Perry Street Improvements.

Affidavit of

to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided in Sections 880, 1169, 1170, 1171, 1172, of the Code of Georgia of 1910; provided that the defendant shall have the right to file an affidavit denying that the the whole or any part of the amount for which said execu- illegality. tion issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All affidavits (and the foregoing and following provisions shall apply to the street or steam railroads against whom execution shall be issued for the cost and expense of paving) shall set out in detail the reasons why the affidavit claims the amount is not due, and, when received by the City Marshal or Chief of Police, shall be returned to the Return for Superior Court of Houston County, Georgia, and there be tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay under the Code of Georgia. The failure of the said Treasurer or Clerk to publish said notice of maturity of any installment of said assessment and interest shall in nowise affect the validity of the assessment and interest and the execution issued therefor.

trial.

Sec. 13. Be it further enacted by the authority aforesaid, that no suit shall be sustained to set aside any such Limitation of assessment or to enjoin the said Mayor and Aldermen from making any such assessment or levying or collecting any such assessments, or issuing such bonds or providing for their payment as herein authorized, or contesting the validity thereof on any ground or for any reason, other than the failure of the Mayor and Aldermen of the City of Perry to adopt and publish the preliminary resolution provided for in Section four of this Act, in cases requiring such resolution and its publication, and to give the notice of the hearing of the return of the appraisers as herein provided for, unless such suit

Repaving,

etc.

Assessments to city, county and state.

Perry Street Improvements.

shall be commenced within sixty (60) days after the passage of the ordinance making such final assessment; provided that in the event any special assessment shall be found to be invalid or insufficient in whole or in part for any reason whatsoever, the said Mayor and Aldermen may at any time in the manner provided for the levying an original assessment, proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Sec. 14. Be it further enacted by the authority aforesaid, that in all cases where said Mayor and Aldermen shall deem it necessary to repave, redrain, remacadamize, or otherwise improve any street, alley, avenue, lane, or other public place, which had been paved or improved prior to the passage of this law, or which shall have been heretofore paved, macadamized, or drained under the provisions of this Act, such pavement or improvement is hereby authorized to be done under and in pursuance of the provisions of this Act, and in such cases all provisions of this Act providing for making such improvements and levying assessments therefor and the issuance of bonds shall apply; provided, that in the judgment of said Mayor and Aldermen of the City of Perry the pavement is worn out and no longer serviceable.

Sec. 15. Be it further enacted by the authority aforesaid, that whenever the abutting landowners of any street, alley, avenue, or lane of said City petition the said Mayor and Aldermen as herein set out, or said Mayor and Aldermen pass the resolution provided for in Section four of this Act, for the pavement of any such street, avenue, alley, or lane or other public place, where the State or any of the political subdivisions is the owner of the property on said street, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment; and where the State is owner of the property, the Governor is authorized to sign any petition provided for in this Act for and in

Quitman Street Improvements.

behalf of the State; and where the County is the owner, the Chairman of the Board of County Commissioners of Houston County is authorized to sign in behalf of the County; and where the City of Perry is the owner, the Mayor of Perry is authorized to sign in behalf of the City.

Sec. 16. 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.

Approved March 27, 1926.

QUITMAN STREET IMPROVEMENTS.

No. 13, FIRST SESSION.

An Act to authorize and empower the Board of Commissioners for the City of Quitman to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the said city and to improve the same by paving, macadamizing, and draining the same; to require street and steam railroads in said streets and other public places to improve and pave the same between their tracks and two feet on either side thereof; to provide for the procedure of such grading, improving, and paving, and for making and collecting of assessments for the same, and for establishing a lien therefor; to provide for the payment of such grading, improving, and paving entirely by the abutting and adjacent property owners on the basis of ten per cent. yearly for ten (10) years; to provide for the issuance of bonds by the said Board of Commissioners, to be known as "Street Improvement Bonds," and for the payment of same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes.

Quitman Street Improvements.

Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Board of Commissioners of the City of Quitman is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, and other public places in the City of Quitman, and to improve the same by paving, macadamizing, and draining the same whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations prescribed in this Act.

Sec. 2. Be it further enacted by the authority aforesaid, that any street or steam railroad now having or which may hereafter have tracks running through or across the streets, avenues, alleys or lanes of said city, or other public places, shall be required by said Board of Commissioners to pave, macadamize, and drain the width of its track and two feet on each side of every line of track now constructed or that may hereafter be constructed by such railroad company. And if such railroad company shall fail or refuse to comply with the order of the said Board of Commissioners to make such improvements by paving, macadamizing, and draining the same after receiving thirty days' notice to do said work, such work may be done by said Board of Commissioners at the cost and expense of such railroad company, and such cost and expense shall be charged against such railroad company, and the Board of Commissioners for the City of Quitman shall be entitled to a lien for the full amount of such cost and expense against the property of such railroad company, which may be enforced against such property as hereinafter provided for enforcement of other liens for paving.

Sec. 3. Be it further enacted by the authority aforesaid, that whenever the said Board of Commissioners shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley,

Quitman Street Improvements.

lane, or any part thereof, within the limits of the City

of Quitman, said Board of Commissioners shall by resolu- Resolution. tion declare such work or improvement necessary to be

done, and such resolution shall be published in two (2) Publication. consecutive issues of a newspaper published and having a general circulation in the City of Quitman; and if a majority of the owners of the land liable to assessment to pay for such improvements of any such highway shall not, within thirty (30) days after the last publication of such resolution, file with the Clerk of said city their protest in writing against such improvement, then said Protest. Board of Commissioners shall have power to cause said improvement to be made and to contract therefor, and to levy assessments or liens provided for. Any number of streets, avenues, alleys, lanes, or other public places or parts thereof to be so improved may be included in one resolution, but any protest or objection shall be made as to each street or other highway separately; provided, however, that if a majority of the owners of the land liable to assessment for any such improvement shall petition the Board of Commissioners for such improvement of any street or part of street, alley, lane, or avenue owners. or other public place, describing in such petition the character of the improvement desired and the width of the same, it shall thereupon be the duty of said Board of Commissioners to promptly cause the said improvement to be made in accordance with the prayer of said petition, the said Board of Commissioners having, however, the right to determine the material with which such improvements shall be made and the manner of making the same, and in such cases the resolution hereinbefore mentioned shall not be required.

Petition of

Assessment

Sec. 4. Be it further enacted by the authority aforesaid, that the lots, pieces, or parcels of land fronting and abutting upon both sides of said improvements shall be pro rata. charged with the cost thereof according to the just pro rata of the entire cost of said improvement for the said frontage on the basis of lineal foot frontage; provided,