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or and Council necessary that there should be any assistant Marshal, shall be allowed such compensation as the said Mayor and Council may think reasonable and just.

SECTION 9. And be it further enacted, That the Mayor of the city of Dalton shall receive such salary and emoluments as shall be ordained by the City Council.

SECTION 10. And be it further enacted, That the Mayor and Council are vested with authority to acquire by purchase or other legal manner any real estate for the proper use and benefit of said city, and to dispose of the same; and the said Mayor and Council shall have a house erected for the market and sale of beef, pork, chickens, turkeys, ducks, and all produce of the country, save corn, fodder, oats, rye; and it shall be the duty of all persons bringing such articles of meats, &c., to market, to bring and exhibit the same at the said market-house, and shall not offer for sale such article or articles until the hour of nine o'clock in the fall and winter months, and not until the hour of eight o'clock in the spring and summer months, under the penalty of such fines as the Mayor and Council may think proper to impose on such vender of pro

duce.

SECTION 11. And be it further enacted, That in all cases where the Mayor and Council shall assess and impose a tax or fine on any persons violating such by-laws and ordinances as may be adopted for the support and government of the city of Dalton, they shall direct the Marshal to collect the same; and should such person or persous refuse to pay such taxes or fines, it shall be the duty of the Secretary to issue fi. fas. against such defaulters, and to be directed to the Marshal, to collect by levy and sale of the defendant's goods and chattels, lands and tenements, &c., and to be advertised and sold in the manner and form of constables' sales for all sums under thirty dollars, and in the same manner and form as sheriff sales for all sums over thirty dollars, and that the Secretary shall have thirty-one and a quarter cents for all capiases so issued, from the defendants, and the Marshal the same.

SECTION 12. And be it further enacted, That the Mayor and Council of Dalton are authorized to grant license to vendue masters for said city, in such numbers as they may deem advisable, and to require of them the tax imposed by law; and that no person shall be allowed to sell any property at public outcry within the incorporate city of Dalton any goods or property of any description other than his own, except such auctioneers, under a penalty of five dollars.

SECTION 13. And be it further enacted, That the said Mayor and Council of Dalton shall impose and collect fines for all violation or infractions of the by-laws and police regulations which they may adopt for the peace, good order and dignity of said city, as well as the raising revenue: Provid

ed, said Mayor and Council shall not inflict any fine or fines on persons for offences which subject and render them liable to be indicted to the Superior Court of said county, but that the Mayor and each member of Council, during his term of office, are clothed with the authority of acting justices of the peace, so far as to authorize him or any one of them, within the corporate limits of said city, to bind over all persons charged with the violation of the laws of the State, to answer for such imputed offence to the Court having cognizance thereof, and to act as conservators of the peace.

SECTION 14. And be it further enacted, That the Mayor and Council shall have power to pass laws and ordinances for the control of slaves and free persons of color within the corporate limits of said city; also, to pass such ordinances as they may deem advisable for all hogs, dogs, horses, mules, and other stock straying at large within said corporate limits."

SECTION 15. And be it further enacted, That it shall be the duty of the Mayor and Council to direct the Marshal, on the first day of April next, and on the first day of April in each and every year thereafter, to examine all the weights and measures of all persons doing business within the corporate limits of Dalton as traders, and to have all such as are pronounced by the Marshal to measure and weigh the amount set forth by such trader stamped, and all who shall be found selling under false weights, or measuring with false measures, shall be fined by the said Mayor and Council five dollars, and shall not be allowed to vend any other goods or merchandize by weight or measure until they, the Mayor and Council, are satisfied of such vender's having standard weights. It shall be the duty of the Mayor and Council to procure standard weights and measures for the Marshal's guide.

SECTION 16. And be it further enacted, That the Mayor and Council may assess and collect a fine of five dollars on tenpin or ball alleys within the limits of said city, also the sum of ten dollars on all billiard tables within the limits of said city-on all double drays a tax of five dollars; single drays, two dollars; and that no person shall be allowed to haul any goods or merchandize to or from the depot without procuring license from the Mayor and Council, other than for himself, within the incorporate limits, under such fine and penalty as may be assessed by the Mayor and Council: Provided, Nothing shall be so construed in this section as to prevent wagoners from taking loading for merchants residing out of the corporate limits.

SECTION 17. And be it further enacted, That the Mayor and Council are hereby authorized to cause the persons within the corporate limits of said city, who are liable to perform road duty under the laws of this State to work upon the public roads, to work on the public streets at such time as

may be prescribed, for the improvement, repair and preservation thereof, the labor to be performed not to exceed fifteen days; and that any person residing and working on said streets or roads within the corporate limits of said city shall be liable to work on the roads without the limits of said city.

SECTION 18. And be it further enacted, That any and all persons residing within the corporate limits of said city, subject to perform road duty, who may have a desire to pay a special and separate tax for road and street repairs, other than working on the same, the Mayor and Council are hereby authorized and empowered to levy and receive from all such persons the sum of three dollars, to be collected and applied as before specified.

SECTION 19. And be it further enacted, That in case of a vacancy, occasioned either by death or removal, either with the Mayor or any member of the Council, [it shall be the duty of a majority of the Council] to advertise an election to fill such vacancy, and shall give ten days' notice of the same.

SECTION 20. And be it further enacted by the authority aforesaid, That all laws and ordinances herein contemplated and authorized are in no instance to militate against the laws of this State or of the Constitution of the United States; and that all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 23, 1850.

AN ACT to alter and amend an act entitled an act to alter and amend the several acts incorporating the city of Macon, approved December the 27th, 1847, and to abolish the office and duty of Assessors.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives 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 passage of this act, so much of an act entitled "an act to alter and amend the several acts incorporating the city of Macon," approved December the 27th, 1847, as authorizes and empowers the Mayor and Council of the city of Macon to appoint assessors to value the real estate of said city for taxation, be and the same is hereby repealed.

SECTION 2. And be it further enacted by the authority aforesaid, That hereafter it shall be the duty of all taxpayers and owners of real estate in the city of Macon, and they are hereby required to make their returns under oath of the value of their property in said city held either in their ownright or in the right of others: Provided, always, however,

That the Mayor and any two members of the Council, selected for that purpose, together with the Clerk of the Council, shall have power to supervise all returns made by taxpayers, and if in their opinion any of such returns are incorrect in fixing the value of the property in the same, then to correct any of such returns thus incorrectly made, by fixing or assessing such higher value as in their opinion may be proper and right.

SECTION 3. 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.

Approved, February 21, 1850.

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AN ACT to extend the corporate limits of the town of Fayetteville.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly convened, and it is hereby enacted by the authority of the same, That from and after the passage of this act, the corporate limits of the town of Fayetteville in this State be and the same are so far extended as to include the present residence of Asbury H. Tilghman.

SECTION 2. And be it further enacted, That all the powers conferred by the original act of incorporation, together with the acts amendatory thereof, be and the same are hereby conferred upon the extension of said corporation made by this act.

Approved, February 21, 1850.

AN ACT to repeal all laws and parts of laws incorporating the town of Clarksville in Habersham county.

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 from and after the passage of this act, that all laws and parts of laws incorporating the town of Clarksville in Habersham county, or extending the corporate limits of the same, be and the same are hereby repealed.

SECTION 2. 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 18, 1850.

AN ACT to incorporate the town of Tunnel Hill in the county of Murray.

SECTION 1 Be it enacted by the Senate and House of Rep resentatives 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 passage of this act, the town of Tuunell Hill, in the county of Murray, shall be a body corporate with power to sue and be sued, hold real and personal estate, and convey the same, under rules and regulations to be fixed by the commissioners hereafter appointed in framing their by-laws.

SECTION 2. And be it further enacted, That Smith Treadwell, George R. Harris, and William N. Bishop, be and the same are hereby appointed Commissioners to carry into effect the foregoing section, and also establish suitable rules and regulations for the government of said town, provided said rules and regulations do not conflict with the laws of the State of Georgia.

SECTION 3. And be it further enacted, That said commissioners shall have power to prescribe the limits of said corporation, and extend the same to such points as in their judgment may be necessary to secure the peace and good order of said town; and in case of vacancies in said Board, the citizens residing in the corporate limits may fill the same in general suffrage, giving ten days notice of the same. Approved, January 26, 1850.

AN ACT to incorporate the town of Oglethorpe in the county of Macon.

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 corporate limits of the town of Oglethorpe, in the county of Macon, shall extend over and embrace lot of land number five and fractional lot number six in the first District of formerly Muscogee, now Macon county, and lot number one hundred and thirty-seven in the twenty-eighth District of formerly Lee, now Macon county.

SECTION 2. And be it further enacted by the authority aforesaid, That on the first Saturday in January eighteen hundred and fifty-one, and on the first Saturday in January in every year thereafter, all persons, citizens of said town, entitled to vote for members of the Legislature, shall elect by ballot five commissioners, who shall continue in office one year, and until successors are elected, at which election two Justices of the Inferior Court, or two Justices of the Peace,

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