, he shall make a written report, under oath, to the Governor, of the several amounts received by him during the three months preceding such report; and he shall also submit to the Governor itemized monthly reports of the condition and transactions of the Treasury, and the information contained in such monthly reports may be given to the public from time to time, at the discretion of the Governor.

10. He shall keep safely the scrip for bank stock, the State bonds, and other evidences of the educational fund, and manage and control the same for the purposes to which they are pledged. He may, with the approval of the Governor, deposit all funds set apart for the purpose of education, or any other purpose not required for immediate use, in any chartered bank of this State, subject to his draft as Treasurer, and, with the Governor, make such contract with said bank for the use of such funds as may be beneficial to the State. If, at any time, when the Legislature is not in session, the Governor be of opinion that the safety of the public funds requires it, he shall by his order in writing, direct to the Treasurer to transfer the money held by any depository or depositories, on account of the Treasury, to any other safe and proper depository or depositories, as the Treasurer may select, with the approval of the Governor, which approval shall be in writing, and shall designate the depository or depositories thus selected, and the Treasurer shall thereupon transfer the same as directed; but all such orders shall be duly recor led in the Executive office, and, as soon as possible thereafter, be submitted to the Legislature, with the reasons therefor.

II. The Treasurer shall not, under any circumstances, use himself, or allow others to use, the funds of the State in his hands; and for every violation of this section he is liable to the State for the sum of five hundred dollars, as a penalty, or a forfeiture of his salary, if said forfeiture will pay the penalty incurred.

12. He is authorized to pay all officers of the State, whose salaries are fixed by law, seventy-five per cent. of the amount for which service has been actually rendered at the date of said payment, taking receipts for the same, which shall be his vouchers and exhibits to Executive warrants for said salary; and may also pay members of the General Assembly in the same way, where their accounts are duly audited, unless prevented by the resolution of either or both branches of the General Assembly.

13. He shall annually report to the Governor the amount of the State debt bearing interest for each year, distinguishing between the sterling bonds, if any, and federal; the rate per cent paid on each kind of bonds, the amount of each rate paid; also the exchange if any; premiums on gold, if any; and the aggregate amount of interest paid in each year, and the probable amount due and unpaid at each semi-annual payment, and the reasons for such non-payment, as far as can be ascertained by him.

14. When he pays the interest or principal of the State debt, upon a warrant issued in his favor, he shall stamp or mark, in a plain and indelible manner, the coupons or bonds on which the payments are made, "paid," and deposit the same in the vault of the treasury, to be preserved in the Treasurer's office, with the same care as the funds of the State, subject to the order of the General Assembly.

15. He shall not pay any appropriation due and not called for within six months after the expiration of the fiscal year for which it is appropriated, but it reverts to the general fund in the Treasury.

16. All annual reports required to be made to the Governor by the Treasurer shall be made on or before the 31st day of December, and shall be filed in his office, and by him laid before the General Assembly, in connection with his first annual message thereafter.

19. State bonds-Registry and payment. The Treasurer shall keep a book in which shall be registered the bonded obligations of the State under appropriate headings, stating Acts 1876, p. 132. the Act by which the same is authorized, the amount of bonds issued thereunder, the rate 2155. per cent. per annum of the interest thereon, the denomination of said bends, and the sig natures thereto; an said registration by numbers shall follow such captions, with suitable

spaces opposite to and pertaining to said particular numbers of each bond, wherein shall be recorded, in ink, the payment of each coupon on or after its maturity, by writing in ink the full word" paid," and said book of registration of bonds shall have suitable and appropriate columns, wherein shall be recorded the numbers of said bonds, the date of nego tiation or issue of each bond, the name of the person to whom sold or issued, the date of the payment of each bond, and the name of the person to whom said bond was paid, con. forming in the foregoing particulars to the "standard bond book "submitted to the General Assembly at the session of 1876, by the Joint Finance Committee thereof.

20. Failing to perform duties-fi. fa. instanter. If the Treasurer fails to perform the duties of his office, misapplies or uses the funds of the State, fails to account for and pay over any moneys that he may have received by virtue of his office, whereby he becomes Acts 1876, p. 132. liable to the State, it shall not be necessary to sue his official bond, but the Governor is hereby authorized to issue a fi. fa. instanter against the Treasurer and his securities for the amount due the State by the Treasurer, with the penalties and costs, said fi. fa, to be directed to all and singular the Sheriffs of said State, and shall be executed by them; and the Treasurer and his securities shall have only those defenses now allowed Tax Collectors against fi. fas, issued by the Comptroller-General against them.

ARTICLE III.

STATE GEOLOGIST.

221. The Act creating this office, passed 27th February, 1874, provides that the Governor shall make the appointment to the same, to be confirmed by the Senate. The incumbent holds until removed by the appointing power for inefficiency, incompetency or mis- Acts 1874, P.99. conduct, or until the office is abolished by the Legislature. He must keep his office at the seat of Government. A Board of Advisement is also created, consisting of the Governor as president, the Secretary of State, Comptroller-General, Treasurer, Attorney General, and State School Commissioner. The Geologist is allowed three assistants, to be appointed or removed by the Board of Advisement on his recommendation. (Acts 1875, p. 31.) It is his duty, with his assistants, to make a complete geological, mineralogical and physical survey of the whole State, mapping it out into three sections, North, Middle and South Georgia, and analyzing, locating and defining whatever may be discovered in Georgia of scientific or economical value. He is required to make annual reports to the Governor of all information developed in the progress of his work. Ten thousand dollars per year for five years is appropriated to carry on the work.

The Act of 1875, (pamphlet p. 31) provides where and how the work shall begin, etc., and repeals the section of the previous Act allowing a salary to the Geologist and his assistants.

CHAPTER III.

OFFICIAL BONDS.

P.

$22. (154.) Within what time official bonds must be filed. The of Acts 1875, p. 19, ficial bonds of public officers required by law to be filed in the office of the Comptroller, Secretary of State, or Executive Department, must be filed therein within forty days after the election or appointment of such officer; when in the office of the Clerk of the Superior Court or Ordinary, within thirty days therefrom; in all other cases within twenty days therefrom.

The proviso to the old section is repealed and the section stands as above given.