ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1895.
Part V.--Resolutions. Vol. 1, Page: 454
Sequential Number: 267
Short Title: RELIEF OF WILLIS FIELDS. Law Number: No. 6.
Full Title:
A Resolution for the relief of Willis Fields, of Henry county.
Whereas,
Willis Fields, of Henry county, on the 27th day of March, 1895, became surety on
the bond of J. W. Griffin, of Henry county, to answer the charge of selling
liquors in Henry county court; and Whereas, At the May term, 1895, of Henry
county court, said bond was forfeited and scire facias issued thereon, which was
served on the surety; and Whereas, The July term, 1895, final judgement was
entered on said bond against the said surety, Willis Fields, for the sum of one
hundred dollars, the penal sum named in said bond; and
Whereas, After the
giving of said bond, the said J. W. Griffin fled, and was not present in court
at the May term, 1895, and the said Willis Fields, for this reason, was unable
to produce him in court at said time; and
Page: 455
Whereas, Since
final judgment on said bond the surety, Willis Fields, has, at considerable
trouble and expense to himself, delivered the said J. W. Griffin up to the
sheriff of Henry county; Resolved by the General Assembly of the State of
Georgia, That the said surety, Willis Fields, be, and he is, hereby released
from all liability on said bond, and the judgment entered on the forfeiture of
the same upon the payment of costs, if any be due.
Approval Date:
Approved December 9, 1895
Source: Georgia Legislative Documents, Georgia
Department of Archives and History, presented in the Digital Library of Georgia
Act for Relief of Edward STANFIELD, 1855
ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN
MILLEDGEVILLE, AT A BI-ENNIAL SESSION, IN NOVEMBER, DECEMBER, JANUARY, FEBRUARY
& MARCH, 1855-'56. COMPILED, AND NOTES ADDED, By JOHN W. DUNCAN. 1855 Vol. 1,
Page: 525
Sequential Number: 508 Law Number: No. 505.
Full
Title: An Act for the relief of Edward Stanfield of Henry county.
18.
Sec. I, Be it enacted &c., That from and after the passage of this act, Edward
Stanfield of the county of Henry, an infirm man, be allowed to peddle in the
counties of Henry and Fayette, without paying any fee therefor.
Approval
Date: APPROVED, March 1st, 1856.
Source: Georgia Legislative Documents,
Georgia Department of Archives and History, presented in the Digital Library of
Georgia
State of Georgia Legislature to Wright Grooms
Acts of the General Assembly of the State of Georgia. Passed in Milledgeville
at an annual session in October, November, and December, 1830. Resolutions which
originated in the Senate. Sequential Number: 175
In Senate. The
committee on the Judiciary, to whom was referred the communication of the
Governor, on the subject of certain lots of land drawn in the lottery authorised
by the acts of eighteen hundred and eighteen and eighteen hundred and
twenty-one, and which have been relinquished to the State, Report:
That
the exclusive right to the following lots is in the State by voluntary release,
executed by the persons drawing them, to wit: Lot No. 242 in the 7th
district of Henry county.
That lot No. 244 in the 7th district of Henry county, was relinquished to the
State by Wright Grooms, the fortunate drawer, and afterwards, on the 31st May,
eighteen hundred and twenty-five, a grant was issued for the land.
That
lot No. 108, in the 15th district of Houston county, was relinquished by Green
Wamack, and afterwards on the 26th November, eighteen hundred and twenty-five, a
grant was issued for the same land.
The committee believe that the
voluntary relinquishment or release by the persons drawing those lots, conveyed
full and absolute rights in the land so released.
In relation to the two
lots which were granted subsequent to the relinquishment, your committee are of
opinion that such grants were issued inadvertently, and are void -- The right of
a government to vacate its grants that issue through ignorance, mistake or upon
fraudulent representation, is undisputed. In these cases, the fortunate drawers,
after their relinquishment ceased to be entitled under the act, to the land in
question, and grants issued under the circumstances, must be subject to the
objection that the Executive was imposed on, or was mistaken in the issuing of
grants.
The fact of the relinquishment authorises the belief that the
lands were so worthless, as to induce the dereliction for the sole purpose of
exhonerating the drawers from the payment of taxes. Under this opinion, your
committee, notwithstanding
Page: 236
their conviction of the right
of the State, believing that the lands are not of sufficient value to justify
legislative interference, and the expenses of a sale, deem it inexpedient to
adopt any measures for the vacating of the grants herein alluded to, and for the
disposition of the lots, and pray to be discharged from the further
consideration of the matter submitted,
Read and agreed to, Dec. 7, 1830.
Thomas Stocks, President. Attest, John A. Cuthbert, Secretary. In the
House of Representatives, Read and concurred in, Dec. 22, 1830. Asbury
Hull, Speaker. Attest, W. C. Dawson, Clerk. Approval Date: [missing data]
Georgia Legislative Documents, Georgia Department of Archives and History,
presented in the Digital Library of Georgia, 1830. Vol. 1, Page: 235
State of Georgia Legislature to Elisha Hayman
Acts of the General Assembly of the State of Georgia, passed at
Milledgeville, at an annual session in November and December, 1822. [missing
title] Relief Laws. 1822 Vol. 1 -- Page: 69 Sequential Number: 059
Type: AN ACT
Full Title: To vest in Elisha Hayman the right and
title to Lot number three hundred and eighty-nine, in the sixteenth district of
Henry County, and to relinquish to the State all right and title which the said
Hayman may have to Lot number one hundred and three, in said district.
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 absolute right and title to the said lot number three hundred and
eighty-nine, in the sixteenth district of Henry county, be and the same is
hereby vested in the said Elisha Hayman, on condition that the said Hayman does
relinquish to the state all right, title, and interest that he may have, or has
had, to lot number one hundred and three, in said district.
Sec. 2. And
be it further enacted by the authority aforesaid, That lot number one hundred
and three be and the same is hereby declared to be in the state and subject to
be disposed of by this or any succeeding legislature.
Allen Daniel,
Speaker of the House of Representatives. Matthew Talbot, President of the
Senate. John Clark, Governor.
Approval Date: Assented to December 23,
1822. [Georgia Legislative Documents], [Georgia Department of Archives and
History], presented in the Digital Library of Georgia
Town of Hampton
[Title - See Below], [Georgia Legislative Documents],
[Georgia Department of Archives and History], presented in the Digital
Library of Georgia
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE
STATE OF GEORGIA, PASSED AT ITS SESSION IN JULY AND AUGUST, 1872.
1872
Vol. 1 -- Page: 206
Sequential Number: 142 Law Number: (No. 142 -- O.
No. 169.)
Full Title: An act to incorporate the town of Bear Creek, in
the county of Henry, under the name of the town of Hampton; to appoint a board
of commissioners for the same, and for other purposes.
Section 1. Be it
enacted by the General Assembly of the State of Georgia, That the inhabitants of
Bear Creek, in the county of Henry, and those who now reside, or may hereafter
reside, within one mile, in every direction, from the present depot of the Macon
& Western Railroad, in said town, be, and they are hereby, made and constituted
a body corporate, under the name and style of the town of Hampton, the name of
Bear Creek being hereby changed to that of Hampton; and the said inhabitants,
who are entitled to vote for members of the General Assembly of the State of
Georgia, shall meet at some place, within the corporate limits of said town, on
the last Saturday in January next, (1373) and on the last Saturday in January in
each year thereafter, and elect from the citizens of said town a board of five
commissioners, one of whom shall be specially voted for as president of said
board, who shall serve twelve months, or until their successors are elected and
Page: 207 qualified. The said board of commissioners shall be vested with
the municipal government of said town of Hampton, and under that name and style
may have a common seal, hold, have, purchase, possess and retain, to them and
their successors, for the use of the said town of Hampton, real and personal
estate, and may sue and be sued in any court of law and equity in this State.
Before entering upon their duties, said commissioners shall take an oath to
discharge faithfully the duties of their office.
Sec. 2. Be it further
enacted, That the election of said board of commissioners shall be held by a
Justice of the Peace and two freeholders, or by three freeholders; and in case
of the death or resignation of any one or more of said commissioners, an
election may be held by the commissioners, fixing the time and giving ten days'
notice. The board of commissioners shall elect a marshal and treasurer from the
citizens of said town, and a clerk from their own body.
Sec. 3. Be it
further enacted, That said board of commissioners shall have full power and
authority to make all laws, rules and regulations for the government of said
town, not inconsistent with the Constitution and laws of this State; to impose
and collect fines, not less than one, nor more than thirty dollars, and imprison
for not less than one day, nor longer than ten days, for any one violation of
said laws, rules and regulations.
Sec. 4. Be it further enacted, That
said board of commissioners shall have power to tax all shows and exhibitions in
said town, performing for purposes of gain, and levy a fine of not less than
five, nor more than fifty dollar, upon all persons who may set up and establish
ten-pin and other ballalleys and billiard tables in said town, and shall have
power to regulate the sale, by retail, of spirituous liquors within said
corporate limits; may assess the amount for license, and shall have full power
to enforce such ordinances upon this question as they may ordain and publish,
and may prohibit the sale altogether: Provided, No rule or ordinance shall be
contrary to the Constitution and laws of this State.
Sec. 5. Be it
further enacted, That all moneys arising from taxes, licenses, fines and
forfeitures, under the provisions of this act, or any rules, laws or ordinances
passed in conformity therewith, shall go into the treasury of said corporation,
and be disposed of as the said board of commissioners may direct, for the
exclusive benefit of said town.
Sec. 6. Be it further enacted, That said
board of commissioners shall fix the pay of the president, marshal, clerk and
treasurer, as they may think proper and right, and the said president shall have
the power to dismiss from office, upon the recommendation of a majority of said
board of commissioners, said marshal and treasurer, for failure or neglect to
perform the duties of their offices, and in case the president
Page: 208
shall, at any time, dismiss either one, or both of said officers, the board
shall, at their next regular meeting, elect others in their stead.
Sec.
7. Be it further enacted, That a majority of said board of commissioners shall
constitute a quorum for the transaction of business, and, at all meetings, the
president shall preside, and, in the absence of the president, a president pro
tem. may be appointed.
Sec. 8. Be it further enacted, That the
president, or, in his absence, any member of the board of commissioners, shall
have power to try and punish offenders of the laws or ordinances of said town,
and, whenever any member shall act in the place of the president, he shall
receive the same pay, for the time being, as would have been received by said
officer if he had been present; and the president shall, moreover, be clothed
with the authority of acting Justice of the Peace, so far as to authorize him,
within the corporate limits of said town, to bind over all persons charged with
violating the laws of this State, to answer for such imputed offense to the
court having jurisdiction thereof, and to act as conservator of the peace.
Sec. 9. Be it further enacted, That said board of commissioners shall hold
their meetings at such times and place as they may deem fit and proper, and they
shall, moreover, be clothed with full power and authority to suppress all
nuisances in said town.
Sec. 10. Be it further enacted, That the
following named gentlemen are hereby constituted and appointed a board of
commissioners for said town of Hampton, to hold and serve until the regular
election herein provided for, to take place on the last Saturday in January
next, (1873) or until their successors are elected and qualified, viz: W. H.
Peebles, S. H. Griffin, R. A. Henderson, Levi Turnipseed and J. M. Williams, and
said board shall meet as early as practicable after the passage of this act, and
elect, by ballot, one from their own number, who shall be the president of said
board, and said board shall have all the rights, power and authority herein
granted to the boards to be regularly elected.
Sec. 11. Repeals
conflicting laws.
Approval Date: Approved August 23, 1872.
[Title - See Below], [Georgia Legislative Documents], [Georgia
Department of Archives and History], presented in the Digital Library of
Georgia
Full Title: An Act to amend an
Act entitled an Act to incorporate the Town of Bear Creek. in the county of
Henry, under the name of the Town of Hampton, to appoint a Board of
Commissioners for the same, and for other purposes.
63. Section I. The
General Assembly of the State of Georgia do enact, as follows: That from and
after the passage of this Act, the above named Act be so amended as to strike
out the words "within one mile" in the fourth line of the first section of the
same and insert in lieu thereof the words "within one half mile."
Sec.
II. Repeals conflicting laws.
Approval Date: Approved February 21st,
1873.
[Title - See Below], [Georgia Legislative Documents],
[Georgia Department of Archives and History], presented in the Digital
Library of Georgia
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE
State of Georgia, 1890-'91. Part VI.--Local Laws. TITLE I. MUNICIPAL
CORPORATIONS.
1890 Vol. 2 -- Page: 710
Sequential Number: 240
Short Title: REINCORPORATING TOWN OF HAMPTON. Law Number: No. 328.
Full Title: An Act to amend, revise and consolidate an Act entitled "an Act
to incorporate the town of Bear Creek, in the county of Henry, under the name of
the town of Hampton, to appoint a Board of Commissioners for the same, and for
other purposes, approved August 23, 1872, and the several Acts amendatory
thereof; to provide for a mayor and councilmen and define their powers and
duties; to change and fix the corporate limits; to establish and fix police
regulations therein; to provide a manner of raising revenue therefor; to provide
a manner of opening new streets and improving and working the roads, streets and
sidewalks therein; to authorize the levy and collection of taxes on he property
therein, and all business or callings, to provide for a marshal, his assistants,
a clerk, treasurer and assessor, and define their powers and duties; to provide
for enforcing processes and sentences of mayor and council, and for other
purposes."
Be it enacted by the General Assembly of the State of Georgia,
and it is hereby enacted by authority of the same, That from and after the
passage of this Act, an Act entitled "an Act to incorporate the town of Bear
Creek, in the county of Henry, under the name of the town of Hampton; to appoint
a Board of Commissioners for the same, and for other purposes," approved August
23, 1872, and the several Acts amendatory thereof, be, and the same are, hereby
amended, revised and consolidated, so that the charter of said town of Hampton
shall be and read as follows:
SECTION I. Be it further enacted by the
authority aforesaid, That the corporate limits of the town of Hampton, in the
county of Henry, shall extend and embrace one-half mile in every direction from
the center of the railroad crossing, near the old depot of the Macon and Western
Railroad, in said town.
SEC. II. Be it further enacted by the authority
aforesaid, That the municipal government of said town of Hampton shall be vested
in a mayor and six councilmen (to be first appointed herein and afterwards
elected as hereinafter prescribed), who are hereby constituted a body corporate
under the name and style of mayor and council of the town of Hampton, and by
that name and style shall have perpetual succession, and shall in said name be
capable to sue and be sued, plead and be impleaded
Page: 711 in
any court of law or equity in this State; shall have power to purchase, lease,
hold, receive, enjoy, possess and retain to themselves and their successors for
the use and benefit of said town, any estate or estates, real or personal, of
whatever kind or name, within the limits of said town, and to sell, alien,
exchange, lease or convey the same or any part thereof, and to make all
contracts and do all other acts relating to their corporate capacity, consistent
with the Constitution and laws of said State.
SEC. III. Be it further
enacted by the authority aforesaid, That J. W. Stephens be, and he is, hereby
appointed mayor, and that J. W. Derick, William Pool, L. C. Dorsett, J. B.
Thurman, W. C. Edwards and J. L. Moore be, and are, hereby appointed councilmen
in and for said town of Hampton, to qualify and enter upon the duties of their
respective offices immediately upon the passage of this Act, and to continue in
office until their successors are duly elected and qualified. And said persons
so appointed mayor and councilmen are hereby vested with and authorized to
exercise all of the powers conferred by this Act, and all of its provisions are
hereby made applicable to them the same as if they held their respective offices
by election, and the same as if they had been elected and qualified as aforesaid
in this charter. And until ordinances and by-laws shall be adopted, in
conformity with this charter, by said mayor and council, or their successors in
office, those now in force, not inconsistent herewith, shall remain of force.
For purposes of taxation on property for the year 1891, said mayor and council
are authorized, and may adopt if they see fit, the valuation placed on property
by parties in making returns to the receiver of tax returns of the county,
without appointing assessors for said year 1891.
SEC. IV. Be if further
enacted by the authority aforesaid, That on the first Monday of June next, and
annually thereafter on the same day, there shall be an election for mayor and
six councilmen of said town of Hampton, at which election all male citizens of
said town who shall have resided within the corporate limits of said town thirty
days before the day of the election, and who may be entitled to vote for members
of the General Assembly of this State, and who shall have worked upon the
streets of said town the number of days they have been required to during the
year in which such election may be held, or paid commutation tax in lieu
thereof, according to the laws and ordinances of said town, and all town tax
due, shall be entitled to vote at such election, and all persons entitled to
Page: 712 vote at such election and eligible to office according to
the Constitution and laws of this State, shall be eligible to hold any office of
said town. At any such election any Justice of the Peace and two freeholders, or
in the absence of a Justice, any three freeholders in said town, and who are not
candidates, may act as managers, and shall conduct such election as nearly as
practicable in accordance with the election laws of this State. Such managers
shall give certificates of election to the persons receiving the highest number
of votes for their respective offices, which certificate shall be recorded on
the minutes of council and shall be held to be the highest evidence of the
election of such officer. Any person who shall vote more than once at such
election, or contrary to the provisions of this section, shall be guilty of a
misdemeanor, as provided by law for illegal voting.
SEC. V. Be it
further enacted by the authority aforesaid, That in the event of a vacancy in
the office of mayor or councilmen, from any cause, the remaining councilmen
shall order an election to fill such vacancy, for the unexpired term, and notice
of such election shall be advertised in two or more public places in said town,
or in a newspaper published therein, at least ten days before such election,
which election shall be conducted as provided for in section 4 of this Act.
SEC. VI. Be it further enacted by the authority aforesaid, That before
entering upon the duties of the aforesaid offices, the persons elected thereto,
as well as those herein appointed in section 3 in this Act, shall take and
subscribe the following oath: "I, -- , do solemnly swear that I will, to the
best of my ability, discharge the duties of -- for the town of Hampton, during
my continuance in office, so help me God." Any person authorized by law to
administer oaths, or the acting mayor of said town may administer said oath. The
mayor and councilmen and other officers provided for in this Act, except as
herein provided in section 3 of this Act, shall hold their offices for one year
from the first Monday in July succeeding their election, and until their
successors are elected and qualified; provided, nevertheless, that the officers
elected by said mayor and councilmen shall be liable to removal by a majority
vote of the council (composed of mayor and councilmen) for neglect of duty or
malfeasance in office.
SEC. VII. Be it further enacted, by the authority
aforesaid, That said mayor and council shall have power to open and improve new
streets, upon payment for the land appropriated for the same according to the
mode prescribed by law for opening
Page: 713 out new roads under the
road laws of this State, and repair those already open; to provide such public
buildings as may be necessary and for the benefit of said town; to pass
ordinances regulating the management of market houses, private and public
transportations through the town, bar-rooms and saloons licensed by them (if
there should be any), public wells, springs and pumps; to abate nuisances,
public or private, suppress all disorderly conduct, disorderly houses and houses
of ill-fame within said corporate limits; to prevent loud and boisterous
conversation, quarrelling, profanity and obscene language upon the streets or
other public places in the town; to prevent the keeping of spirituous or malt
liquors for unlawful sale; to disperse disorderly assemblies; to prevent
intoxication or drunkenness in said town; to prevent street-walking by females
of bad character; to regulate the speed of trains passing through the town; to
prescribe the signals to be given by trains and locomotives passing through,
arriving at or departing from the town, and to suppress all other whistling or
blowing on locomotives by persons connected with such engines or locomotives; to
keep open and unobstructed all railroad crossings in the corporate limits of
said town; to provide for paupers living in, and to prevent paupers from being
imposed on, the town. Said mayor and council shall have power to enact
appropriate ordinances for the accomplishment of all of the purposes
hereinbefore enumerated, and for the punishment of offenders in relation to any
of the matters aforesaid, and all ordinances they may deem necessary for
preserving the peace, health or good order, and good government of the town and
to enforce all ordinances by them adopted not inconsistent with the laws of
their State, and to punish any person or persons who shall violate any such
ordinances, by fine not to exceed fifty dollars, or imprisonment not to exceed
twenty days, or work upon the streets or other works of said town not to exceed
twenty days -- any one or all of these punishments in the discretion of the
council.
SEC. VIII. Be it further enacted by the authority aforesaid,
That the mayor, the mayor pro tem. or any four members of council shall have
power to try and determine any and all cases arising under such ordinances as
may be enacted by said mayor and council in accordance with the provisions of
their charter and the laws of the State, except when it shall be otherwise
provided in any particular ordinance; and it shall be the duty of the marshal
and his assistants, whenever it shall come to the knowledge of any or either of
them that any such
Page: 714 ordinances have been violated, to
arrest the person or persons whom they have reason to believe guilty of such
violation, and, as soon as convenient after such arrest, to bring such person or
persons before the mayor, and in his absence the mayor pro tem., and in the
absence of both before any four members of council, who, when hearing the
evidence concerning such violation, shall determine whether or not the person or
persons so brought before him or them be guilty of such violation, and if found
guilty, the mayor or mayor pro tem. or any four members of council, as the case
may be, shall judge what punishment shall be inflicted upon such guilty person
or persons, and the marshal or his assistants shall execute such judgment. If it
be not convenient for the marshal or his assistants to bring any person or
persons by him or them arrested immediately before the mayor or mayor pro tem.
or four members of council, he or they may temporarily imprison such person or
persons so arrested until he or they can conveniently bring such person or
persons so arrested before the mayor or mayor pro tem. or four members of
council; provided, such temporary confinement shall not exceed twenty-four
hours; and in the event that any such person or persons shall be dissatisfied
with the judgment of the mayor, or in his absence of the mayor pro tem., he or
they shall have the right of appeal to the council at their next regular
meeting, upon giving bond and security for their appearance before said council
to abide by the final decision of said council; and the said council, after
hearing all the evidence submitted, shall have power to affirm or reverse the
decision of the mayor or mayor pro tem., and the said mayor or mayor pro tem.,
or four members of council, shall have power to punish for contempt, and require
the attendance of witnesses under the same rules and regulations as obtain in
the justice's courts of this State.
SEC. IX. Be it further enacted by
the authority aforesaid, That for the transaction of all business, except as is
otherwise provided in this Act, the mayor and three members of council shall
constitute a quorum, and the vote of four members of council, or of three
members of council with the concurrence of the mayor, shall decide any question
which may come before the council.
SEC. X. Be it further enacted by the
authority aforesaid, That the mayor and council of said town shall have
authority and power to call out, or provide for calling out, each and every male
person subject to road duty under the laws of this State who reside within the
corporate limits of said town, who
Page: 715 shall be compelled to
work on the streets and sidewalks of said town for the number of days in each
year as are now fixed by the road laws of this State; and when any person,
subject to such street or road duty, shall have been duly notified according to
the road laws of this State to work on said streets by the marshal, or other
persons or officers on whom the by-laws of said town may devolve this duty, and
after such notification shall in any way make default by failing to appear at
the time and place specified in said notification, or by failing to work, as
required by the present road laws of this State, or in any other manner shall
make default in relation thereto, such party shall be notified to appear before
the mayor and council to show cause why he should not be fined for such default,
and at the time appointed the mayor and council shall try the said defaulter,
and, if found guilty of such default, they may impose a fine on such defaulter
for such default to the same extent that the Road Commissioners of this State
may fine defaulters under the present road laws of this State; which fine or
fines, if not paid immediately or within such time as the mayor and council may
fix, such defaulter may be, by the order of the mayor and council, imprisoned in
the calaboose of said town, or on the streets and public works of the town, for
a period not exceeding two days for each dollar of the fine imposed. Said mayor
and council shall have power to fix, by ordinance, a commutation tax or sum of
money, which, when paid by the person liable to work on the streets, shall
exempt such person from any other road or street duty for the year for which it
is paid; but no person shall have the right to relieve himself from the penalty
of default, as aforesaid, by paying or offering to pay such commutation tax
without the consent of the mayor and council.
SEC. XI. Be it further
enacted by the authority aforesaid, That the mayor and council shall elect
annually, at the first regular meeting of council in July, a mayor pro tem.,
whose duty it shall be to act as mayor in all cases in the absence of the mayor,
and a clerk and a treasurer, and shall also at the same time, or as soon
thereafter as practicable, select and appoint three assessors who shall be
freeholders of said town, and a marshal; and all of said officers shall hold
their offices under the rules and regulations of the council of said town. And
said mayor and council may also appoint a special policeman or policemen to
serve as an assistant or assistants to the marshal when in their judgment such
appointment is necessary, to be discharged when the emergency has passed, and to
be
Page: 716 compensated as the mayor and council shall determine, and
while such appointees are on duty they shall have the same authority in
preserving order and be charged with the same duties as the marshal.
SEC. XII. Be it further enacted by the authority aforesaid, That the salaries of
all of the officers of council shall be fixed at the first regular meeting in
April each year previous to the election of mayor and councilmen, on the first
Monday in June, and shall not be changeable during the term of the succeeding
council, and the salaries or pay of the marshal and the assessors shall be fixed
at same time, or as soon thereafter as practicable.
SEC. XIII. Be it
further enacted by the authority aforesaid, That the mayor and council of said
town of Hampton shall have power to levy and collect an ad valorem tax not to
exceed one per cent. upon all the taxable property within the corporate limits
of the town made taxable by the laws of this State. The valuation of property
subject to taxation shall be assessed by three assessors, whose selection and
appointment is hereinbefore provided for; and the said assessors shall have the
power to adopt as their appraisement the valuation placed on property by parties
making returns to the receiver of tax returns of the county, or require the
tax-payers to make returns to them, under oath, of all his taxable property.
Should a difference arise between the assessors and any tax-payer concerning the
value of property given in, the assessor shall have the power to assess the same
at their valuation, but any tax-payer who may be dissatisfied with the
assessment of his or her property shall have the right of appeal to the council
under such rules and regulations as they may prescribe.
SEC. XIV. Be it
further enacted by the authority aforesaid, That if any person shall fail or
refuse to pay the tax imposed by this Act or the ordinances enacted in
accordance therewith, either ad valorem or special, the clerk of said town shall
issue an execution which shall be signed by him and bear test in the name of the
mayor. Said execution shall bind all the property which said defaulting
tax-payer owned in said town on the day that his property is bound for State and
county taxes in the year in which it is returned for taxation. Such execution
shall be directed to and enforced by the marshal of said town, and said marshal
shall levy said execution upon the property of the person against whom it shall
issue, and seize said property and advertise and sell the same at the time and
place and in the manner now provided by law for sheriff's sales for State and
county taxes; and, after having sold said property, said marshal
Page:
717 shall make titles to the purchaser and place him in possession in as full
and complete a manner as the Sheriffs of this State may do. For each fi. fa. so
issued the clerk shall be entitled to fifty cents cost, and the marshal shall
receive the same fees as by law constables of this State are entitled to for
levies, and the same commission for selling as are received by the Sheriffs of
this State.
SEC. XV. Be it further enacted by the authority aforesaid,
That said mayor and council shall have power and authority, in addition to the
ad valorem tax hereinbefore provided for, to levy and collect a tax upon
factors, brokers and vendors of lottery tickets, upon agents or managers of gift
enterprises, and upon all other persons exercising, within said town, any
profession, trade or calling or business of any nature whatever. They shall also
have power to levy and collect a tax upon all billiard tables, pool tables,
ten-pin alleys or nine-pin alleys, and all tables or alleys of any other kind
used for the purpose of playing with balls or pins, or both, within said town,
and upon all contrivances of whatever kind used for the purpose of gaming or
carrying on a game of chance by selling cards, tickets or numbers, or turning a
deal or wheel, or by pitching rings at sticks or knives, or by pointing out
cards, pictures or photographs, or by using any other artifice or contrivance
whatever. They shall also have power to levy and collect a tax, in such sum as
they may see proper, upon all circuses, sleight of hand performances, tricks of
legerdemain, theatrical exhibitions and other shows which may exhibit in said
town, such taxes to be for each exhibition. Any and all of the taxes provided
for in this section, if not voluntarily paid, may be collected by execution,
levy and sale, as provided for the collection of taxes in section 14 of this
Act.
SEC. XVI. Be it further enacted by the authority aforesaid, That
said mayor and council shall have power and authority to establish police rules
and regulations; to license, regulate and control all businesses, callings or
performances, permanent or temporary, carried on or attempted to be carried on
in said town; and to pass all such laws and ordinances, not in conflict with
this charter and the laws of this State, as they may deem necessary to carry out
the purposes of this charter, and to provide therein for such license fees and
taxes, and such fines and penalties as they may deem proper; provided,
nevertheless, that the fines and penalties prescribed in such ordinances shall
not exceed the punishments named in section 7 of this Act.
SEC. XVII. Be
it further enacted by the authority aforesaid, That the said mayor and council
shall have power and authority
Page: 718 to enforce the collection of
all fines and forfeitures, and all other debts or demands that may become due
and owing to said town of Hampton, or its corporate authorities, by execution,
levy and sale, in the same manner as is provided for the collection of taxes in
section 14 of this Act.
SEC. XVIII. Be it further enacted by the
authority aforesaid, That the clerk shall perform and discharge all clerical
duties assigned him by the council, and all duties imposed upon him by this Act.
The treasurer shall receive all moneys due the city from any and all sources,
and pay the same out upon the orders drawn by the council, said orders being
countersigned by the mayor, or in his absence by the mayor pro tem. The said
treasurer shall keep a book which shall at all times be subject to inspection by
the council, or any person holding an order upon him, which book shall show what
amount of money remains in his hands and from what sources received, and what
moneys have been by him disbursed, and upon what account, and shall preserve all
orders by him paid off as vouchers for disbursements, and he shall do and
perform all other duties relative to the finances of the town that may be
assigned him by the ordinances of the council.
SEC. XIX. Be it further
enacted by the authority aforesaid, That the marshal and special policemen
shall, in addition to the duties hereinbefore imposed upon the marshal, perform
such other duties in the sphere of their duties, as may be assigned them by the
council, in consonance with the provisions of this charter, and ordinances of
council, not inconsistent herewith.
SEC. XX. Be it further enacted by
the authority aforesaid, That the treasurer and the marshal shall each give a
bond, with two or more good securities, to be approved by the council, the
treasurer in the sum of five hundred dollars, and the marshal in the sum of five
hundred dollars, made payable to the mayor and council of the town of Hampton,
and their successors in office, and conditioned for the faithful performance of
his duties; and each shall take an oath that he will, to the best of his skill
and ability, perform the duties of his office. Such bond must be given and oath
taken by each of said officers before he enters upon the duties of his office,
and the principal and sureties thereon may be sued on such bond for any default
in reference to the finances of the town made by the officer giving said bond,
as soon as said default shall be ascertained, and recovery can be had and
enforced as upon other judgments rendered by the courts of this State; and any
Page: 719 officer who shall fail to pay over any funds in his hands
belonging to the town, according to law and the ordinances of council, shall be
guilty of a misdemeanor, and, on conviction, shall be punished as prescribed in
section 4310 of the new Code of Georgia.
SEC. XXI. Be it further
enacted by the authority aforesaid, That the marshal shall not retain in his
hands any funds by him collected for said town for more than one week, but said
marshal shall pay over to the treasurer any and all money collected by him for
the town within one week from the date of the collection, and, upon failure to
do so, shall be subject to removal at the discretion of the council; and the
said marshal, the clerk and the treasurer, upon failure to comply with any duty
assigned them by this charter, or the ordinances consistent therewith, may be
removed from office by the council, and they shall also be subject to removal
for any misconduct or malfeasance in office, and there shall be no appeal from
the decision of council upon any question of removal.
SEC. XXII. Be
it further enacted by the authority aforesaid, That when any fi. fa. shall
issue, as provided in this charter, and shall be levied, and the property levied
on shall be claimed by a third person, such claimant may interpose his claim
thereto; and if the fi. fa. be for taxes, such claim shall be interposed in the
manner now provided by law for claims under tax fi. fa. for State and county
tax, and if the fi. fa. be for fines or forfeitures, or any other demand due the
town, such claim shall be interposed under the ordinary claim laws of this
State. In either case the claim shall be returned to and heard in Henry county
Superior Court.
SEC. XXIII. Be it further enacted by the authority
aforesaid, That any ordinance or by-law that may be passed or adopted by the
said mayor and council in conformity to this charter shall be of force and take
effect from and after the same shall have been published in two public places in
said town for five days, or after one insertion in a newspaper published in said
town.
SEC. XXIV. Be it further enacted by the authority aforesaid, That
all laws and parts of laws in conflict with this Act be, and the same are,
hereby repealed. Approval Date: Approved August 26, 1891.
Town of Locust Grove
[Title - See Below], [Georgia Legislative Documents],
[Georgia Department of Archives and History], presented in the Digital
Library of Georgia
ACTS AND RESOLUTIONS OF THE GENERAL
ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT THE REGULAR JANUARY SESSION, 1875.
PART II.--LOCAL AND PRIVATE LAWS. MISCELLANEOUS LAWS. CHAPTER I.
ACADEMIES AND SCHOOLS. CHAPTER II. ARTILLERY COMPANY. CHAPTER III.
CHAPTER IV. LAWS RELATING TO SALE OF SPIRITUOUS LIQUORS.
Full Title: An Act to prohibit the sale of spirituous
liquors within three miles of Indian Creek church, Bersheba church, and the
Methodist church, all of which churches are situated at or near Locust Grove, in
Henry county, Georgia, also, the same shall apply to Shiloh Camp Ground, in the
county of Carroll.
SECTION I. Be it enacted by the General Assembly of
the State of Georgia, That from and after the passage of this Act, it shall be
unlawful to sell, barter, or in any way dispose of, for a valuable
consideration, any spirituous liquors within three miles of the above mentioned
churches and camp ground, and any person violating the provisions of this Act,
shall be guilty of a misdemeanor, and on conviction, shall be fined in a sum not
exceeding five hundred dollars, or imprisonment in the common jails of Henry and
Carroll counties, not exceeding sixty days, or both, at the discretion of the
court, for each offense.
SEC. II. Repeals conflicting laws.
Approval Date: Approved March 2, 1875.
[Title - See Below],
[Georgia Legislative Documents], [Georgia Department of Archives and
History], presented in the Digital Library of Georgia
ACTS AND
RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1893. Part
III.--Local Laws. TITLE I. MUNICIPAL CORPORATIONS.
1893 Vol. 1 --
Page: 233
Sequential Number: 155
Short Title: LOCUST GROVE, TOWN
OF, INCORPORATED. Law Number: No. 378.
Full Title: An Act to
incorporate the town of Locust Grove, in the county of Henry, and to provide for
the election of a Mayor and Council for said town, and to define their powers
and duties, and for other purposes.
SECTION I. Be it enacted by the
General Assembly of the State of Georgia, and it is hereby enacted by authority
of the same, That the town of Locust Grove, in Henry county, be, and the same
is, hereby incorporated under the name and style of "the town of Locust Grove"
by which name it shall sue or be sued, plead or be impleaded, etc.
SEC.
II. Be it further enacted, That the corporate limits of said town shall extend
one-fourth of a mile in every direction from the present depot of the East
Tennessee, Virginia and Georgia Railway Company in said town.
SEC. III.
Be it further enacted, That the government of said town shall be vested in a
Mayor and five Councilmen to be elected as hereinafter provided.
SEC.
IV. Be it further enacted, That M. P. Sowell be, and he is, hereby appointed
Mayor of said town, and G. P. Combs, C. M. Mahone, J. L. Gardner, R. C. Brown
and W. H. H. Peek be, and they are, hereby appointed Councilmen of said town, to
hold their offices until the election and qualification of their successors in
office. Said Mayor and Council and their successors in office are hereby created
a body corporate with perpetual succession. They may have and use a common seal,
may purchase, take, hold and possess for the use and benefit of said town, real
and personal property, and make all such contracts as they may deem necessary
for the welfare of said town.
Page: 234
SEC. V. Be it further
enacted, That on the first Saturday in January, 1895, and annually thereafter on
the same day, an election shall be held in said town for the election of a Mayor
and five Councilmen, at which election all male citizens of said town, who shall
have resided therein for thirty days, and who are qualified to vote for members
of the General Assembly of this State, shall be entitled to vote. Said elections
shall be held under the same rules and regulations as govern elections for
members of the General Assembly in this State. The managers of said elections
shall give certificates of election to the persons receiving the highest number
of votes, which certificates shall be recorded on the minutes of the Council and
shall be held the highest evidence of the election of said officers.
SEC. VI. Be it further enacted, That before entering upon their duties, the
Mayor and Councilmen shall take and subscribe the following oath: "I do solemnly
swear that I will, to the best of my ability, discharge the duties of Mayor, or
Councilman, as the case may be, of the town of Locust Grove, during my
continuance in office, so help me God." Any officer authorized by law to
administer oaths may administer said oath. The Mayor and Councilmen provided for
in this Act shall hold their office for one year, and until their successors are
elected and qualified, and in case a vacancy should occur in either the office
of Mayor or Councilmen, the Council shall elect a successor who shall hold the
balance of the unexpired term.
SEC. VII. Be it further enacted, That
said Mayor and Council shall have power to lay out streets and open new streets,
lanes and alleys, and change the same from time to time, whenever necessary for
the good of said town, and may condemn and appropriate for such use all such
real estate as may be necessary for said purpose, upon paying to the owner
thereof reasonable compensation therefor, which shall be agreed on by the Mayor
and Council and such owner; and in case of disagreement as to price, the Mayor
and Council shall select one appraiser, the owner of the real estate shall
select another and the two shall select a third, which said appraisers shall
assess the value of said real estate and the sum so assessed shall be paid by
said Mayor and Council; but either party dissatisfied with the judgment of said
appraisers may within ten days from the rendition of the same enter an appeal to
the Superior Court of said county, when the damages shall be assessed by a jury.
SEC. VIII. Be it further enacted, That said Mayor and Council shall have
power to provide such public buildings as may be necessary for the benefit of
said town, and to pass ordinances regulating the management of market [Illegible
Text], private and public transportation
Page: 235 through the
town, public wells and pumps, to abate nuisances, public or private, suppress
all disorderly conduct, disorderly houses and houses of ill fame within said
corporate limits, to prevent loud and boisterous conversation, quarreling,
profane and obscene language upon the streets or other places in said town; to
provide for paupers living in said town and to prevent paupers being imposed on
the town. Said Mayor and Council shall have power to pass all by-laws and
ordinances for the punishment of any person or persons for any violation of any
of the foregoing offences, or for any other offence, that they may see proper to
make punishable, not inconsistent with the Constitution or laws of this State;
said punishment not to exceed [Illegible Text] for twenty days, or to work upon
the public streets of said town for a time not to [Illegible Text] twenty days,
or a fine not to exceed fifty dollars, either or all of which may be imposed in
the discretion of Mayor, or the Mayor and Council; and it shall be the duty of
the Marshal or his deputies, whenever it shall come to their knowledge that any
of said by-laws or ordinances have been violated, to arrest the offenders and
bring them before the Mayor, and in his absence the Mayor pro tem., and in the
absence of both, a majority of the Council, who shall proceed to try said person
or persons, and if found guilty such Mayor, Mayor pro tem. or majority of the
Council, as the case may be, shall adjudge what punishment shall be inflicted;
and the Marshal or his deputies shall execute such judgment. If it be not
convenient for said Marshal or his deputies to bring any person or persons
arrested by them before the court immediately, they may temporarily imprison
said person or persons until they can be tried, but such imprisonment shall in
no event exceed twenty-four hours; said Marshal and his deputies shall also have
power to take bond and security for the appearance of persons charged with the
violation of any of the ordinances of said town, to answer said charge. In the
event any person shall be dissatisfied with the judgment of the Mayor or Mayor
pro tem., he shall have the right to appeal to the Council under such rules and
regulations as may be prescribed by ordinances of said town.
SEC. IX. Be
it further enacted, That for the transaction of all business, except as
otherwise provided for in this Act, the Mayor and three Councilmen shall
constitute a quorum of said board.
SEC. X. Be it further enacted, That
said Mayor and Council shall have control over the roads, streets and alleys in
said town, and it shall be their duty to keep the same in proper condition, and
for this purpose they shall have power to compel every person residing in said
town who is subject to road duty under the laws of this State, to work upon the
streets of said town under the direction
Page: 236 of the Marshal
for any time not longer than the number of days now fixed by law for working the
roads in this State. Or said Mayor and Council may fix a street tax, for such
sum as they may see proper, which may be paid in lieu of working upon the
streets, and such tax when collected, shall be used in working the streets of
said town.
SEC. XI. Be it further enacted, That the Mayor and Council
shall elect annually at their first meeting, a Mayor pro tem., a Treasurer, a
Marshal, a Clerk, and three Assessors, all to hold their offices under such
rules and regulations as the Council may adopt; and the Mayor may also appoint
special policemen to serve in cases of emergency, who shall be compensated as
the Mayor and Council may direct.
SEC. XII. Be it further enacted, That
the Mayor and Council of said town shall have power to levy and collect an ad
valorem tax not to exceed one-half of one per cent. for the ordinary current
expenses of the corporation, and not to exceed one per cent. for both ordinary
and extraordinary expenses of said corporation, upon all the taxable property
within the corporate limits of said town. The valuation of property subject to
taxation shall be assessed by three Assessors, elected as heretofore provided in
this Act, who shall receive such compensation as the Mayor and Council may
direct, and said Assessors shall have power to adopt as their appraisement the
value placed on all the property by the owner in their returns to the
Tax-Receiver of said county, or may require the taxpayer to make returns to them
under oath of all their taxable property, but any taxpayer dissatisfied with
such assessment shall have the right to appeal to the Council under such rules
as the Mayor and Council may prescribe.
SEC. XIII. Be it further enacted,
That the Clerk of the Council shall have power to issue executions for all taxes
levied by the town authorities, and also for all special taxes and fines
imposed.
SEC. XIV. Be it further enacted, That in addition to the ad
[Illegible Text] tax herein provided for, the Mayor and Council shall also have
authority to levy a special tax upon all billiard or pool tables, or other
tables of like character, and upon shows of every kind, and upon all such
callings and businesses as they may think proper.
SEC. XV. Be it further
enacted, That the Marshal, Clerk and Treasurer of said town shall give such bond
and discharge all such duties as shall be prescribed by the Mayor and Council;
and for failure to give such [Illegible Text] or to discharge any duty thus
imposed, the Mayor and Council shall have power to remove any of said officers
from office.
Page: 237
SEC. XVI. Be it further enacted, That
said Mayor and Council shall have power to pass all such laws as they may see
proper for the protection of all cemeteries in said town, and also all needful
rules and regulations for the public health and for the general good of said
town not inconsistent with the laws of said State.
SEC. XVII. Be it
further enacted, That all laws and parts of laws in conflict with this Act be,
and the same are, hereby repealed.
Approval Date: Approved December 20th, 1893.
[Title - See Below], [Georgia Legislative Documents],
[Georgia Department of Archives and History], presented in the Digital
Library of Georgia
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF
THE STATE OF GEORGIA. 1895. Part III.--Local Laws. TITLE I. MUNICIPAL
CORPORATIONS.
1895 Vol. 1 -- Page: 246
Sequential Number: 137
Short Title: LOCUST GROVE, CORPORATE LIMITS EXTENDED. Law Number: No.
146.
Full Title: An Act to amend an Act of the General Assembly,
approved December 20th, 1893, incorporating the town of Locust Grove, so as to
extend the limits of said town.
SECTION I. Be it enacted by the General
Assembly of the State of Georgia, and it is hereby enacted by authority of the
same, That the second section of the above recited Act be, and the same is,
hereby amended by striking out all of said section after the word "shall," in
the second line thereof, and inserting in lieu of the same the following words,
to wit: "be as follows: Commencing on the track of the Southern Railway Company
one-half mile north of the present depot of said railway company in said town,
and extending south along said railroad track for a distance of one mile, and
also extending one-fourth of a mile
Page: 247 from said railroad
track on both sides of the same for the whole of said distance of one mile, so
that the incorporate limits of said town shall extend one mile along said
railroad track and be one-half mile wide the whole of said distance, making the
depot of said railway company the center," so that said section, when so
amended, shall read as follows:
"Sec. II. Be it further enacted that
the corporate limits of said town shall be as follows: Commencing on the track
of the Southern Railway Company one-half mile north of the present depot of said
railway company in said town, and extending south along said railroad track for
a distance of one mile, and also extending one-fourth of a mile from said
railroad track on both sides of the same for the whole of said distance of one
mile, so that the corporate limits of said town shall extend one mile along said
railroad track, and be one-half mile wide the whole of said distance, making the
depot of said railway company the center."
SEC. II. Be it further
enacted, That all laws and parts of laws in conflict with this Act be, and the
same are, hereby repealed.
Approval Date: Approved December 16, 1895.
Town of Luella
[Title - See Below], [Georgia Legislative
Documents], [Georgia Department of Archives and History], presented in the
Digital Library of Georgia
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY
OF THE STATE OF GEORGIA 1912 PART III.--CORPORATIONS TITLE I. MUNICIPAL
CORPORATIONS.
1912 Vol. 1 -- Page: 1082
Sequential Number: 246
Short Title: LUELLA, TOWN OF, INCORPORATED. Law Number: No. 600.
Full Title: An Act to incorporate the town of Luella, in the County of
Henry, State of Georgia, to define the corporate limits thereof, to provide for
officers thereof, define their duties, powers, and privileges, and for other
purposes.
SECTION 1. Be it enacted by the General Assembly of Georgia,
and it is hereby enacted by the authority of same, That the town of Luella, in
the County of Henry, be and is hereby incorporated under the name of Luella, by
which name it may sue and be sued, plead and be impleaded.
SEC. 2. Be it
further enacted, That the corporate limits of said town shall extend one-half
mile from a point in the center of the road where the Griffin and McDonough road
intersects the Hampton and Locust Grove road at Luella.
Page:
1083
SEC. 3. Be it further enacted, That said town shall be officered and
its corporate affairs directed and controlled by a Mayor and four Councilmen,
whose term of office shall be one year, and who shall be elected by the
qualified voters of said town. Any person residing within said town thirty days
prior to the time of an election and otherwise qualified to vote for members of
the General Assembly, shall be eligible as a town elector. The first election
under this Act for Mayor and Councilmen shall be held on the second Saturday in
December, 1912. The Mayor and four Councilmen, herein, named below, shall serve
from the approval, of this Act until their successors are elected and qualified.
The term of the Mayor and Councilmen shall be for a term of one year from the
first Monday in January of each year and until their successors are elected and
qualified. SEC. 4. Be it further enacted, That said Mayor and Council shall
elect one member of said Council as clerk, and may also elect a marshal and pay
him such compensation as they may fix prior to his election.
SEC. 5. Be
it further enacted, That all the powers and duties contained in Section 696,
697, 698, 699, 700, 701, 702, 703, 704, 705, of the Code of Georgia of 1895,
Volume 1, are hereby adopted and made a part of this Act.
SEC. 6. Be it
enacted by the authority aforesaid, That the following named persons shall from
the passage of this Act serve as Mayor and Councilmen: until the first Monday in
January, 1913, to-wit: R. F. Nutt, Mayor; B. F. Thompson, W. H. Bailey, Van
Turner and Grover Standard, Councilmen.
SEC. 7. Be it further enacted,
That said Mayor and Council shall have authority to cause the roads, streets,
Page: 1084 and lanes of said town to be worked in said town by the
residents therein subject to road duty, and to levy such a road tax as they may
deem for the best interest of the town. Said Mayor and Council shall have
authority to make any and all by-laws, rules and regulations or ordinances,
necessary for the government of said town and the peace and good order thereof,
and to fix license fees for the transaction of business in said town, which are
not inconsistent with the laws and the Constitution of this State; to punish by
fine and imprisonment or both, in the discretion of the Mayor, said Mayor hereby
being specifically clothed with authority to try offenders against the
ordinances of said town, and is empowered to punish such offenders by a fine of
not more than $50.00 or by work on the public streets of said town not exceeding
thirty days, either or both of such penalties. The Mayor and Council shall have
authority to fix the costs in the violation of the ordinances of said town, and
upon conviction, said costs shall be taxed against the offender so convicted.
SEC. 8. The Mayor and Council shall be empowered to levy and collect taxes
for the support of the government of said town not to exceed one mill on the
assessed value of the property of said corporation, with which shall be paid the
compensation allowed the Mayor and Councilmen and all other employees of the
said town of Luella.
SEC. 9. Be it further enacted, That all laws and
parts of laws in conflict with this Act be, and the same are, hereby repealed.
Approval Date: Approved August 19, 1912.
Town of McDonough
[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.
1823 Vol. 1 -- Page:
188
Sequential Number: 141 Type: AN ACT
Full Title: To make
permanent the site for the public buildings in the county of Henry and to
incorporate the village thereof, under the name of McDonough.
Whereas, in pursuance of the second section of an act entitled an act to
organize the counties of De Kalb, Pike, Crawford and Bibb, and to define the
places of holding courts in the counties of Monroe, Houston, Henry, and Fayette,
and to authorise the commissioners appointed to lay off the town of Macon, and
to lay off four acres in said town for the erection of public buildings in the
county of Bibb, and to add the county of Newton to the Flint circuit, passed the
twenty-third of December, one thousand eight hundred and twenty-one, the
justices of the Inferior court for the county of Henry as commissioners have
fixed on a public [Illegible Text] for said county, and have also proceeded
to purchase to the amount of one square lot of land, i. e. the one half of lot
[Illegible Text] one hundred and thirty-four in the seventh district of said
Henry county and one half of lot number one hundred and twenty-three in the same
district and county, and have also laid out a county town thereon.
Be it
therefore 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 passing of this act, the said site as fixed on
by the justices as aforesaid be and the same
Page: 189 is hereby
declared to be the permanent site for the public buildings, and of the
administration of justice in said county.
SEC. 2. And be it further
enacted by the authority aforesaid, That the said county town or village shall
in future be known and called by the name of McDonough, and that William L.
Crayton, James Kimbrough, Tandy W. Key, Andrew M. Brown and William Hardin.
Esqrs, and their successors in office, be and they are hereby appointed
commissioners of said town, which said commissioners shall have full power and
authority to pass all [Illegible Text] laws and regulations which may be deemed
necessary for the improvement and repairing the streets, spring, and internal
police of said town: Provided nevertheless, That such bye laws, rules and
regulations shall not be repugnant to the constitution of the United States, and
the constitution and laws of this state, and that no penalty thereby imposed
shall extend to corporeal punishment, except to people of colour, nor shall any
tax upon the people of said town be imposed which shall exceed one dollar to
each poll for the same year.
SEC. 3. And be it further enacted, That the
said commissioners and their successors in office, shall have corporate
jurisdiction over all the public lots that now are or may hereafter be laid out
in said town, and that the said commissioners shall continue in office until the
second Tuesday in January in the year eighteen hundred and twenty five, on which
day, and on the second Tuesday in January in each and every year thereafter, all
free male white citizens of the said town, who are entitled to vote for members
of the General Assembly shall assemble at the court-house of said county, and by
ballot elect five commissioners who shall continue in office one year, at which
election any two justices of the Inferior court or justices of the peace may
preside: Provided, Nothing herein contained shall [Illegible Text] so construed
as to make any of the commissioners aforesaid ineligible to a re-election.
SEC. 4. And be it further enacted, That when any vacancy in the
commissioners of said corporation shall happen by resignation or otherwise, the
commissioners in office shall appoint some other person within the limits of
said
Page: 190 corporation to fill such vacancy, and the person
appointed shall continue in office the same length of time his predecessor woul
have done had no such vacancy taken place.
SEC. 5. And be it further
enacted, That the said commissioners and those hereafter appointed, or a
majority of them have power to appoint a clerk, marshal, and such other officers
as they may deem necessary to carry into effect all proceedings which they may
adopt under the authority of this act and the said commissioners shall be ex
officio justices of the peace so far as respects the carrying into effect the
said act of incorporation, and they may impose fines for violations of their
corporate rules, issue executions for fines and penalties, and for taxes, and
shall have power to exact a tax on all public shows which may be at any time
exhibited or exposed to view for money within the limits of said corporation,
which shall be collected by the said marshal in the same manner as executions
from justices courts.
DAVID ADAMS, Speaker of the House of
Representatives.
THOMAS STOCKS, President of the Senate.
G.
M. TROUP, Governor.
Approval Date: Assented to, Dec. 17, 1823
[missing title] [Georgia Legislative Documents] [Georgia
Department of Archives and History] Presented in the Digital Library of
Georgia
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF
GEORGIA. 1882-83. Part III.--Local Laws. TITLE I. MUNICIPAL
CORPORATIONS.
1882 Vol. 1 -- Page: 379
Sequential Number: 272
Short Title: TO CONSOLIDATE, AMEND AND CODIFY THE VARIOUS ACTS INCORPORATING
THE TOWN OF McDONOUGH, IN HENRY COUNTY. Law Number: No. 216.
Full
Title: An Act to consolidate, amend and codify the various Acts incorporating
the town of McDonough in the county of Henry, and the various Acts amendatory
thereof, and to define the powers and duties of the mayor and council and other
officers of said town.
Section I. Be it enacted by the General Assembly
of the State of Georgia, That the corporate limits of the town of McDonough, in
the county of Henry, shall extend one mile in every direction from the
court-house.
Sec. II. Be it further enacted by the authority aforesaid,
That the municipal government of said town of McDonough shall be vested in a
mayor and six aldermen, to be elected as hereinafter prescribed; that they and
their successors in office are hereby constituted a body corporate under the
name and style of the mayor and council of the town of McDonough; that they
shall have perpetual succession and by said name, may sue and be sued; may have
and use a common seal; purchase, take, hold and possess to themselves and
Page: 380 their successors in office for the use and benefit of said
town, real and personal property; exchange or sell the same when and in such
manner as they may deem best for said town, and to make all contracts in their
corporate capacity which they may deem necessary for the welfare of said town.
Sec. III. Be it further enacted by the authority aforesaid, That on the
second Wednesday in January next and annually thereafter on the same day, there
shall be an election for mayor and six aldermen of said town and installed one
month thereafter, at which election all male citizens of said town who shall
have resided within the corporate limits of said town thirty days before the day
of the election, and who may be entitled to vote for members of the General
Assembly of this State, and who shall have worked upon the streets of said town
the number of days they have been required to during the year in which such
election may be held, or paid commutation tax in lieu thereof, according to the
laws and ordinances of said town, and all town tax due, shall be entitled to
vote at such election and all persons entitled to vote at such election and
eligible to office, according to the Constitution and laws of this State, shall
be eligible to hold any office of the said town. At any such election any
justice of the peace and two freeholders, or in the absence of a justice any
three freeholders resident in said town and who are not candidates, may act as
managers and shall conduct such election as nearly as practicable in accordance
with the election laws of this State. Such managers shall give certificates of
election to the persons receiving the highest number of votes for their
respective offices, which certificate shall be recorded on the minutes of
council and shall be held to be the highest evidence of the election of such
officers. Any person who shall vote more than once at such election, or contrary
to the provisions of this section, shall be guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not less than fifty nor more than
two hundred dollars, or by imprisonment in the common jail of the county not
exceeding six months.
Sec. IV. Be it further enacted by the authority
aforesaid, That in the event of a vacancy in the office of mayor or alderman
from any cause, the remaining aldermen shall order an election to fill such
vacancy for the unexpired term, and notice of such election shall be advertised
in two or more public places in said town or in a newspaper published therein,
at least ten days before such election, which election shall be conducted as
provided for in section three of this Act.
Sec. V. Be it further enacted
by the authority aforesaid, That before entering upon the duties of the
aforesaid offices the persons elected thereto shall take and subscribe the
following oath: "I do solemnly swear that I will to the best of my ability
discharge the duties of mayor or alderman, as the case may be, of the town of
McDonough, during my continuance in office, so help me God." Any person
authorized by law or the acting mayor of said town, may administer said oath.
The mayor and aldermen and other officers provided for in this Act, shall hold
their offices for one year from the second
Page: 381 Wednesday in
January succeeding their elections and until their successors are elected and
qualified; provided nevertheless, that the officers elected by said mayor and
aldermen shall be liable to removal by a majority vote of the council (composed
of mayor and aldermen), for neglect of duty or malfeasance in office.
Sec. VI. Be it further enacted by the authority aforesaid, That said mayor and
aldermen shall have power to open new streets, lanes and alleys, change, widen
or extend streets, lanes and alleys already opened within the corporate limits
of said town, and to determine how the same shall be done, or to pass ordinance
prescribing the mode of so doing; that the damages, if any, sustained by the
owner or owners of land or other property by reason of the opening, changing
widening or extension of such streets, lanes or alleys, shall be ascertained and
assessed by three appraisers, one of whom shall be appointed by said owner or
owners, one by the mayor of said town, and the other by the clerk of the
superior court of the county of Henry, or in case there shall be no clerk or he
shall fail or refuse to appoint, then by the ordinary of said county, whose
award or that of a majority of them shall be reduced to writing and returned to
the clerk of the superior court of said county by said appraisers they or any
one of them having previous to such return served copies of said award on all
parties at interest in the manner prescribed by law for the service of common
law writs in said superior court; and in case either party shall be dissatisfied
with said award, he, she or they may within ten days after its return to the
clerk, enter an appeal to the superior court of said county as in other cases of
appeal, when the question of damages shall be determined by a jury; but the
award if not appealed from shall operate and have the effect of a judgment upon
which the clerk of the superior court of said county shall issue an execution.
If an appeal is taken, the party losing the case from the standpoint of the
award shall pay the costs of such appeal. The appraisers aforesaid shall in all
cases, in making up their award, consider the benefits from the opening,
changing, widening, or extension of such streets, lanes and alleys, accruing to
the owner or owners of such land or other property, and set off such benefits
against such damages; but in no event giving an award against such owner or
owners for the excess of benefits over damages; that the opening, widening, or
extension of such streets lanes and alleys, by the mayor and council of said
town shall not be interfered with by any court or process of any court pending
the action of such appraisers, or pending the appeal from their award.
Sec. VII. Be it further enacted by the authority aforesaid, That said mayor and
aldermen shall have power to provide such public build ings as may be necessary,
and for the benefit of said town; to pass ordinances regulating the management
of market houses, private and public transportation through the town, bar rooms
and saloons licensed by them, public wells and pumps; to abate nuisances, public
or private, suppress all disorderly conduct, disorderly houses, and houses of
ill fame within said corporate limits, to prevent loud and boisterous
conversation, quarreling, profanity and obscene language upon the streets, or
other public places in the Page: 382 town; to provide for paupers
living in and to prevent paupers from being imposed on the town. Said mayor and
aldermen shall have power to enact appropriate ordinances for the accomplishment
of all the purposes hereinbefore enumerated and for the punishment of offenders
in relation to any of the matter aforesaid, and all ordinances they may deem
necessary for preserving the peace, health and good order and good government of
the town, and to enforce all ordinances by them adopted not inconsistent with
the laws of this State, and to punish any person or persons who shall violate
any such ordinances by fine not to exceed fifty dollars or imprisonment, not to
exceed twenty days, or work upon the public streets, not to exceed twenty days,
any one or all in the discretion of the council, and it shall be the duty of the
marshal and his deputies, whenever it shall come to the knowledge of either or
any of them that any such ordinances have been violated, to arrest the person or
persons whom they have reason to believe guilty of such violation, and as soon
as convenient after such arrest to bring such person or persons before the
mayor, and in his absence the mayor pro tem., and in the absence of both before
a majority of the council who, when hearing the evidence concerning such
violation, shall determine whether or not the person or persons so brought
before him or them be guilty of such violation, and if found guilty the mayor or
mayor pro tem., or a majority of the council as the case may be, shall adjudge
what punishment shall be inflicted upon such guilty person or persons, and the
marshal or his deputies shall execute such judgment. If it be not convenient for
the marshal or his deputies to bring any person or persons by him or them
arrested immediately before the mayor or mayor pro tem. or a majority of the
council, he, or they may temporarily imprison such person or persons so arrested
until he or they can conveniently bring such person or persons so arrested
before the mayor or mayor pro tem. or a majority of the council; provided, such
imprisonment shall not exceed twenty-four hours; and in the event that such
person or persons shall be dissatisfied with the judgment of the mayor, or in
his absence of the mayor pro tem., he, or they shall have the right of appeal to
the council at their next regular meeting upon giving bond and security for
their appearance before said council, to abide by the final decision of said
council, and the said council, after hearing all the evidence submitted, shall
have power to affirm or reverse the decision of the mayor or mayor pro tem., and
the mayor, or in his absence, the mayor pro tem., or in the absence of both, a
majority of the council, shall have full power to compel the attendance of
witnesses under the same rules and regulations as is required for the attendance
of witnesses at a justice's court.
Sec. VIII. Be it further enacted by
the authority aforesaid, That for the transaction of all business, except as
otherwise provided in this Act, the mayor and three aldermen shall constitute a
quorum, and the vote of four aldermen, or of three aldermen with the concurrence
of the mayor, shall decide any question which may come before the board.
Sec. IX. Be it further enacted by the authority aforesaid, That
Page:
383 the mayor and aldermen of said town shall have authority to call out, or
provide for calling out, each and every male person subject to road duty under
the laws of this State, who resides within the corporate limits of said town,
who shall be compelled to work upon the streets or sidewalks of said town for
the number of days in each year as are now fixed by the road laws of this State,
and when any person, liable to such street or road duty, shall have been
notified by the marshal or his deputy, either in writing or orally, one day
prior to the day of working, to work on said streets, and shall in any way make
default, by failing to appear at the time and place specified in said
notification, or to work as required by the present road laws of the State, or
in any other manner shall make default in relation thereto, such party shall be
notified to appear before the mayor and aldermen to show cause why he should not
be fined for said default; and at the time appointed the mayor and aldermen
shall try said defaulter, and if found guilty of said default, they may impose a
fine upon such defaulter to the same extent that the road commissioners of this
State may fine defaulters under the present road laws of this State; and if the
fine or fines imposed are not paid within such time as may be fixed by said
mayor and aldermen, such defaulter may be, by the order of said mayor and
aldermen, imprisoned in the common jail of the county not exceeding two days for
each dollar of the fine imposed. Said mayor and aldermen shall have power to
fix, by ordinance, a commutation tax or sum of money which, when paid by any
person liable to street duty, shall exempt him from any other road or street
duty for the year for which it is paid; but no person shall have the right to
relieve himself from the penalty of default as aforesaid, by paying or offering
to pay such commutation tax, without the consent of the mayor and aldermen.
Sec. X. Be it further enacted by the authority aforesaid, That the mayor and
aldermen shall elect annually, at the first regular meeting of council in
February, a mayor pro tem., a marshal, a clerk, a treasurer and street
commissioner, and three assessors, all of said officers to hold their offices
under the rules and regulations of the council of said town; and the mayor and
aldermen may also appoint special policemen to serve when, in their judgment,
such appointment may be necessary, to be discharged when the emergency has
passed, and to be compensated as the mayor and council may determine; and while
such appointees are on duty they shall have the same authority in preserving
order, and be charged with the same duties and entitled to the same protection,
as the marshal.
Sec. XI. Be it further enacted by the authority
aforesaid, That the salaries of all the officers of the town of McDonough shall
be fixed by the mayor and council at the first regular meeting in December each
year previous to the election of mayor and aldermen on the second Wednesday in
January, and shall not be changeable during the term of the succeeding council.
Sec. XII. Be it further enacted by the authority aforesaid, That the
mayor and aldermen shall have power to levy an ad valorem tax not to exceed one
per cent. upon all the taxable property within the corporate limits of the town,
made taxable by the laws of this State,
Page: 384 except land used for
agricultural purposes which shall not be subject to any town tax whatever. The
valuation of property subjec to taxation shall be assessed by three assessors,
who shall be elected by the mayor and aldermen at the same time that other
officers of the corporation are elected, and shall receive a regular salary, to
be fixed at the same time and under the same restrictions as the salaries of
other officers of the town, and the said assessors shall have the power to adopt
as their appraisement the valuation placed on property by parties in making
returns to the receiver of tax returns of the county, or require the tax-payer
to make returns to them under oath of all his taxable property. Should a
difference arise between the assessors and tax-payer, concerning the value of
property given in, the assessors shall have the power to assess the same at
their valuation; but any tax-payer who may be dissatisfied with the assessment
of his or her property, shall have the right of appeal to the council under such
rules and regulations as they may prescribe.
Sec. XIII. Be it further
enacted by the authority aforesaid, That if any person shall fail or refuse to
pay the tax imposed by this Act or the ordinances enacted in accordance
therewith, either ad valorem or special, the clerk of said town shall issue an
execution which shall be signed by him and bear test in the name of the mayor.
Said execution shall bind all the property which said defaulting tax-payer owned
in said town on the day that his property is bound for State and county taxes in
the year in which it is returned for taxation. Such execution shall be directed
to and enforced by the marshal of said town, and in case real estate is levied
upon, it shall be the duty of the marshal to advertise the sale of the same as
sheriff's sales are now advertised, and the said clerk shall be entitled to
fifty cents for each fi. fa. so issued, and the marshal to the same fees as by
law bailiffs of this State are entitled to for levies, and the same commissions
for selling as are received by sheriffs of this State.
Sec. XIV. Be it
further enacted by the authority aforesaid, That the mayor and council of the
town of McDonough be and they are hereby vested with full and exclusive power to
regulate, control and direct the sale of ardent spirits, malt liquors, wines and
cider within the corporate limits of said town, impose such restrictions,
charges, conditions and penalties upon the same as they or a majority of them
may deem necessary and proper, not repugnant to the Constitution and laws of
this State.
Sec. XV. Be it further enacted by the authority aforesaid,
That the said mayor and councilmen shall have authority, in addition to the ad
valorem tax herein provided for, to levy a tax on all billiard tables, ten pin
or nine pin alleys and tables, and alleys of any other kind used for the purpose
of playing on with balls or pins, or both, within said town, and on all
contrivances of whatever kind used for the purpose of gaming, or carrying on a
game of chance by selling cards, tickets or numbers, or by turning a dial or
wheel by using any other artifice or contrivance. They shall also have authority
to levy a tax not exceeding one hundred dollars upon all
Page: 385
circuses, sleight-of-hand performances, tricks of legerdemain and other shows
taxed by the laws of this State, which may exhibit in said town, such tax to be
for each exhibition. They shall also have power to levy and collect such taxes
on all professions, businesses and callings carried on in said town as they may
deem expedient for the safety, benefit, convenience and advantage of said town.
Such specific taxes, if not voluntarily paid, shall be collected by execution;
levy and sale, as provided for in this act for the collection of other taxes.
They shall also have power to grant license to one or more auctioneers, for
which the applicant shall pay a sum of not exceeding fifty dollars per year, and
if any person shall sell goods, merchandise or other property within said
corporation at auction or public outcry without obtaining such license, such
person shall be punished for such offense by fine not to exceed fifty dollars or
imprisonment not to exceed thirty days, or work upon the streets not to exceed
thirty days, any one or all, in the discretion of the mayor or mayor pro tem.,
and in their absence of the remainder of the council; provided, that nothing in
this Act contained shall be so construed as to extend to any judicial sale,
executors, administrators or guardian's sale, or to prevent resident citizens
from vending at auction their own property. Said mayor and council may provide
also for the manner in which any of the special tax is authorized by this
charter, and any of the licenses herein provided for may be issued and used, and
any person violating the provisions of this Act or the ordinances enacted in
accordance therewith, shall be dealt with as set forth in this section.
Sec. XVI. Be it further enacted by the authority aforesaid, That the treasurer
shall receive all moneys due the town from any and all sources, and pay the same
out upon orders drawn by the mayor and council, said orders being countersigned
by the mayor, or in his absence, by the mayor pro tem. The said treasurer shall
keep a book, which shall at all times be subject to inspection by the council,
or any person holding an order upon him, which book shall show what amount of
money remains in his hands and from what source received, and what moneys have
been by him disbursed, and upon what account; and shall preserve all orders by
him paid off as vouchers for disbursements, and he shall do and perform all
other duties relative to the finances of the town, prescribed by ordinances of
council, and in the manner prescribed; provided such ordinances are not
inconsistent with this Act.
Sec. XVII. Be it further enacted by the
authority aforesaid, That the clerk, and the marshal and his deputies, shall, in
addition to the duties hereinbefore imposed upon them, perform such other
duties, in the sphere of their duties, as may be assigned them by the council,
in consonance with the provisions of this charter, and ordinances of council not
inconsistent herewith.
Sec. XVIII. Be it further enacted by the
authority aforesaid, That the treasurer and marshal shall each execute with at
least two good and solvent sureties, to be approved by the mayor and council, in
the sum of not less than one thousand dollars, said bond to be made payable to
the mayor and aldermen and their successors in office,
Page: 386
conditioned for the faithful performance of their respective duties. Such bond
must be given before the said officers enter upon the duties of their respective
offices, and the principal and sureties thereon may be sued on said bond for any
default in reference to the finances of the town, made by the officer giving
said bond, as soon as said default shall be ascertained, and recovery can be had
and enforced as upon other judgments rendered by the courts of this State; and
any officer who shall fail to pay over any funds in his hands belonging to the
town according to law and the ordinances of council, shall be guilty of a
misdemeanor, and, on conviction, shall be punished as is prescribed in section
4310 of the new Code of Georgia.
Sec. XIX. Be it further enacted by the
authority aforesaid, That the clerk or treasurer or marshal, upon failure to
comply with any duty assigned them by this charter or the ordinances consistent
therewith, may be removed from office by the mayor and council; they shall also
be subject to removal for any misconduct or malfeasance in office, and there
shall be no appeal from the decision of council upon any question of removal.
Sec. XX. Be it further enacted by the authority aforesaid, That the
marshal shall not retain in his hands any funds by him collected for said town
for more than one week, but said marshal shall pay over to the treasurer any and
all money collected by him for the time, within one week from the date of the
collection, and upon failure to do so, shall be subject to removal at the
discretion of the council.
Sec. XXI. Be it further enacted by the
authority aforesaid, That until ordinances and by-laws shall be adopted in
conformity with this charter, those now in force not inconsistent herewith shall
remain of force.
Sec. XXII. Be it further enacted by the authority
aforesaid, That the organization of the town government shall remain as it now
is except as it may be changed to conform with this charter, until the first
annual election under this charter and the qualification of the officers elected
at that time; but the officers of said town shall be governed by and conform to
the provisions of this charter, so far as the same may be practicable, and they
are hereby authorized and empowered to act under such provisions; and any
ordinance or by-law that may be adopted in conformity to this charter shall be
of force and take effect from and after the same shall have been published in
two public places in said town for five days, or after one insertion in a
newspaper published in said town.
Sec. XXIII. Be it further enacted by
the authority aforesaid, That the mayor and council shall have power to make all
needful rules and regulations as to cemeteries located within the corporate
limits of said town, and to pass such laws as may be necessary for their
protection, repairs and improvement.
Sec. XXIV. Be it further enacted by
the authority aforesaid, That said mayor and council shall have power to fix and
establish fire limits, within which fire limits, when so established, it shall
not be lawful for any one to erect other than fire-proof buildings or structures
of any kind whatever, and should any one erect or cause to be
Page: 387
erected within such fire limits so established any buildings or structures of
any kind, other than fire-proof, the said mayor and council, after giving five
days' notice, shall cause the same to be removed at the expense of the owners of
such buildings or other structures, to be collected by execution as in other
cases, and said mayor and council shall have power to determine what buildings
or other structures are or are not fire-proof. This section shall not be varied
in favor of any person or persons whatever.
Sec. XXV. Be it further
enacted by the authority aforesaid, That all laws and parts of laws in conflict
with this Act be, and the same are hereby repealed.
