COUNTY SEAT OF FAYETTE COUNTY
[missing title
[Georgia Legislative Documents
[Georgia Department of Archives and History
Presented in the Digital Library of Georgia
ACTS
OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT
MILLEDGEVILLE, AT AN ANNUAL SESSION; IN NOVEMBER AND DECEMBER,
1823.
[missing title
1823 Vol.
1 -- Page: 178
Sequential Number: 137
Type: AN ACT
Full Title: To make permanent
the site of the public buildings in the county of Fayette at Fayetteville, and
to incorporate the same.
Be it enacted by the Senate and
House of [Illegible Text [Illegible Text [Illegible Text State of Georgia,
in General Assembly met, and [Illegible Text hereby enacted
by the authority of the same, That from and
after the [Illegible Text of this [Illegible Text , the
site of the public buildings in the county of Fayette be
permanently at Fayetteville.
Page:
179
SEC. 2. And be it further enacted, That Jordan Gay, [Illegible
Text L. Smith, William Harkins, John
Hamilton and Tandy D. King be and they are hereby appointed
commissioners for the said town of
Fayetteville until the election of commissioners agreeable
to this act.
SEC. 3. And be it further enacted, That on the first Saturday
in January next, and on the first Saturday in
January in every year thereafter, all the free white male
citizens of the said town who shall have given in
their taxable property and who shall be entitled to vote
for members to the General Assembly, shall
assemble at the court-house in said town, and by ballot
elect five commissioners who shall continue in
office one year and until their successors are elected,
at which election any two magistrates of said county
shall preside, and in case of the death, removal or resignation
of any of said commissioners the remaining
commissioners shall have power to fill the vacancy to
continue until the next election; the commissioners
and all others appointed by virtue of this act, shall
be re-eligible.
SEC. 4. And be it further enacted, That the commissioners
of said town and their successors shall have full
power and authority to pass such bye-laws and regulations
as they may deem necessary for enforcing and
collecting all poll and other taxes upon the taxable property
in said town: Provided, any poll tax shall not
exceed one dollar on each person.
SEC. 5. And be it further enacted,
That the said commissioners shall have power and authority to appoint
such officers as they may deem necessary, for the purpose
of enforcing and collecting such taxes, and the
purpose of discharging such other duties as may be requisite.
SEC. 6. And be it further enacted,
That the commissioners shall have power and authority to make any bye-
laws and regulations they may deem necessary, requiring
the citizens of said town to return on oath to the
officer to be appointed as aforesaid, the amount of taxable
property and stock in trade by him or them
possessed in said town, and in case of refusal, to cause
the tax to be assessed and collected in such manner
as they may prescribe.
Page:
180
SEC. 7. And be it further enacted, That the said commissioners
shall have full power and authority to
impose a tax on all shows, exhibitions and showmen, performing
in said town for the purpose of gain, and
also upon all gaming tables, and games of hazard as may
be established, opened or played in said town for
the purpose of gain, and to collect and receive the same
[in such manner as they may prescribe by the bye-
laws of said town: Provided, The bye-laws of said town
do not exceed the tax imposed upon shows and
showmen shall not exceed five dollars for each day's exhibition
or performance; that the tax to be imposed
on gaming tables, and games of hazard shall not exceed
ten dollars for each day that the same shall be
established, opened or played in said town: Provided,
That nothing herein contained shall be [Illegible
Text to authorise the keeping of any such table or tables,
or practising any such game not authorised by the
laws of this state within the corporation limits of said
town.
SEC. 8. And be it further enacted by the authority aforesaid,
That in case any person or persons who are
liable for the same, shall refuse to pay any tax to be
imposed by any bye-laws or regulation of said town in
pursuance of the authority of this act, then and in that
case the commissioners of said town, or a majority of
them, shall and they are hereby authorised to issue their
warrant directed to any officer, to be by them
appointed, requiring him to levy and sell of the goods
and chattels of the person or persons so refusing, to
make the amount of tax so imposed, and said officer shall
receive such fees as are allowed by law to
justices of the peace and constables in similar cases:
Provided, That all sales to be made by virtue of such
warrant, shall be advertised at least ten days at the
court-house door in said town.
SEC. 9. And be it further enacted
by the authority aforesaid, That the commissioners of said town have
power and authority to pass and ordain any bye-laws and
regulations necessary, to cause to be established
and enforced a strict patrol either by day or by night
within the limits of said town, and in case of neglect or
refusal in any citizen of said town to comply with the
bye-laws and regulations to be by the said
commissioners ordained and established
Page:
181
upon this subject, that
the said commissioners, or a majority of them may proceed to fine such citizens
and
collect such fine
as is herein before prescribed for the collection of taxes: Provided, That the fines
to be
imposed in virtue
of the power derived under this act, shall not exceed five dollars for each case
of neglect
or refusal.
SEC. 10. And be it further enacted,
by the authority aforesaid, That the commissioners of said town shall
have power and authority to pass and ordain any bye-laws
and regulations necessary to cause to be
established and enforced a strict patrol either by day
or by night, within the limits of said town, and in case
of neglect or refusal in any citizen of said town to comply
with the bye-laws and regulations to be by the
said commissioners ordained and established, upon this
subject, that the said commissioners, or a majority
of them may proceed to fine such citizen, and collect
such fine as is herein before prescribed for collection
of taxes: Provided, That the fines to be imposed in virtue
of the power derived under this act, shall not
exceed five dollars for each case of neglect or refusal.
SEC. 11. And be it further enacted
by the authority aforesaid, That said commissioners shall have power
and authority to pass all bye-laws and regulations necessary
to compel the citizens of said town and other
persons resident therein, and liable by the laws of the
state to work on the public roads, and to labor on the
public spring, streets, and square of said town, and in
such manner and at such times as may be prescribed
for the improvement repair and preservation thereof, and
in case of refusal or neglect in any citizen or other
person so liable as aforesaid, the said commissioners,
or a majority of them may proceed to impose a fine
upon such citizens or other persons, (or in [case of
slaves upon the owner or employer of such slave or
slaves,) and to collect such fine in the manner prescribed
in this act: Provided, Any such fine to be imposed
in virtue of this section shall not exceed two dollars
for each case of neglect or refusal.
SEC. 12. And be it further enacted,
by the authority aforesaid, That the said commissioners do, and they are
hereby authorised to appropriate all taxes and fines imposed,
assessed and collected, in virtue of any bye-
laws or
Page: 182
regulations adopted in pursuance of the authority given
in this act, to the [Illegible Text and improvement
of the public spring, square and streets of said town,
and to the preservation of the houses of [Illegible Text
town from fire, in such manner as they or a majority of
them, shall deem most conducive to the interest and
safety of the citizens.
SEC. 13. And be it further enacted,
by the authority aforesaid, That the commissioners of said town, or a
[Illegible Text of them, shall have power to appoint
a town Marshal, for the purpose of carrying into
execution any bye-laws and regulations ordained and established
by them.
SEC. 14. And be it further enacted, by the authority aforesaid,
That the said commissioners shall have
power to remove, or cause to be removed, any building,
post or step, or other obstructions and nuisances in
the public streets or squares of said town.
SEC. 15. And be it further enacted,
by the authority aforesaid, That it shall be [Illegible Text for the said
commissioners to impose a tax upon all persons retailing
liquors in the public square or streets of said
town: Provided, Such tax shall not exceed five dollars
for each year such person shall retail liquors as
aforesaid, in less quantities than five gallons.
SEC. 16. And be it further enacted,
by the authority aforesaid, That the commissioners of said town shall
have full power and authority to pass such bye-laws and
regulations as they may deem necessary for the
preservation of the health of the citizens of said town,
the security of the public buildings from [Illegible
Text and other accidents, and for creating and repairing
fences and railings in the said town.
SEC. 17. And be it further enacted,
by the authority aforesaid, That the said town shall comprehend within
its limits, all [Illegible Text [Illegible Text upon
or residing within the boundaries of the lot of land upon
which the public buildings of the county are situated:
that no person shall be elected a commissioner or an
officer of said town who shall not reside within those
limits.
SEC. 18. And be it further enacted, by the authority aforesaid,
That no bye-law or regulation, to be made by
Page:
183
said commissioners or
their successors, shall be contrary to the [Illegible Text and laws of this state,
nor
shall any penalty
to be imposed by the bye-laws and [Illegible Text of said town extend to life,
limb, or
corporeal
punishment of any white person, and that in all cases a majority of said com-commissioners
and
their successors,
shall be competent to the transaction of business.
DAVID ADAMS,
Speaker of the House of Representatives.
THOMAS STOCKS,
President of the Senate.
G. M. TROUP, Governor.
Approval Date: Assented to, Dec.
20, 1823.
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