concurring specially. I felt it my duty to dissent in the case of Toombs v. Citizens Bank of Waynesboro, 169 Ga. 115 (149 S. E. 645), for the reason that as to a bank chartered before the passage of the banking act the effect would be retroactive. I am still of the same opinion. However, under the facts in this record I am of the opinion that the plaintiff in error waived the retroactive feature, and for that reason I concur in the judgment of affirmance.