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HAMPTON
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[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
1873 Vol. 1 -- Page: 123
Sequential
Number: 118 Law Number: No. CXVIII. -- (O. No.
224.)
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.
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