State Records of Historical and Genealogical Value
1853 Vol. 1 -- Page:
Sequential Number: 318
Law Number: (No. 229.)
Full Title: An Act to lay out and organize a new County from the Counties of Dooly and Irwin, and to attach the same to a Judicial and Congressional District; and provide for the location of a County Site in such new County.
SEC. I. 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 from and after the first day of February next, a new
county shall be laid out and organized from the Counties of Dooly and Irwin, to
be included within the following limits, to wit: Beginning at the south-east
corner of the
thirteenth district of Dooly County, running a due west course on
the district line, to the south-west corner of said district; thence in a
north-west direction, to the nearest south [Illegible Text] fork Sniff [Swift?]
Creek; thence down the run of Sniff [Swift] Creek, to its mouth or junction with
Flint River.
[Side note: Worth county.]
[Side note: Boundaries.]
[Swift Creek]
SEC. II. And be it further enacted by the authority aforesaid, That
the new county described in the first Section of
this Act, shall be called and
known by the name of Worth, and shall be attached to the
Macon Judicial
District, and the
second
Congressional District, and to the
First Brigade of the
Eighth Division of Georgia Militia.
[Side note: Name [Illegible Text]
SEC. III. And be it further enacted by the authority [Illegible Text]
That the persons included within the said new county entitled to vote for the
same, shall, on the first Monday in March next, elect five Justices of the
Inferior Court, a Clerk of the Superior and Inferior Courts each, and a Sheriff
and Coroner, a Tax Collector, and Receiver of Tax Returns, a County Surveyor and
a Judge of Ordinary for said county; and that the elections for said county
officers shall be held at San Bernard in Irwin County, and shall be
superintended and controlled in the manner prescribed by law; and the Governor,
on the same being certified to him, shall commission the persons returned to him
as elected at such elections, to hold their offices for the term prescribed by
law; and that the Justices of the Inferior Court, after they shall have been
commissioned, shall proceed to lay off said county into militia districts, and
advertise for the election of the requisite number of Justices of the Peace, in
such districts; and the Governor, on being duly certified of the election of
such Justices of the Peace, shall commission them according to law.
[Side note: County officers elected, &c.]
[Side note: Justices, [Illegible Text] of, &c.]
SEC. IV. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court of said county, after they shall have power and authority to select and locate a site for the public buildings in said county, and the said Justices, or a majority of them, are hereby invested with full power to purchase a tract of land for the location of the county site, to divide the same into
Page: 309
lots, and sell the lots at public sale, for the benefit of said county, or to
make such other arrangements or contracts concerning the county site, or
location of the public buildings as they may think proper.
[Side note: Permanent county site, &c.]
SEC. V. Be it further enacted by the authority aforesaid, That the
elections of the county generally, and public business thereof, shall be held
and transacted at San Bernard in Irwin County, until the public site shall be
located by the Inferior Court as aforesaid, and until the organization of the
militia districts; after which the precincts as new established by law, for
holding elections in the Counties of Dooly and Irwin, and which said precincts
are embraced within the limits of said new county, as described in the second
Section of this Act, shall be taken and held as precincts for holding elections
generally, in said new county, until the same shall be altered by law.
[Side note: San Bernard the [Illegible Text] site.]
[Side note: Election [Illegible Text]]
SEC. VI. And be it further enacted by the authority aforesaid, That
all officers now in commission in the several militia districts, who shall be
included within the limits of said new county, shall hold their commissions and
exercise the duties of their several offices within, and for the said new
county, until their successors shall have been elected and commissioned.
[Side note: Present officers to hold over.]
SEC. VII. And be it further enacted by the authority aforesaid, That
the papers appertaining to all writs pending in either of said counties, out of
which this new county is formed, when the defendants reside in such new county
shall be transferred to the proper officers of said new county, and there tried
and disposed of, and that all mesne process, executions and other final process
in the hands of the Sheriffs, Coroners and Constables of the counties of which
the new county may be formed and which properly belongs to said new county, and
may have been levied, or in part executed; and such proceedings therein not
finally disposed at the organization of said new county, shall be delivered over
to the corresponding officers of said new county, and such officers are hereby
authorized and required to proceed with the same, and in the manner as if such
process had been originally in their hands: Provided, That in all cases
publication of the time and place of sale, and proceedings of the like character
in the new county, shall be made for the time now prescribed by law, and all
such process which properly belongs to the counties out of which such new county
may be formed, which may be in the hands of the officers of said new county,
shall in like manner be delivered over to the officers of said county to be
executed by them in the manner herein prescribed.
[Side note: Processes, suits, &c., how executed.]
[Side note: Publication, &c.]
SEC. VIII. And be it further enacted by the authority aforesaid, That
the Superior Courts for said new county shall be held on the third Mondays in
April and October, and the Inferior Courts on the first Mondays in April and
October, and the Courts of Ordinary shall be held at the times as prescribed by
law, for the different counties of this State.
[Side note: Courts.]
SEC. IX. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act be and the same are hereby repealed.
Approval Date: Assented to, December 20th, 1853.
1859 Vol. 1 -- Page: 275
Sequential Number: 284
Law Number: (No. 260.)
Full Title: An Act to change and alter the lines between the counties of Worth and Colquitt.
32. SECTION I. Be it enacted, That from and after the passage of this
act, the line now forming the Southern boundary of
Worth county, and the
Northern boundary of Colquitt county, be so changed as
to include in the county
of Worth, the whole of lot of land number (19) nineteen, in
the (8) eight
district of originally Thomas, now Colquitt county,
the residence of
William
McCall.
[Side note: Line altered between Colquitt and Worth county.]
SEC. II. Repeals all conflicting laws.
Approval Date: Approved Dec. 14th, 1859.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT THE REGULAR JANUARY SESSION. 1874.
PART III.--PRIVATE LAWS.
1874 Vol. 1 -- Page: 415
Sequential Number: 407
Law Number: No. CCCCVII.
Origin: (O. No. 64.)
Full Title: An Act for the relief of Micajah R. Horne, of the county of Worth.
WHEREAS, At the April term of the Superior Court of Worth county, 1872, the appearance bond of Emily Weaver, signed by
Page: 416
herself, and
Micajah R. Horne as her surety, was forfeited, as pretended, for the non-appearance of said Emily Weaver to answer a criminal charge of adultery; and WHEREAS, the same is not true in any particular, and said case was duly settled, and so entered on the [Illegible Text] and WHEREAS, after defendant had left the county, and the said [Illegible Text] was surreptitiously reinstated, called, etc, bond forfeited without the bondsman having any opportunity to defend the same; and WHEREAS, M. R. Horne is a poor disabled soldier, with nine small children of tender age, and no property, and dependent alone on his own exertions for support --§ 13. SECTION I. Be it enacted, etc., That said Micajah R. Horne be,
and he is hereby, relieved from the penalties of said bond of Emily Weaver, and
discharged from all liabilities of the same.
[Side note:
M. R. Horne relieved from liability of E. Weaver.]
SEC. II. Repeals conflicting laws.
Approval Date: Approved February 25, 1874.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1880-81.
Part IV.--Private Laws.
1880 Vol. 1 -- Page:
664Sequential Number: 465
Short Title: RELIEF OF SECURITIES OF H. H. ROUSE, LATE TAX COLLECTOR OF
WORTH COUNTY.
Law Number: No. 188.
Full Title: An Act for the relief of James M. Rouse, Seaborn M. Hunt, John Fenn, Thomas J. Harris and john Odum, securities on the bond of H. H. Rouse, late Tax Collector of Worth county.
Whereas, H. H. Rouse, late Tax Collector of the county of Worth, collected the State tax for said county during his term of office as said Tax Collector, and deposited the same in the bank of the Central Railroad and Banking Company at Albany, in this State, taking therefore a receipt from said bank; and, whereas, the said bank now claims that said receipt was given for too large a sum, and a dispute and litigation has been caused between the
Page: 665
said bank and the said H. H. Rouse; and, whereas, the securities of the said
Rouse have been prevented by said dispute and litigation from effecting a
settlement between the said Rouse and the State for taxes due the State by the
said Rouse; therefore,
[Side note: Preamble.]
Section I. Be it enacted by the General Assembly of the State of Georgia,
That James M. Rouse,
Seaborn M. Hunt,
John Fenn,
Thomas J. Harris and
John Odum,
securities on the bond of said H. H. Rouse, Tax Collector of Worth county,
be, and they are hereby, relieved from the penalty of twenty per cent. inflicted
by section 910 of the Code of this State, upon defaulting Tax Collectors and
their sureties in case of failure by Tax Collectors to settle their accounts
with the Comptroller-General in the terms of the law; Provided, they
shall pay, on or before the first day of November next, to the State or her
agents, the principal, interest, attorney's fees and costs.
[Side note: Securities of H. H. Rouse relieved from penalty of 20 per
cent.]
[Side note: Proviso.]
Sec. II. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and same are hereby, repealed.
Approval Date: Approved September 13th, 1881.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1882-83.
Part III.--Local Laws.
1882 Vol. 1 -- Page:
291Sequential Number: 230
Short Title: TO
INCORPORATE THE TOWN OF SUMNER, IN WORTH COUNTY.
Law Number: No. 87.
Full Title: An Act to incorporate the town of Sumner, in the county of Worth, and grant certain powers and privileges to said town, and for other purposes.
Section I. Be it enacted by the General Assembly of the State of Georgia, That from and after the passage of this Act, the town of Sumner, in the county of Worth, be, and the same is hereby incorporated under the name of the town of Sumner; that the municipal government of the town of Sumner shall be vested in a mayor and four councilmen, who are hereby constituted a body corporate, under the name and style of the corporation of the town of Sumner, and by that name and style shall have perpetual succession, and shall have a common seal and be capable in law and equity, to purchase, have,
Page: 292
hold, receive and enjoy, possess and retain, to them and their successors for
the use of the town of Sumner, any estate, real or personal, of whatever kind or
nature, and shall by the same name be capable to sue and be sued in any court of
law or equity of this State, and to sell, alien, or lease any estate, real or
personal, the property of or belonging to said corporation, or convey the same
or any part thereof in any manner or way whatever.
[Side note: Corporate name.]
[Side note: Mayor and four councilmen.]
[Side note: Corporate powers.]
Sec. II. Be it further enacted by the authority aforesaid, That the
incorporate limits of said town of Sumner shall be one mile
square and to be
fixed, determined and embraced between lines as follows, to-wit: a line running
north and south at a point one half a mile due east of the depot of the
Brunswick and Albany Railroad, in the said town of Sumner, and the other lines
so running as to form a square with the said depot located in the center of said
square.
[Side note: Corporate limits.]
Sec. III. Be it further enacted, That
Alexander S. Heide, be, and is
hereby appointed mayor of said town of Sumner, and
J.
W. Perry,
C. A. Alford, C.
A. Williams and James I. Clements be and they are hereby
appointed councilmen of
said town to hold their offices until the
first annual election in said town in
the year 1884, and until their successors are elected and qualified. The above
officers to enter upon the duties of their offices immediately after the passage
of this Act; that the above officers shall be citizens of the said town, not
under twenty-one years of age, and shall have been bona fide residents of
said corporation for six months preceding their election.
[Side note: Mayor.]
[Side note: Councilmen.]
[Side note: Election.]
[Side note: Qualifications.]
Sec. IV. Be it further enacted,
That an election shall be held at such
place as the mayor of said town shall direct and designate, within the corporate
limits of said town, on the second Wednesday in January, 1884, and on the second
Wednesday in January in each year thereafter, for mayor and four councilmen who
shall hold their offices for one year or until their successors are elected and
qualified; the polls at said election shall not be opened before nine o'clock a.
m., and shall be closed at three o'clock, p m., that all voters qualified by the
laws of this State to vote for members of the General Assembly and bona fide
residents of the town for three months preceding said election shall be entitled
to vote at said election.
[Side note: Election for town officers -- when and where held.]
[Side note: Term of office.]
Sec. V. Be it further enacted, That any two freeholders in said town
and citizens of the same, who are qualified by the laws of this State to hold
and manage elections for members of the General Assembly, may hold and manage
said election. Said managers shall take the oath required by the statutes of
this State of all managers of elections held for State or county officers, shall
receive and count the votes cast at said election, shall keep two lists of
persons voting and two tally sheets, and shall deposit at the close of the
election one list of voters and one tally sheet, both certified to be true and
correct, in the office of the clerk of council, to be by him kept for
inspection; also, when said managers have finished the count they shall give to
the persons receiving the highest number of votes cast, certificates under their
hand and seal of election as mayor or councilmen as the case may be.
[Side note: Election -- by whom held.]
Sec. VI. Be it further enacted, That the mayor and each councilman
Page: 293
before entering upon the duties of his office shall be required to take and
subscribe the following oath: "I do solemnly swear that I will well and truly
perform the duties of mayor (or councilman as the case may be,) of the town of
Sumner, as in my judgment shall best promote the general welfare of the
inhabitants of said town and the common interest thereof, so help me God."
[Side note: Official oath.]
Sec. VII. Be it further enacted, That the said mayor and councilmen
may appoint one of their number mayor pro tem., who shall have authority
to discharge the duties of mayor whenever from sickness, absence from the town,
or other cause, the mayor is unable to act, that a majority of them shall
constitute a quorum for the transaction of business.
[Side note: Mayor pro tem.]
Sec. VIII. Be it further enacted, That the mayor and councilmen shall
have power to elect a clerk and marshal and any other officers, and define the
duties of such clerk, marshal and other officers, to require such security for
the faithful performance of duty and make, adopt and pass and enforce all such
rules and regulations as may be essential to their own government as mayor and
council.
[Side note: Clerk and marshal -- how elected.]
Sec. IX. Be it further enacted, That said mayor and council shall have
power within said town to lay off, vacate, alter, improve, and keep in good
order and repair the streets, roads, alleys and sidewalks for the use of the
public and citizens of said town; to establish and regulate markets; to prevent
injury or annoyance to the public or individuals from anything dangerous,
offensive or unwholesome; to protect the property of persons or citizens of said
town from injury; to preserve peace and good order and for this purpose to
appoint, when necessary, a police force to assist the marshal in the discharge
of his duties; to provide a revenue for said town in such manner and by such
taxes as may be levied in accordance with the Constitution and laws of this
State, and to carry into effect all the powers enumerated heretofore and by this
Act conferred upon said corporation and mayor and council of this Act;
provided, that nothing in this section shall be taken to be a repeal of any
part of the Act entitled "An Act to order an election to determine if the sale
of intoxicating liquors, malt drinks, or intoxicating spirits of any kind, shall
be prohibited in the county of Worth, State of Georgia," approved September 29,
1881, and now of force in said county.
[Side note: Jurisdiction over streets, etc.]
[Side note: Other powers defined.]
Sec. X. Be it further enacted, That the said mayor and council shall have power to make and pass all needful orders, by-laws, ordinances, rules and regulations not contrary to the Constitution and laws of this State, and to prescribe, impose and enact reasonable fines, penalties, and imprisonments in the county jail of the county, or such other place as the corporate authorities may provide for a violation of the same or any part thereof; provided, however, no fine shall exceed in amount twenty dollars, or imprisonment exceeding ten days; and it shall be lawful for the purpose of enforcing said ordinances of said town, in lieu of fine or imprisonment, said penalty may be to work on the streets, not to exceed twenty days at any one time for one penalty, provided, that the corporate authorities alone shall be liable for the jail fees of all persons confined therein for violation of city laws, and provided, further, that the
Page: 294
jailor shall not be compelled to receive any city prisoners until
satisfactory arrangements have been made by the corporate authorities for the
fees.
[Side note: May pass all needful by-laws.]
Sec. XI. Be it further enacted, That
all male citizens of said town
not under sixteen years of age, nor over fifty years of age, are
hereby made
liable to road and street duty, and shall, if required by council, work not
exceeding fifteen days in one year and not exceeding five days in one month, by
himself or an accepted substitute, on the streets, roads, sidewalks or alleys of
said town, under the direction of such superintendent or superintendents of
street work as the council may appoint, or he may be released from such work
upon payment of such amount as may be fixed by council as commutation street
tax, and all funds arising from this source or in the matter of streets shall be
applied only to the repairs of streets, sidewalks, alleys and the improvements
of the same.
[Side note: Who shall work streets.]
[Side note: Commutation tax.]
Sec. XII. Be it further enacted, That the mayor shall be chief
executive officer of said town; that he shall preside at all meetings of the
council, and in cases of a tie give the casting vote; that he shall preside at
all police courts, for the trial of offenders and violators of the ordinances,
and shall hear and determine the same, and upon the trial of such offenders, he
shall punish such by fine, imprisonment, or both, as in his discretion shall
seem just, or in lieu of fine and imprisonment, he may sentence him to work on
the streets, and in case of fine being imposed, said mayor shall have power to
enter up judgment against the offender for the amount of the fine imposed, or
for taxes assessed and unpaid, and cost of proceedings; and it shall be the duty
of the clerk of council to issue execution thereon, directed to all and singular
the marshal of Sumner, and constables of this State, which execution shall bear
test in the name of the mayor, and may be levied upon any property of the
defendant in this State subject by law to levy and sale, and the same laws,
rules and regulations which govern constable's sales in this State shall govern
marshal's and constable's sales made under the provisions of this Act.
[Side note: Chief executive -- his duties as such.]
[Side note: May fine or imprison.]
[Side note: Execution for fines or unpaid taxes.]
[Side note: Sales under.]
Sec. XIII. Be it further enacted, That within the corporate limits of
said town the said mayor shall be ex officio justice of the peace for the
purpose of administering oaths, and also for the purpose of issuing warrants for
offenses committed in said town against the State or individuals, and shall have
power to sit as a court of inquiry, and of binding or committing to jail the
offenders, to appear before any court having jurisdiction of the same; that said
mayor sitting as judge of the police court or as a court of inquiry, shall have
power to punish for a contempt by a fine not to exceed ten dollars or an
imprisonment not to exceed three days.
[Side note: Ex-officio justice of the peace -- his powers as such.]
Sec XIV. 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 9, 1883.
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:
303Sequential Number: 237
Short Title: TO
INCORPORATE THE TOWN OF TY-TY, IN WORTH COUNTY.
Law Number: No. 109.
Full Title: An Act to incorporate the town of Ty-Ty, in the county of Worth, and for other purposes.
Section I. Be it enacted by the General Assembly of the State of Georgia,
That the town of Ty-Ty, in the county of Worth, be, and the same is hereby
incorporated as a town, under the name of the town of Ty-Ty.
[Side note: Ty Ty incorporated.]
Sec. II. Be it further enacted by the authority aforesaid, That the
corporate limits of said town shall extend one-half mile in
every direction from
the depot of the Brunswick and Albany railroad in said town.
[Side note: Corporate limits.]
Sec. III. Be it further enacted by the authority of the same, That
W.
E. Williams be, and he is hereby appointed mayor; and John Murrow,
William F.
Ford, W. D. Brady and James Branch be, and they are hereby appointed councilmen
of said town of Ty-Ty, to hold their offices until the first annual election as
hereinafter provided.
[Side note: Officers of.]
[Side note: Shall serve until when.]
Sec. IV. Be it further enacted, That on the second Wednesday in
January next, and annually thereafter on the same day, an election shall be held
in the council chamber in said town for a mayor and four councilmen, who shall
hold their offices for one year and until their successors are elected and
qualified; but no one shall vote for or be eligible to the office of mayor or
councilman of said town who does not reside within the corporate limits thereof
and who is not qualified to vote for members of the General Assembly of this
State. Said election shall be held and conducted in the same manner as elections
for county officers in this State, and the certificate of the managers shall be
sufficient authority to the persons elected to enter on the discharge of the
duties of the offices to which they have been elected.
[Side note: Election for officers.]
[Side note: Terms of.]
[Side note: Who eligible.]
[Side note: Manner of holding election.]
[Side note: Certificates of election.]
Sec. V. Be it further enacted, That before entering on the discharge
of their duties, the mayor and each councilman shall subscribe the following
oath, which may be administered by any person authorized by the laws of this
State to administer oaths: "I do solemnly swear that I will faithfully discharge
all the duties devolving on me as mayor or councilman (as the case may be,) of
the town of Ty-Ty, according to the best of my ability and understanding, so
help me God."
[Side note: Oath of office.]
Sec. VI. Be it further enacted, That the said mayor and councilmen
shall have power and authority to elect such marshals, clerks and other
subordinate officers as they may deem necessary for carrying into effect the
powers herein conferred upon them; to prescribe the fees and duties of such
subordinate officers and require such bonds for the faithful performance of
their duties as they may deem necessary and proper.
[Side note: Other offices.]
[Side note: How and by whom elected.]
[Side note: Duties.]
[Side note: Bonds.]
Sec. VII. Be it further enacted, That the mayor and each of said councilmen shall be ex officio a justice of the peace, and shall have
Page: 304
full power and authority to issue warrants for any offense committed within
the corporate limits of said town, and shall have power to compel the attendance
of witnesses; to examine them under oath; to admit any offender to bail or
commit him to jail for violation of the laws of the State and to admit to bail
or commit to the guard-house for violation of the ordinances of said town.
[Side note: Ex-officio justice of the peace.]
[Side note: Powers and duties as such.]
Sec. VIII. Be it further enacted, That said mayor and councilmen shall
have power and authority to pass all ordinances and by-laws that they may deem
necessary for the government of said town; provided, they be not
repugnant to the Constitution and laws of this State nor the United States, nor
any local law of Worth county.
[Side note: By-laws, etc.]
Sec. IX Be it further enacted, That the said mayor and councilmen
shall have power to levy and collect a tax of not exceeding three-tenths of one
per cent. upon all property, both real and personal, within the corporate limits
of said town. They shall also have the power to require all persons within the
corporate limits who are subject to road duty under the laws of this State to
work on the streets of said town, or they may prescribe a commutation tax, which
may be paid in lieu of work on the streets.
[Side note: Taxing powers.]
[Side note: Street working.]
[Side note: Commutation tax.]
Sec. X. Be it further enacted, That the mayor of said town, or in his
absence the mayor pro tem. (who shall be elected by the councilmen from
their own number), shall be the chief executive officer of said town. He shall
see that ordinances, by-laws, rules and orders of the council are faithfully
executed. He shall have control of the police of said town, and may appoint
special police whenever he may deem necessary; and it shall be his duty
especially to see that the peace and good order of the town are preserved, and
that the persons and property therein are protected, and to this end he may
cause the arrest and detention of all riotous and disorderly persons in said
town. He shall have power to issue executions for all fines, penalties and costs
imposed by him, or he may require the immediate payment thereof, and in default
of immediate payment he may imprison the offender in the guard-house of said
town not exceeding thirty days
[Side note: Chief executive -- his powers and duties.]
Sec XI Be it further enacted, That if at any time the office of mayor or councilman shall become vacant, by death, resignation or otherwise, the remaining members of the council may fill such vacancy by appointment from among the citizens of said town eligible to such office under the provisions of this charter.
Sec. XII. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this Act be, and the same are hereby repealed.
Approval Date: Approved August 28, 1883.
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:
431Sequential Number: 134
Short Title:
AMENDING CHARTER OF TOWN OF ACREE.
Law Number: No. 425.
Full Title: An Act to amend an Act incorporating the town of Acree, on the line of Dougherty and Worth counties, and for other purposes therein named, approved December 18, 1889, by enlarging and extending the corporate limits of said town, so as to include therein certain adjacent territory in Worth county.
SECTION I. Be it enacted by the General Assembly of the State of Georgia, and
it is hereby enacted, That the corporate limits of the town of Acree, on the
line of Dougherty and Worth counties, as defined in section 2 of the above
recited Act, be and the same is hereby enlarged and extended, so as to embrace
and include the following described territory, situate, lying and being in the
county of Worth, to-wit: Beginning at the northeast corner of the present
corporate limits and running due east four hundred and forty-five (445) yards;
thence due south to
Piney Woods creek; thence along said Piney Woods
creek in a
southwestern direction to the dividing line of Dougherty and Worth counties;
thence north along said county line to the present southern boundary line of
said town.
[Side note: Corporate limits extended.]
SEC. II. Be it further enacted, That all the powers, jurisdiction, rights and
authority vested in the officers of said town of Acree, under and by virtue of
the above named original Act of which this is amendatory, are hereby extended
over the above described territory.
[Side note: Powers, etc. vested in town officers by Act incorporating
town extended over new territory.]
SEC. III. Be it further enacted, That all laws and parts of laws in conflict herewith are hereby repealed.
Approval Date: Approved September 12, 1891.
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:
817Sequential Number: 265
Short Title:
INCORPORATING THE TOWN OF SYCAMORE.
Law Number: No. 524.
Full Title: An Act to incorporate the town of Sycamore in the county of Irwin, and for other purposes connected therewith.
SECTION I. Be it enacted by the General Assembly of Georgia, That from and
after the passage of this Act, the town of Sycamore in the county of Irwin, be,
and the same is, hereby incorporated, and that the corporate limits of said town
of Sycamore shall extend one-half of a mile in every direction, from the hotel
known as the "Dopson House" in said town, except that on the west the corporate
limits shall only extend to the line of Worth county.
[Side note: Town of Sycamore incorporated.]
[Side note: Corporate limits.]
SEC. II. Be it further enacted, That
H. W. Bussey be, and he is, hereby
appointed mayor, and
W. B. Dasher, A. G. DeLoach,
E. R. Smith,
W. A. Story, H.
W. Cockrell be, and they are, hereby
appointed aldermen of said town of
Sycamore, to hold their office until the annual election, as hereinafter
provided.
[Side note: Temporary mayor and aldermen.]
SEC. III. Be it further enacted, That the first annual election for mayor and
aldermen shall be held on the second Thursday in September, 1892, and on the
same day in each year thereafter. The voters at said election shall be all those
residing in said town who are entitled to vote for members of the General
Assembly of this State, shall be entitled to vote for a mayor and five aldermen,
which election, held annually on said day, shall be held in said town, and in
the manner and under the same rules and regulations as are elections for members
of the General Assembly, so far as they are applicable, the polls to be opened
and closed as at precincts.
[Side note: Elections for mayor and aldermen.]
SEC. IV. Be it further enacted, That the certificate of the managers of the election shall be proof of election, and that before entering upon the duties of their office the mayor and aldermen shall each make and subscribe the following oath: "I do solemnly
Page: 818
swear that I will well and truly perform the duties of mayor (or alderman, as
the case may be) of the town of Sycamore, as in my judgment will best promote
the general welfare of the inhabitants of said town and the common interest
thereof, and in accordance with the laws governing the same, so help me God."
[Side note: Certificates of election.]
[Side note: Oath of office.]
SEC. V. Be it further enacted, That all contested election cases shall be
heard before the managers of the election under such rules as may be prescribed
by the mayor and aldermen, and all vacancies in the Board of Mayor and Aldermen
occurring between elections by the people, shall be filled by the remaining
members of the board. The term of the mayor and aldermen, except when elected to
fill an unexpired term, shall be for one year and until their successors are
elected and qualified.
[Side note: Contested elections.]
[Side note: Vacancies.]
[Side note: Terms of office.]
SEC. VI. Be it further enacted, That said Board of Mayor and Aldermen shall
have full power and authority to alter the rules and regulations herein
prescribed for the management of elections, to pass all ordinances and by-laws
for the government of said town not in conflict with the laws of this State, or
of the United States, and to enforce the same by execution, by fine or
imprisonment, and may sentence in the alternative. Said board may provide for
trial of cases and offenders before the mayor and for an appeal from his
decision to the full board or a majority of them.
[Side note: Regulations as to elections may be altered.]
[Side note: Ordinances etc.]
[Side note: Trial and punishment of offenders, etc.]
SEC. VII. Be it further enacted, That said mayor and aldermen, a majority of
whom shall constitute a quorum, shall have power and authority to appoint all
officers they may deem necessary for the good of said town and to carry this Act
into effect; to compel all persons in said town liable to road duty to work on
the streets or pay a commutation fee in lieu thereof; to open streets where
deemed necessary; to levy and collect an ad Val Orem tax on all the
property in said town, and such special taxes upon drays, livery-stables,
peddlers, billiard tables, auctioneers and all like enterprises, as they may
deem best for said town.
[Side note: Quorum.]
[Side note: Subordinate officers.]
[Side note: Street working and tax.]
[Side note: Opening streets.]
[Side note: Ad Val Orem tax.]
[Side note: Special taxes.]
SEC. VIII. Be it further enacted, That said Board of Mayor and Aldermen by
their corporate name, Sycamore, shall have power to sue and be sued, plead and
be impeded with, and have and use all the powers granted by and embraced in
sections 774 to 797, inclusive, of the Code of 1882 of Georgia, which sections,
so far as not in conflict with anything herein stated, are embodied in and made
a part of this charter.
[Side note: General corporate and municipal powers.]
SEC. IX. Be it further enacted, That no person shall be eligible to the
office of mayor or alderman who has not reached the age of twenty-five years.
[Side note: Mayor and aldermen must be 25 years old or more.]
SEC. X. Be it further enacted, That no intoxicating, spirituous or malt
liquors shall ever be sold in said town.
[Side note: Sale of liquor prohibited.]
SEC. XI. Be it further enacted, That any person violating section 10 shall be
guilty of a misdemeanor, and on conviction shall be punished as prescribed in
section 4310 of the Code.
[Side note: Penalty for selling liquor.]
SEC. XII. 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 September 29, 1891.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1912
PART IV.--RESOLUTIONS.
1912 Vol. 1 -- Page:
1587Sequential Number: 342
Short Title:
RELIEF OF J. D. BRIDGES.
Law Number: No. 50.
Type: A RESOLUTION.
Be it resolved by the House of Representatives, the Senate concurring, that
WHEREAS, Lula Barber was accused and indicted for the offense of keeping in a
public place of business whiskey for the purpose of illegal sale, and another
indictment for the offence of selling whiskey in the County of Worth; and,
[Side note: Relief of J. D. Bridges.]
WHEREAS, she entered into a recognizance in the sum of one hundred dollars in each of the above cases and each of said bonds was signed by J. D. Bridges as security; and,
WHEREAS, said bonds were forfeited at the January term of Worth Superior Court, and,
WHEREAS, rule absolute and final judgment was taken on said bond on May 11th, 1912, when there was no jury in attendance on the Court, that the defendant Lula Barber has since the surrender above set forth been convicted and sentenced in said cases; and,
WHEREAS, the defendant Lula Barber has been surrendered to the Sheriff by J. D. Bridges and is now in the custody of the Sheriff in the jail of Worth County;
Page: 1588
Therefore be it resolved, That the Clerk of Worth Superior Court and the Sheriff of Worth County be and they are now directed to surrender up and cancel the execution issued upon the above bond forfeitures upon the payment by J. D. Bridges of all Court costs accruing by reason of said forfeiture. The affidavit of
C. E. Hay, hereto attached marked exhibit "A" is also a part of this resolution.GEORGIA, WORTH COUNTY.
Personally appeared before me
C. E. Hay, who being first duly sworn, on oath says that Lula Barber, the principal named in two certain appearance bonds in the penal sum of $100.00 each, one of said bonds being to answer to the offense of keeping whiskey in a public place of business and the other to answer to the offense of selling whiskey, both of which bonds were signed by J. D. Bridges as security and forfeited in Worth Superior Court at the January term, 1912, and from which forfeiture final judgment was entered against said J. D. Bridges on May 11th, 1912, is now in the county jail of Worth County and in custody of L. A. Potts, Sheriff of said county; the said Lula Barber having been so surrendered to the Sheriff by the said security, J. D. Bridges.This affidavit is made for the use of the Representative of Worth County before the General Assembly of Georgia, or its appropriate committee, with reference to a resolution to be introduced in the House of Representatives to relieve the said
J. D. Bridges from the payment of each of said judgments on the scire facias in the two said bond forfeiture cases. .
Page: 1589
Sworn to and subscribed before me this 17th day of July, 1912.
,N. P. Worth County, Georgia.
Approval Date: Approved August 19, 1912.
ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1914
PART II.--LOCAL LAWS
TITLE I. CITY AND COUNTY COURTS.
1914 Vol. 1 -- Page: 215
Sequential Number: 092
Short Title:
SYLVESTER CITY COURT ESTABLISHED.
Law Number: No. 476.
Full Title: An Act to establish the city court of Sylvester, in and for the county of Worth, to define its jurisdiction and powers; to provide for the election of a judge and solicitor and other offices thereof; to define their powers and duties; to provide for pleadings and practice, and new trials in said court, and writs of error there from to the court of appeals, and for its ratification by the voters of Worth County, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That the city court of Sylvester, to be located in the county of Worth, is hereby created and established, with civil and criminal jurisdiction over the whole county of Worth, concurrent with the superior court,
Page: 216
to try and dispose of all civil cases of whatsoever nature, except those of
which the constitution of the State of Georgia has given the superior court
exclusive jurisdiction. That the jurisdiction herein conferred shall include not
only the ordinary suits by petition and process, but also all other kinds of
suits and proceedings which now or may hereafter be in use in the superior
court, either under the common law or by statute, including among others
attachment and garnishment proceedings, illegalities, counter-affidavits to any
proceeding of said court, statutory awards, proceedings against intruders and
tenants holding over, petitions of personality, issues upon distress warrants,
foreclosures of all liens and mortgages and quo warrantos; provided, that
said court shall not have jurisdiction to try or to dispose of any matters over
which the laws of the State of Georgia now give justice's court jurisdiction.
[Side note: City court of Sylvester established.]
[Side note: Jurisdiction defined.]
SEC. 2. Be it further enacted by the authority aforesaid, That the said city
court of Sylvester shall have jurisdiction to try and dispose of all criminal
cases when the offense charged is below the grade of felony, and when committed
within the county of Worth.
[Side note: Criminal Jurisdiction]
SEC. 3. Be it further enacted by the authority aforesaid, That there shall be
a judge of the city court of Sylvester, who shall be elected by the qualified
voters of the county of Worth, at the next general election for county officers
in October, 1914, and whose term of office shall be for a period of four years,
beginning January 1st, 1915, and until his successor is elected and qualified;
Provided, that all vacancies in the office of judge which may arise by
death, resignation, removal or otherwise, shall be filled by appointment by the
Governor of the State of Georgia until the next general election of State and
county officers.
[Side note: Judge to be elected.]
[Side note: Term of office.]
[Side note: Vacancies filled by appointment of Governor.]
SEC. 4. Be it further enacted by the authority aforesaid, That the judge of
the city court of Sylvester shall receive a salary of twelve hundred dollars per
annum.
[Side note: Judge's salary.]
SEC. 5. Be it further enacted by the authority aforesaid,
Page: 217
That no one shall be eligible to the office of said
judgeship unless he be at
the time of his qualifications at least twenty-five
years of age, and must have
been a resident of the county of Worth five years immediately preceding his
election, and he must have also been a practicing attorney four years, and he
shall, before entering upon the duties of his office, take and subscribe the
following oath: "I do solemnly swear that I will administer justice without
respect of person, and do equal right to the poor and rich, and that I will
faithfully and impartially perform all duties which may be required of me as
judge of the city court of Sylvester, of this State, according to the best of my
ability and understanding, agreeably to the laws and constitution of this State,
and the United States, so help me God," and said oath shall be forwarded to the
Governor and filed in the executive department. Said judge shall not practice
law in Worth County.
[Sidenote: Eligibility of judge.]
[Side note: Oath of judge.]
SEC. 6. Be it further enacted by the authority aforesaid, That the judge of the city court of Sylvester shall have the authority to issue criminal warrants, to dispossess tenants holding over and intruders, to issue distress warrants, attachments and garnishments, to attest deeds, mortgages, take affidavits, to issue any other writs, warrants, orders and process, the power of which is not given exclusively to some other court, judge or officer by the constitution of the State. Said judge shall have power to issue writs of habeas corpus, hear and determine the same, cause testimony to be taken and used de bene esse, and for the purpose of perpetuating testimony within his jurisdiction in all cases according to the general laws of this State, and generally to do all acts which the judges of the superior court and county court are authorized to do, and shall have all authority and power throughout his jurisdiction as the judges of the superior court have, except where, by the constitution, exclusive power and authority is vested in the judges of the superior courts; and the laws relating to and governing the judges of the superior courts shall apply to the judge of said city court, insofar as the same may be applicable. Said judge shall also have the
Page: 218
power to try all possessory warrants, preserve order, punish for contempt,
and to enforce all his judgments in the same manner as the judges of the
superior courts of this State, and shall have the same jurisdiction in the
matter of contempt as the judges of the superior courts of this State. Said
judge shall have the same jurisdiction and authority within the limits of his
jurisdiction as judges of the superior court to hold courts of inquiry, and to
commit the defendants, assess bail, etc.
[Side note: Powers of judge.]
SEC. 7. Be it further enacted by the authority aforesaid, That when the said
judge of the city court of Sylvester should for cause be disqualified to preside
in any case pending therein, any judge of the superior court or any of any city
court of this State shall preside therein, and in case no qualified judge is
present to preside in said case, then a judge pro hac vice may be
selected to preside in such case or cases under the rules prescribed in the
superior courts of this State.
[Side note: Disqualification of judge.]
SEC. 8. Be it further enacted by the authority aforesaid, That there shall be
a solicitor for the city court of Sylvester, who shall be elected at the same
time and in the same manner and whose term of office shall begin and end at the
same time as is herein provided for the election of the judge of the city court
of Sylvester. Said solicitor shall hold his office for the term of four years
and until his successor has been elected and qualified. All vacancies shall be
filled in the same manner as vacancies are filled in the office of judge. The
solicitor of the city court of Sylvester shall receive a salary of nine hundred
dollars per annum.
[Side note: Solicitor to be elected.]
[Side note: Term of office.]
[Side note: Vacancy, how filled.]
[Side note: Salary of solicitor.]
SEC. 9. Be it further enacted by the authority aforesaid, That any person to be eligible to the office of solicitor of the city court of Sylvester must, at the time of his election, have been twenty-one years of age, a resident of Worth County at least two years immediately preceding his election, and he must have been a practicing attorney at least two years before his election. He shall take the oath of office required of the solicitor-general of the superior courts of this State, and shall take all accusations
Page: 219
for the trial of offenses in said city court; prosecute all offenses in said
court, and as far as applicable, his duty in said court shall be the same as the
solicitor-general in the superior court. He shall represent the State in each
case carried to the appellate court. In the absence or disqualification of the
solicitor, the judge of the said court shall appoint a solicitor pro tem.,
who shall receive the same salary as allowed the regular solicitor of this
court.
[Side note: Eligibility of solicitor.]
[Side note: Oath of solicitor.]
[Side note: Duties of solicitor.]
[Side note: Solicitor pro tem.]
SEC. 10. Be it further enacted by the authority aforesaid, That the solicitor
of said city court of Sylvester shall receive for his services in the court of
appeals the same fees as the solicitor-general of the superior courts are paid
for like services, the same to be paid out of the State treasury and in the same
manner as the solicitor-generals of the superior courts of this State are paid
for like services rendered in the court of appeals.
[Side note: Fees for services in court of appeals.]
SEC. 11. Be it further enacted by the authority aforesaid, That the clerk and
his deputies of the superior court of Worth County shall be ex-officio
clerk of the city court of Sylvester, and in his official connection with said
court, shall be known as the clerk of the city court of Sylvester. Said clerk
shall, before entering upon the duties of his office, take and subscribe an oath
to faithfully discharge the duties of said clerk, which oath shall be entered
upon the minutes of said city court. Said clerk shall also before entering upon
the duties of said office, execute a bond in the sum of one thousand dollars for
the faithful discharge of the duties imposed upon him by virtue of said office.
[Side note: Clerk and deputy clerk.]
[Side note: Oath of clerk.]
[Side note: Bond of clerk.]
SEC. 12. Be it further enacted by the authority aforesaid, That the sheriff of Worth County shall be ex-officio sheriff of the city court of Sylvester, and in his official connection with said court, shall be known as the sheriff of said city court of Sylvester. Before entering upon the discharge of the duties as such officer, said sheriff shall enter into a bond in the sum of one thousand dollars for the faithful performance of the duties imposed upon him by virtue of said office. He shall have the same authority to
Page: 220
appoint deputies as he now has or may hereafter have by law as the sheriff of
Worth County.
[Side note: Sheriff.]
[Side note: Bond of sheriff.]
[Side note: Deputy sheriffs.]
SEC. 13. Be it further enacted by the authority aforesaid, That all duties
and liabilities attached to the office of the clerk of the superior court and to
the office of the sheriff shall be attached to the office of clerk of the city
court of Sylvester and sheriff of the city court of Sylvester, respectively; and
the judge of the said city court of Sylvester is empowered to enforce the same
authority over said clerk and sheriff and their deputies as is exercised by the
judges of the superior courts over the clerks of the superior court and sheriffs
of the counties of Georgia.
[Side note: Duties and liabilities of clerk and sheriff.]
SEC. 14. Be it further enacted by the authority aforesaid, That the clerk of
said city court of Sylvester shall receive in all civil business prosecuted in
said city court, two-thirds of the fees which the clerk of the superior court
receives when the amount involved is less than five hundred dollars, and the
said clerk shall not be required to keep a final record of cases where the
amount involved is less than five hundred dollars, in said court. In all other
instances, the clerk of the said city court of Sylvester shall receive the same
fees as the clerks of the superior courts of this State; his duties relating to
the records of the proceedings in said city court of Sylvester shall be the same
as in the superior court, where the amount involved is five hundred dollars or
more; and the said clerk is hereby entitled to the same remedies to enforce the
collection of their fees in the said city court as they are now entitled to in
the superior courts of this State.
[Side note: Fees of clerk.]
SEC. 15. Be it further enacted by the authority aforesaid, That the sheriff of said city court of Sylvester shall receive in all civil business prosecuted in said court the same fees as are now paid to the sheriff in the superior courts of this State, except that no costs shall be paid the sheriff for verdicts rendered by a jury, and the said sheriff shall receive only one dollar for the settlement of fi. fas. where the amount is less than five hundred dollars. Where the amount involved is five hundred dollars or more,
Page: 221
the said sheriff shall receive the same fees as he is entitled to where the
action is brought in the superior court.
[Side note: Fees of sheriff.]
SEC. 16. Be it further enacted by the authority aforesaid, That all moneys of
whatsoever description paid into said city court of Sylvester on account of
criminal business shall be turned over to the treasurer of Worth County by the
officers of said city court collecting the same, and that the salaries of the
solicitor, clerk, sheriff and stenographer of said city court, and the costs of
the justices of the peace and notaries public who are ex-officio justices
of the peace and constables, the payment of which is provided in this Act, be
paid to such officers of said city court by said treasurer of Worth County on
the first day of each month, beginning on the first day of February, 1915, and
the costs of such justices of the peace and notaries public who are
ex-officio justices of the peace and constables be paid by said treasurer as
the same become due; provided, however, that the amounts so paid as
salaries to said officers shall in no event exceed the amount of money paid into
the treasury of Worth County from said city court, together with the total fines
fixed in alternative sentences of said court, which amounts shall be totaled by
the clerk of said city court and furnished to the treasurer of said county by
the thirty-first day of December of each year.
[Side note: All moneys to be paid to county treasurer.]
[Side note: Salaries paid monthly by county treasurer.]
[Side note: Salary payments, how limited.]
SEC. 17. Be it further enacted by the authority aforesaid, That in all
criminal cases settled upon payment of cost, either by defendant or prosecutor,
the cost shall be the same as in the superior courts of this State in similar
cases, and collected and taken charge of by the sheriff of said city court, and
all sums of money so collected shall be paid to the treasurer of the county of
Worth.
[Side note: Costs in criminal cases.]
SEC. 18. Be it further enacted by the authority aforesaid, That the clerk of said city court of Sylvester shall receive as full compensation for all services rendered in connection with the criminal business of said city court, the sum of four hundred and fifty dollars per annum; that the sheriff of said city court shall receive as full compensation
Page: 222
for all services rendered in connection with the criminal business in said
city court the sum of six hundred dollars per annum.
[Side note: Compensation of clerk and sheriff limited.]
SEC. 19. Be it further enacted by the authority aforesaid, That there shall
be a stenographer of the city court of Sylvester appointed by the judge thereof,
and all civil cases in said court shall be reported at the request either of
plaintiff or defendant, and the fees for reporting such cases be three-fourths
of the amount as are allowed for similar services in the superior court, to be
paid by the defendant and the plaintiff equally. Said stenographer shall have
the right to enforce the payment of his fees as in the superior court. Said
stenographer shall also report all criminal cases when either the defendant or
State attorney demands it, and whenever the judge in his discretion shall
require any criminal cases reported, whether either party demands it or not.
Said stenographer shall receive as full compensation for his services in
reporting and transcribing the records in connection with the criminal business
in said city court, one-third of the amount provided by law for the
stenographers of the superior courts of this State for the same amount of work,
and who shall be paid out of the treasury of this county and in the same manner
that superior court stenographers are paid.
[Side note: Stenographer to be appointed by judge.]
[Side note: His fees.]
[Side note: Payment enforceable.]
[Side note: Reports of criminal cases.]
[Side note: Compensation of stenographer in criminal cases.]
SEC. 20. Be it further enacted by the authority aforesaid, That the salaries
of all officers of the said city court of Sylvester as herein provided shall be
paid to said officers in monthly installments, beginning February the first,
1915, to be paid out of the treasury of Worth County by the person or persons
charged by law with paying out the moneys of said county.
[Side note: Salaries payable monthly.]
SEC. 21. Be it further enacted by the authority aforesaid, That in all instances in which defendants against whom warrants have been sworn out are committed they shall be bound over by the justices of the peace and notaries public, who are ex-officio justices of the peace of said county, to the city court of Sylvester in all misdemeanor cases, and the costs of said justices of the peace and notaries
Page: 223
public who are ex-officio justices of the peace, and the constables;
in all such cases, when the defendants are finally convicted, or settled upon
payment of the costs, whether he be fined or sentenced to the chain gang, shall
be paid their costs, as is now provided by law, by the treasurer of said county
to such justices of the peace, notaries public or constables.
[Side note: Binding over of accused in misdemeanor cases.]
[Side note: Costs of justices and constables, how paid.]
SEC. 22. Be it further enacted by the authority aforesaid, That there shall
be quarterly terms of said city court of Sylvester, to be held on the first
Mondays in March, June, September and December of each year, for the transaction
of civil and criminal business by said city court, and to continue until the
business of said court is disposed of, unless sooner adjourned.
[Side note: Quarterly terms of the court.]
SEC. 23. Be it further enacted by the authority aforesaid, That there shall
be monthly terms of said city court, which shall be held on the first Monday in
each month, which terms shall in all respects be the same as the quarterly
terms, except that no juries shall be required at the monthly terms, unless that
in the discretion of the judge, the attendance of such juries may be necessary
to such extent as to require the attendance of juries at such monthly terms.
[Side note: Monthly terms.]
SEC. 24. Be it further enacted by the authority aforesaid, That for the
purpose of receiving pleas of guilty in criminal cases, and for the purpose of
trying any criminal cases in said city court of Sylvester, in which the
defendant requests a trial by the court without the intervention of a jury, said
court shall at all times be open and authorized to try and dispose of the same.
[Side note: Court always open for what purposes.]
SEC. 25. Be it further enacted by the authority aforesaid, That the practice and procedure in said city court of Sylvester shall be in all respects the same as in the superior court; the time of filing suits, pleas and answers, calling the appearance docket, entering judgments of in default, the rules of opening default judgments, time of hearing and disposing of demurrers, shall in all respects where not