Funding for the digitization of this title was provided by Georgia HomePLACE, a project of the Georgia Public Library Service.
About The Henry County weekly. (McDonough, GA.) 18??-1934 | View Entire Issue (Aug. 16, 1912)
WEEKLY PUBLISHES COUNTY COMMISSIONER NEW BILL. FOR INFORMATION! OF PEOPLE OF COUNTY FULL TEXT IS GIVEN BELOW. NEW COMMISSIONERS' DUTIES WILL BE NUMEROUS The Hon. E. M. Smith, our Representative, has furnished The Weekly with a copy of the newly enacted bill creating the office of Commissioner of Roads and Rev enues for Henry county. The complete act is given below: A bill to be entitled an Act to create the office of Commissioner of Roads and Revenues for the County of Henry, to provide for his election, to define his duties and powers, to fix his compensa tion, to provide for his clerical and transportation expenses and for other purposes. Sec. 1. Be it enacted by the General Assembly of the S ate of Georgia that from and after the passage of this act the office of Commissioner of Roads and Rev enues for the County of Henry shall be and is hereby created. Sec. 2. Be it further enacted by the authority aforesaid. That from the qualified voters of said county there shall be elected on the first Wednesday in October 1912 a Commissioner for Roads and Revenues for said county whose term of office shall com mence on the First day of Janu ary, 1913, and continue for two years and until his successor is elected and qualified. Sec. 3. Be it further enacted by the authority aforesaid, That a Commissioner of Roads and Rev enues for said county shall there after be elected every two years at the same time and in the same manner and by the same electors as county officers are elected and his term of office shall begin on the first day of the following Jan nary. Sec. 4. Be it further enacted by the authority aforesaid, That if there should be a vacancy in said office from death, resignation, removal from the county or other cause, the Ordinary of said county shall order an election to fill such vacancy for the unexpired term, of which election he shall give twenty days’ notice in the news paper where the sheriffs adver tisements are published, which election shall be held as elections for county officers; and until the vacancy is filled said Ordinary shall perform the duties of such Commissioner. Sec. 5. Be it further enacted by the authority aforesaid. That before entering upon the dis charge of his duties, said Com missioner shall give bond and surety before the Ordinary of said Countv, payable to the Gov ernor and his successors in office in the sum of five thousand dollars conditioned for the faithful dis charge of the duties of his office, and to account for all monies that may come into his hands as such Commissioner, and must take and subscribe the oath required of all civil officers and also the follow ing oath: I do solemnly swear that I will well and faithfully dis charge the duties of Commission er of Roads and Revenues for the county of Henry during my con tinuance in office, according to the law, to the best o* my knowl edge and ability without favor or affection ro any party. So help me God.” Sec. 6. Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall have original and exclusive jurisdiction over the subject matters mentioned and embraced in Section 4238 of the Civil Code of 1895: and over such other county matters as by law have been placed under the juris diction of ordinaries or other authorities having control of county matters; and over the levy ing and collection of road taxes, commutation taxes, and the work ing of the public roads, and the building of bridges, and the appointment and employment of such person or persons for specific pur[ oses appertaining to roads and bridges as are authorized by law; and over all such county matters as was held and exercised by the inferior court when sitting for county purposes prior to the adoption of the Constitution of 1868. Sec. 7. Be it further enacted by the authority aforesaid, That said Commissioner shall sit specif ically on the first Mondays and Tuesdays of each month at the court house, in said county, as a court, for county purposes, and for the exercise of such other powers as he has a quasi-corpora tion, contra-distinguished from his powers as a court, and he shall also keep his office open on all Saturdays for the transaction of the business of his office, and at such other times as may be necessary. At all other times, when the duties of his office and the condition of the weather will permit, it shall be his duty to personally inspect the public roads [ and bridges of said county, super j vise and, so far as practicable, | superintend and direct the work j on, and those in charge of the i working of, the public roads and building of bridges. Sec. 8. Be it further enacted by the authority aforesaid, That said Commissioner shall receive for his services a salary of twelve hundred dollars per annum to be paid monthly out of the treasury of said county. Sec. 9. Be it further enacted by the authority aforesaid, That said Commissioner may a point a clerk whose compensation shall befxed by the Grand Jury of said county at the fall term thereof. Sec. 10. Be it further enacted by the authority aforesaid, That said Commissioner shall keep such records of county matters as are now required by law to be kept by Ordinaries where they have jurisdiction of county matters, and to make such reports to the grand juries is such as Ordinaries or other authorties having control of county matters are required to make, showing an itemized state ment of all receipts and expendi tures, the source from which re ceived, and the purpose for which expended, also vouches therefor; and the number of persons sub ject to road duty; the amonnt of commutation taxes received; number of persons who worked their time on public roads; also amount of taxes uncollected and what action, if any, has been tak en to enforce the law and collect ion of the commutation tax. Sec. 11. Beit further enacted by the authority aforesaid, That in case of the disqualification of said Commissioner in any matter that may come before him, the Ordinary of said county shall have power and authority to act in his place and stead. Sec. 12. Be it further enacted by the authority aforesaid, That said Commissioner shall collect a commutation tax from all persons in said county subject to road duty. Said tax shall not be more than five dollars nor less than one dollar per annum; and if said amount is not paid he shall be re quired to work on the public roads of Henry County not more than ten days no less than two days in any one year. The amount of said commutation tax shall be fixed by the commissioner not later than thp first day of Feb ruary of each year which time shall be divided between the spring and summer working and all hands so summoned shall be required to pay or work as stated in the summons, for time required for spring working and summer working. All Commutation taxes shall be expended on the roads in the district where collected. Sec. 13. Be it further enacted by the authority aforesaid, That any person who has refused or failed to pay the commutation tax when demanded by the officer appointed by said Commissioner to make such demands and who shall wiihout good excuse fail or refuse to app ar at the time and place appointed to work, when summoned, or notified by the officer whose duty it is to give said summons or notice, accord ing to the rules of said commission er; and the law in such cases made and provided, or who shall fail or refuse to do faithful work when he has appeared, shall be fined not less than one dollar each day he fails to work, or to be imprisoned in the common jail of said county at the discretion |of said commissioner, or to be sentenced to work in the chain gang not exceeding ninety days. :If the said commissioner trying ! the case imposes a fine up in the person convicted it may be with | the alternative of other punish ment allowed by this section in case said fine is not paid. Sec. 14 Be it further enacted by the authority aforesaid. That said Commissioner be, and he is hereby empowered, to try all de faulters, impose and enforce se .fence as provided in the pre ceding section, and said com missioner shall hold court for the trial of said defaulters at any time and place in said county that may be fixed by said Commission er provided, that ten days’ notice of the time and place of trial be given to said defaulters. Sec. 15. Be it further enacted by the authority aforesaid. That defaulters shall be summoned for trial or arrested by such officer as said commissioner may appoint or by the sheriff or his deputy or any lawful constable of said county. Sec. 16. Be it further enacted by the authority aforesaid, That said commissioner, of the county of Henry, shall apportion to each militia district within the county of Henry the commutation taxes paid by the citizens of each militia district and the property taxes I collected in each militia district, for road purposes, and have the same expended on the public roads of each militia district each year respectively and continue to do so each and every year hereafter. It shall be his duty to work the chaingang in each militia district in the county of Henry, such a number of days in each year, proportionate to the amount of taxes paid by said district, for road purposes. When the chain gang is worked in any mititia district the expense of running same shall be borne out of the funds of said district, the salaries paid warden and overseers or any other expense incident to running and carrying on said road working business as well as the compensation paid the com missioner and his clerk shall be borne proportionately by the several districts of the county in proportion to the taxes paid. Sec. 17. Be it further enacted by the authority aforesaid, That said Commissioner of Roads and Revenues shall have power to appoint three district com missioners, in each militia district, whose dutv it shall be to over look all roadwork in said district; to collect the commutation tax; and to superintend road working in their district. It shall be the duty of said district commissioners to appoint from the road hands in their charge a sufficient number of suitable persons to act as over seers to insure a speedy and thorough working of all public roads of said district: and shall al lot the hands to the various roads or sections of roads in their charge; and issue and serve written sum mons on euch person in his dis trict, subject to road duty; and collect the commutation tax and receipt for the same. The sum mons shall state the time and place for working, the tool or implement to be brought, the amount of commutation tax due for the summer working or the spring working as the case may be, and when the tax so assessed shall be paid; provided however no person shall be required to work or pay the summer assess ment before July the fifteenth of each year. The County Com missioner shall be required to furnish the district commissioners with books and printed forms with which to make a full and accurate accounting of all taxes collected and all disbursements; to whom and for what purpose made; and the date of same. It shall be the duty of the district commissioners at the end of each working of the public roads to require the overseers of said dis trict to appear before him and make a report in writing of all their acts and doings; said report must be examined and approved by the district commissioners and returned to the County Com missioner. Said district com missioners are vested with power to remove -overseers for incom petency or neglect of duty. Said district Commissioner, shall be l appointed for a term of two years and shall give bond in the sum of three hundred dollars each payable to the County Commission er, for the use of the county, and be approved by him. Said dis trict commissioners shall before entering on the discharge of their duties take and subscribe| the oath required of all civi officers. Their compensation shall not exceed a dollar and a half per day for each day actually engaged in work; which said sum shall be paid out of the funds collected for road purposes of heir respective districts. Sec. 18. Be it further enacted by the authority aforesaid, That i on the first day of January, 1913, the Ordinary of Henry County shall deliver to the Commissioner! of Roads and Revenues, of Henry County, possession of all convicts, | then under his control and man agement, and all property and equipment belonging to said county, and after said date said Commissioner shall have exclusive judisdiction and control of the roads and revenues of said county. Sec. 19. Be it further enacted by the authority aforesaid, That said commissioner shall annually* levy such taxes for road purposes as in his judgement may be nec essary to raise sufficient money for the proper, judicious and. economical working of the public roads of said county not incon sistent with the !au r , and, to be | paid out in the manner herein ! before provided. Sec. 20. Be it further enacted by the authority aforesaid, That all laws and parts of laws in con flict with this act be and the same are hereby repealed. LEGAL NOTICES. For Dismission. Georgia, Henry county. \\ hereas J. A. Fouche adminis trator of E C. Starr has applied t< * me for a discharge from his adminis tration of E. C. Starr. This is therefore to notify all persons concerned to file their ob jections if any they have on or before the First Monday in Sept., else he will he discharged from his administration as applied for. 8-30, 4 A. (4. Harris, Ordinary. For Leave To Sell. Georgia, Henry Connty. To whom it mav concern : H. L. Carmichael Administrator of. the estate of .lake Weems de ceased, having in due form made application for leave to sell the lands belonging to said Estate, consisting of 1 house and lot in Mc- Donough Dist. of said County and State. Said application will be heard at the regular term of the Court of Ordinary for said county to be held on the first Monday in Sept. 1912_ This sth dav of Aug. 11112. 8-30, 4. A. G. Harris. Ordinary. For Leave To Sell. Georgia Henry Countv. To whom it may concern : E. C. Cowan Administrator of the estate of I). D. Baty deceased, having in due form made applica tion for leave to sell the lands be longing to said Estate consisting of 40 acres in Bth land Dist. of said County and State. Said application will be heard at the regular term >f the Court of Ordinary for said County to be held. on the fiirst Monday in Sept. 11)12.. This sth day of Aug. 1912. A, G Harris. Ordinary. 8-30, 4. For Administration. Georgia, Henry County. To whom it may concern: W. E. M. Dodson having made ap plication to me in due form to he appointed permanent Administra tor upon the estate of Jake 1 lambrick late of said connty, notice is here by given that said application will’ be heard at the regular term of the* Court of Ordinary for said county t,) he held on the first Monday irr Sept., 1912. Witness my hand and official signature, this sth day of July 1912 8-30, 4. A. G. Harris Ordinary. 2^)o cals. Mr. and Mrs. T. N. McKibbew and little daughter, Caroline, are the guests of Mr. and Mrs. J. C.. Daniel. Crop prospects have led us to cut the price on ah 1 ho ~se wag ons. Stansell and Rape. Mr. J. P. Etheridge will sever* his connection with the McDon ough Trading Company on Sep tember Ist. He will return to Jackson and manage the shoe de partment of Etheridge, Smith and Company. The many friends of him and his delightful family re- - gret to lose them as residents. Best of wagons made in our own shop, sold with our personal guarantee, at bargains for a short time. Stansell and Rape.
