« ForrigeFortsett »
ruary in each and every year thereafter, assemble at the Court-house in said town, and elect by ballot five Commissioners for said town, which Commissioners so elected shall have been residents of said town for the space of three months immediately preceding their election, and shall hold their office for one year, and until their successors are elected. SECTION 3. And be it further enacted, That said Commissioners be and they are hereby declared a body corporate, under the name and style of "The Commissioners of the town of Buena Vista," capable of suing and liable to be sued, with power to pass all by-laws and ordinances, and appoint such officers as a majority of said Commissioners may deem necessary for the good government of said town: Provided, That said by-laws and ordinances be not repugnant to the Constitution and laws of this State: And provided further, That nothing herein contained shall be so construed as to exempt the citizens of said town from the ordinary road duty to which they are now subjected by the laws of this State.
SECTION 4. And be it further enacted, That the corporate jurisdiction of said Commissioners shall extend and may be exercised over all the lots in said town which have hereto. fore been laid off by the Commissioners elected by the citizens of said county to lay off the same.
SECTION 5. And be it further enacted, That in the event that no election shall be held for Commissioners on the day hereinbefore set apart, the same may be held on any other day, upon notice being given by the Clerk of the Inferior Court for ten days preceding the same; and three freeholders shall be competent to hold all elections for Commissioners of said town upon their taking and subscribing the oath usually administered to freeholders on managing elections in this State. SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.
Approved, January 26, 1850.
AN ACT to incorporate the town of Cartersville in the county of Cass.
SECTION 1. 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 aforesaid, That from and after the passage of this act, R. H. Cannon, W. W. ' Leak, Wm. H. Puckett, J. F. Sproull, and Coleman Pitts, be and they are hereby appointed Commissioners of the town of Cartersville in the county of Cass, and shall continue in office until their successors are appointed according to the provisions of this act.
SECTION 2. And be it further enacted, That on the first Saturday in January, eighteen hundred and fifty-one, and on the first Saturday in January in every year thereafter, it shall be lawful for all persons, inhabitants within the limits of said town, entitled to vote for members of the Legislature, to assemble at some convenient place in said town to be pointed out by said Commissioners, and under the superintendence of one Justice of the Peace and two freeholders of said county, elect by ballot five Commissioners, who shall continue in office one year, and until their successors are elected and qualified; which said Commissioners so elected shall be sworn truly and faithfully to execute and perform the duties of their office as town Commissioners of said town, a certificate of which shall be entered on the minutes of the Board; and if it shall so happen that said election shall not take place on the day so appointed, it shall be lawful for the same to be held on any other day, in the manner and form before prescribed, on ten days' notice being given at two or more public places in said town.
SECTION 3. And be it further enacted, That the afore-mentioned Commissioners, and their successors in office, shall have power and authority to pass all laws, rules and regulations, and adopt all ordinances of police, necessary to the health, peace and well being of the inhabitants of said town: Provided, The same shall not be repugnant to the Constitution. and laws of this State, or of the United States; and shall have full power and authority to appoint such officers as may be necessary to carry into effect such rules, regulations, and ordinances, which officers so appointed are hereby invested with full power to execute the duties of their respective offices.
SECTION 4. And be it further enacted, That said Commissioners, and their successors in office, shall have corporate jurisdiction over the extent of half a mile in every direction from the centre of said town, and shall have exclusive control of all patrols and persons liable to work on the roads. within the same.
SECTION 5. And be it further enacted, That said Commissioners shall have power to levy a tax not exceeding fifty per cent. upon the State tax, on all the inhabitants of said town: Provided, That no tax shall be levied as a corporation tax upon any farm or part of a farm (over and above one acre, including the house,) which may be embraced within said corporate limits.
SECTION 6. And be it further enacted, That all laws and parts of laws militating against this act be and the same are hereby repealed.
Approved, February 1, 1850.
AN ACT to amend an act entitled an act to extend and define the corporate limits of the town of West Point in Troup county, assented to the 26th day of December, 1835, so far as to make the fifth section thereof constitutional, and to secure the rights of the present owners of the bridge erected across the Chattahoochee river in said town, and for other purposes.
WHEREAS it is provided by the fifth section of the act of 26th December, 1835, that Abner McGehee, George Whitman, Edward Hancock, John Scott, sen., Francis M. Gilmer, N. C. Benson, John C. Webb, and Charles Pearson, be authorized to build a bridge across the Chattahoochee river at any point within the limits of said incorporation they may deem expedient, and that they be entitled to such tolls as are received by the existing ferry at that place; and whereas doubts are entertained of the constitutional validity of said fifth section on account of its want of conformity to the title and body of the act: for remedy thereof
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the fifth section of the act of 1835, recited and referred to in the title of this act, be and it is hereby declared to be in full force and effect, and that the present owners of said bridge, William B. S. Gilmer, James E. Scott, Benjamin S. Bibb, and Charles L. Gilmer, and others who may hereafter become owners thereof, be and they are hereby entitled to all the rights, privileges, enjoyments, and franchises, to which they would be entitled had said recited fifth section referred to in said act of 1835 been constitutional, and that all notes, bonds, and other obligations made to the West Point Bridge Company heretofore or hereafter, be considered valid and due to the owners of said bridge.
SECTION 2. Be it further enacted, That said Company shall be entitled to charge sixty cents for each wagon crossing said bridge, and drawn by six horses, mules or oxen, and otherwise the rates of toll to remain as before established.
SECTION 3. Be it further enacted, That no person or persons shall build a public bridge or ferry across said river within one mile and a half of said bridge at West Point, without the consent of the owners thereof: Provided, That the restriction herein contained shall not operate in any manner or form so as to prevent the extension of the Atlanta and Lagrange Railroad, by bridge or otherwise, across said river to the Alabama line, at or near West Point; and provided further, that the said restriction shall in no wise interfere with any of the rights and privileges heretofore grant
ed to the Montgomery and West Point Railroad Company. SECTION 4. Be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.
Approved, February 5, 1850.
AN ACT to provide for the removal of the present county site at Marion in the county of Twiggs, and to define the duties of the Inferior Court of Twiggs county in relation to the same.
SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That the Justices of the Inferior Court of Twiggs county shall publish in such places in the county as they shall deem expedient, an election at such places as elections are usually held in said county for members of the Legislature, which election shall be for the purpose of obtaining au expression of the wishes of the voters of said county upon the question of removal of the court-house from Marion, the present county site of the county of Twiggs, to such place on the lands formerly owned by Henry Solomon, in his life time, and near the residence of said Solomon, as the Inferior Court shall select and designate.
SECTION 2. And be it further enacted, That the said Justices of the Inferior Court shall designate the day for said election, and advertise said election thirty days previous to the time of holding the same.
SECTION 3. And be it further enacted, That the voters shall vote "Removal," or "No Removal," and if a majority of the votes shall be for removal, then the said Inferior Court shall contract for the building of the court-house and jail for said county, at such place to be designated by the said Justices of the Inferior Court, to the lowest bidder or bidders for doing the same.
SECTION 4. And be it further enacted, That the Inferior Court shall appropriate whatever sum or sums of money may be raised by voluntary contribution of the citizens of the county to the paying the expenses for the building of said court-house and jail at such place as may be designated by said Court as before pointed out, provided the owners of said land will sell and convey to said Court ten acres of land for the purpose aforesaid.
SECTION 5. And be it further enacted, That the said Court shall lay off said land in lots of such dimensions as they deem most advisable, and sell the same at such time and on such
terms as they deem advisable, and the proceeds of the said sale of said land shall be appropriated to the expenses of removal of said court-house and jail.
SECTION 6. And be it further enacted, That the said county site where the court-house is hereby intended to be removed shall be known and called "Marion."
SECTION 7. And be it further enacted, That all laws and parts of laws militating against the provisions of this act be and the same are hereby repealed. Approved, February 11, 1850.
AN ACT to incorporate the Cherokee College of Georgia, in the county of Floyd.
SECTION 1. 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 authority of the same, That John H. Lumpkin, Daniel R. Mitchell, A. T. Hardin, William T. Trammell, John W. Hooper, Alfred Shorter, Simpson Fouche, H. V. M. Miller, Thomas Hamilton, T. J. Stevens, Nathan Bass, Augustus R. Wright, and John A. Jones, and their successors, be and they are hereby constituted and appointed a body corporate, under the name and style of the Trustees of the Cherokee College of Georgia.
SECTION 2. And be it further enacted, That the said Trustees be and they are hereby authorized to have and use a common seal, and to alter the same at pleasure; and by their corporate name to sue and be sued, plead and be impleaded, in any Court of law or equity, and are hereby made capable of holding, purchasing, receiving and enjoying any lands, tenements and effects whatsoever, and of selling or otherwise disposing of the same for the benefit of said corporation, and also are hereby empowered to establish and alter at pleasure such by-laws and regulations as may be necessary for the management of the affairs and property of said corporation.
SECTION 3. And be it further enacted, That the said Trustees, a majority of whom shall constitute a quorum for the transaction of business, be and they are hereby authorized to establish in or near the city of Rome a College, to be known as the Cherokee College of Georgia, under such rules and regulations as they shall think best calculated to perpetuate the same and promote the study of the arts and sciences. SECTION 4. And be it further enacted, That the said Trustees shall have perpetual succession, and have power to fill all vacancies which may occur in their own body, to elect such professors and teachers as may be deemed expedient, and