McDonough

McDONOUGH
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[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

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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

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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

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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

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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

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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

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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,

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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

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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,

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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

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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.

Approval Date: Approved September 18, 1883.

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