Newspaper Page Text
J
m
m
'
■H
-49
mm
J £
rr-
Vol. VI.-NQ. XI.
Douglasville, Georgia, Tuesday, ■ April 15, 1884.
Subscription: ;:s Per Annum.
Ordinances of tbe Town of Douglasville.
(Part I. relates only to Duties of Officers.)
part il
IY
wares,
first pro-
tbe sum
Sec. 25, Anv person wishing to sell stock of any kind, good?
or merchandise ofW description at auction in said town, must
cure a license from the Recorder, for which he or they shall pay
of two dollars and fifty cents per day, or fifty dollars a year in advance,and
fee for issuing. , . ,
Sec. 26. All artists wishing to take ambrotypes, photographs or picture
of any kind, shall first procure license from the Recon&r ofsai l town, for
which he shall pay the sum of five dollars a yeayWdtfance, ^d fee fo
issuing, and no such license shall be issued for d%taMt .
Sec. 27, Any person wishing to sell spirituowPfquoi s iu ®
quantities less than one quart, shall first procure from oheRecorderof sad
town, a license of a retail dealer, for wuicli he shall pay thesumofTlree
Hundred Dollars per annum, in advance, and no person shall be granted a
license for a less time than one year, rfSgllirf
Sec. 28. It shall not b rlawful for ary bar keeper, drugg.st, or other
person to engage in selling, or to sell in sail town, any spirituous, fermen
ted, malt, or other intoxicating liquors, wines, bitters, beers oros, m J
quantity whatever, without fir.-t procuring a license therefor ,rom the Re
corder of said town, tor which he or they shall pay the sum of Hirhe Hun
dred Dollars in advance, and no such license shall be grantei or a
time than one year. Provided, however, that no person who has, procured
a license as provided for in the preceding section, shall be required to
^procure the license provided for by this section.
Sec. 29. Any person wishing to sell or engage in selling any^ otthe liq-
uors mentioned in tbe two preceding sections, in quantities not ess an
one quart, shalljp'et procure a license from the Recorder of said town, or
which ly pr they shall paiy the sumof two hundred dollars ayear in ad-
v^ace, and no Such license* shall be issued for a less time thsrn twe ve
•.months. Provided that none of the licenses required by thrs, and the two
preceding s.ec&iU»Lr3, : sfiall be issued for a longer time than one year.
.S,e& 30. ■ Befoi Q any'^^son shall be granted saW license, as provided
for in tlje'ihree preceding sections, he or they shall first give bond,payable
t^e-Miyor and-Council of said town, for not less than Five Hundred
EUbTlars, with go id security, to be adjudged of by the Mayor, binding nun-
el self to keep an orderly house, not to sell to minors, or persons mtoxieated
yor to keep open doors op the Sabbath day, and shall also take and subscribe
to the following oath before the Mayor of said town : “I. A. B., do swear
that I will not, during the next twelve months, sell, barter, give, or furnish
Spirituous or intoxicating liquors, in any quantity, to any minor, either
svlrrte or colored, without the consent of his or her parents,or guardians, and
that I will not allow any one to do so for me, so help me God._ Winch
oath, together with the bond and license, shall be recorded by the Recorder,
Sec. 31. Any person injured by'a violation of the bond provided for ip
ceding section, shall have a right to sue on the same, i i any Court
d person sdjviolating said bond, shall
§H
Pin
~ J which is
K
the pro
avingjurisdiction thereofyapd sai .
brfeit hia or her license at the discretion of the Council.
Sec. 32, Any person wishing tqjteep a BiU%krd Table, Tpn
or pther. game of like cliaracter, kept' lm‘T?»WA!i^nnd 3ei:Ii ent('
y.yAhih’ted hv 1 avt- shail first procure a license fyoTn the yRg<
town, for which theyliall pay the sum of Twetity-fh’e dollars a 'y^pgnd
no such license shall t b| for a less time fuan six months. . /
hin<> to^fegage in the trade or business of Her-
a license from th;e Rebor-
in
Alley
-Inot
.Recorder of /sai l
Siw. 33,
-mm
k 1
11
perpOP.wis
-n , ... .
hereafter snecially meAibneda shalHftrst procuie
der of said P town, for which tliey shall pay the sum of five dollars a year
advance,and no such license shall issue for a less time than twelve months.
«E0 34 No itenerant or retail pedler, (except such as are specially ex
empted by law) shall sell any goods, wares or merchandise, m the corpo
rate limits of said town, without first, obtaining a license from the Recorder
of said.town, for which they shall pay the sum of two dollars and fifty cents
irday, in advance. ■ ■ ■ ' . .. , ,
Seo 35. No person shall be granted a license for a less time than twelve
months, unless specially provi led for, for which they shall pay the amount
required by ordinance ifor sai l business, and in no case shall any license
be transferable, except by ami with the consent of the Council, and no sucti
license shall authorize any person to do business at more than one place at
the same time. . . . l , ,
Sec. 86. Any person or firm doing business in said town, sand tailing to
procure a license, who by thejaws or ordinances of said town are-requir
ed to procure a license, shall be punished by imprisonment in the calaooose
of 4aid town not less than one, nor more than thirty, days, or be fined not
than one, nor more than thirty, dollars and all costs—one or both at the
discretion of the Mayor, or Mayor and Council, for each and every day
ouch person may do business in said town.
SEo. 37 Every male person residing within the corporate limits of said
town,on the first day of April of each year, between the ages of sixteen and
fifty years, who are but regularly oidained Ministers of the Gospel in charge
of one or more churches, or persons who have lost an arm or leg, shall be
required to'work on the streets of said town six days in each year, or pay
In lieu thereof the sum of three dollars.
Sec. 38. Any person failing or refusing to work the streets, or to pay
their three dollars street,tax when notified by the Marshal so to do, shall
be fined not less than one, nor more than two, dollars and all costs, or be
imprisoned in-the cafaboose not less than one, nor more than two, days one
or both,in the* discretion of tli? Mayor, for each and every day such person
60 refuses 4® work. t
Seo. 39. It shall be tbe duty of the Marshal to notify all persons in said
town subject to street duty, at least one day before the day of the working,
stating the time and place of working and the tools the person is required
to work with,and saii Marshal shift, within two days after each working,,
furnish the Mayor with a list o| all persons summoned or notified, who re
fused to work or to pay their three dollars, as herein prov ded.
Sec. 40. It shall be the duty of the Mayor,on the return by the Marshal
of the iist of defaulters, to require the Marshal to notify all such persons,
at least one day before the hearing, to be and appear before him, to show
& cause why such person should'not be punished for such violation.
■ Sec, 41 If, at the time of hearing such excuses as provided for in th
. preceding section, the Mayor is satisfied the excuse is sufficient, he may
discharge such person; but, if in his opinion, such excuse is not sufficient,or
if any such defaulter fails or refuses to obey such notice, he shall proceed
as provided for in section 38 of these ordinances.
SEC. 42- In case of fine, or fine and imprisonment,it shall be the duty of
the Mayor, at the expiration of four days thereafter (Sundays excepted) to
issue execution against the property of such delinquent, provided no appeal
shall have been taken as hereinafter provided.
Sec. 43. All money paid in lieu of street duty, and all fines and forfeit
ures for * failure to work the streets qf said town, shall be kept separate
from other funds belonging to said town, and shall be used only in the im
provement of the streets. I
1 sJeC. 44. It shall be the dutj 7 of the Marshal to receive all tax returns
in said town, in a book prepared by him for that purpose, by the first day
of September in each year, and to require all persons to give in under the
following oath : “You do solemnly swear (or affirm) that you will true
answers make to all such questions as may be propounded to you, touching
tbe returns you are required to make, and that you wgill make a true return
of all the taxable property you possess, or control, or were interested in, as
a<»ent or otherwise, in the town of Douglasville, on the first day of April
last so help you Go 1.” And all persons failing to give in by the first day
of September, shall be returned as defaulters, and their taxes doubled.
Sec. 45. It shall be the duty of the Marshal to return the tax digest
Sec. 46. It shall be the duty/of the Mayor jnd Council,on tbe return of
the tax digest, as provided for, to levy a sufficient amount to pay all de
mands against the corporation, (that should be paid within a year, provided
the-same sl.ould not exceed one doli*n*~e4 the hundred dollar’s worth of
taxable property.
Sec. 47. It shall be the duty of the Ifarsbaifo collect the taxes provided
for in t.he preceding sections, and^b pay the same over to the Treasurer of
said town,by the first day of December-*.Ybach year, and immediately there
after turn, over to the Mayor his bpok of unpaid tax receipt^ and have exe
cutions issued for the same.
Sec. 48. It shall be the duty of the Mayor,/on tbe return of the receipt
book by the Marshal, as provided/ for in the preceding section to issue ex
ecution against all delinquents appearing on said book, and sign.the same
officially and deliver same to the Marshal.
Sec. 49. Whenever any fi. fa. shall issue, as herein provided for, it
shall be the duty of the Marshal to-levy the same upon any property
of the defendant, under the same rules as is prescribed in the Code
of Geo'rgia fof levy and sale under execution by Constables.
Sec. 50. If personal propel ty be levied on by the Marshal, be shall
advertise the same in three or more public places, in said town, de
scribing the property to bejosold^Kv^ehst ten days before the day of
sale. '
When real estate is levied on, the Marshal shall give the tenant
in posession, or owner, written notice of said levy, within five days
thereafter, and shall feeturn the fi. fa., with his entry thereon; and the
Marshal shall advertise and £ell as now provided for sheriff’s Sales
in the Code of Georgia. Land sold under tax fi. fas., may be re
deemed in the manner pointed out in the Code of Georgia.
Sec. 51. All alleys, lanes and stteets, within the corporate limits
of said town, shall be im/nediately opened, straightened and cleared,
as in the judgment of the Mayor aiid Council may be best, upon the
application of any person to lay off, open and widen the same for
the public good. . r '•
Sec. 52. The damages caused by tlie * ^opening or widening any
street, lane or alley, to any property holder, shall be assessed by the
Mayor and Council and paid, outggf any general funds not otherwise
appropriated.
Sec. 53. No horse or mule shall be allowed to run at large upon
the streets of said town, and anv cattle, sheep or hogs running _ at
large in said town and doing damage fo any one, shall, on complaint,
be taken up by the Marshal, an! a fine imposed upon the owner of
not lesa than one, nor more than five, jlollars, and all costs.
Upon failure to pay the fine imposed in five days, execution shall
issue and be levied upon the stock so taken up, and sold as otli6r
property is sold under execution, and the balance of the proceeds,
after payment of fine and expenses. shall be refunded to the owner.
Sec. 54. No person shall di’iy£,8i vehicle of any description, or ride
or run a-horse, mule,or other animal,in a disorderly manner,through
the streets of said town. S
Any person so offending Jsliali be imprisoned not less than one,
nor more than five, days, ind pay a fine of not less than one, nor
more than five, dollars, afid all oosts-4>ay or both, in the discretion
of the Mayor. 1 / f -
Sec. 55. All lots and Cellars shall be'&ept clean and. dry by th*ir
owner, or ocmipant,-so ais not to allow! water to*tagnate, or otherwise
lb beegme unhealthy pr( offensive. '
Upon IV/i! are of aivy oi'he' jQ- ojjcn^sftst, to comply with the pro-
vhjion:-:it lbi-v; ..•u. '-'.,b^tfUfeshgd As prescribed
m ilia - ' precoiwng _
Sec*. 56. No person shall burn rock hs, fire-crackers, or fire r works,
in said town, without the permission of the Mayor or Council, and
any person so offending shall be punished as prescribed * in section
54 of tins Code. . . h ,, * _
Sec. 57. Any person guilty of any act of public indecency' within
the corporate limits of said town, tending to debanch the morals of
any of the citizens, or, of fighting or using any obscene or vulgar
language, or otherwise acting in a disorderly manner, not otherwise
specially provided for, upon conviction, shall be fined not less than
one, nor more than fifteen, dollars, and, upon failu-e to pay such
fine, then to work on the sti etiis, alleys, sidewalks, or other public
works of said town, not less than one,nor more than thirty, days, or
be imprisoned in the calaboose of said tow® not less than one, nor
more than thirty, days, in the sounjl legal discretion of the Mayor.
Sic. 68. Any person who shall be lound drunk upon the Streets, or
other public place, in said town, shall be arrested by the Marshal
and confined in the calaboose until such person 1 gets sober; and shall
be liable to a fine of not less than one, nor more than ten, dollars,
and all costs.
Sec. 59. Any merchant, or saloon keeper, who _ shall keep* open
doors on the Sabbath day in said town, shall be liable to be impris
on.ed not less than one, nor more than, five, days, or be fined not less
than one, nor more than five, dollars, and all costs—one or both, at
the discretion of the Mayor or Council.
Sec. 60. Any person guilty of shooting-a gun, pistol, or other fire
arm, within the corporate limits of said town, without the consent of
the Mayor or Council or Marshal, shall be punished as prescribed
in section 54 of this Code. • *_
' Sec.' 61. Any person who shall ride or drive a horse, mule or
“?>ther animal upon any side-walk, within the corporate limits of saic.
town, shall be punished as prescribed in Section 54 of this Code.
' Sec. 62. Any person who shall hitch any horse or oth ir animal to
any shade tree, or shall cut, deface oy otherwise injure any shade
tree, or any public building, within the corporate limits of said town,
shall be punished as prescribed in section 54 of this Code.
Sec. 63. Any owner, or agent of an,’ owner of any house, who shal
keep, rent or use or occupy, or allow to.be occupied any room or
house for a house of ill fame, wifhm~the corporate limits, of saic
town, shall be punished as prescribed in sectioii 54 of this Code,
Sec. 64. For the violation of any ordinance herein contained', for
which no particular penalty has been prescribed, or when anything
is said or done immoral or desperate in its hatnre, or injurious to
the life, liberty or property of any person, within the corporate lim
its of said town, for which no special provisions have been specially
made,tbe Mayor or Council may, in their discretion,punish such per-
son‘so offending by imprisonment, not less thap one, nor more than
.thirty, days, or fine not less than one, nor more, than thirty, dollars,
and all costs—one or both, in the discretion oi the Mayor and Conn-
6ll* 4
Sec. 65. Any person violating any portion of the criminal law of
the State of Georgia, within the Corporate, limits of said town, for
which no special provision is herein contained, shall be punished as
prescribed in section 64 of this Code. ,
Sec!. 66. In all investigations or trials before the Mayor or Coun
cil, the same rules of evidence shall be observed as is
the Code of Georgia.
Sec. 67. The Mayor shall have power to appoint, wjjen h$ shall
deem necessary, a sufficient police force to aid the Marshal W|\ pre
serving order in said town. mmB&gjajm /
Sec. 68. The police appointed bv the M a J or > as prcvided for. in
"the preceding section, shall be unaer andljubject
Marshal, and shall perform srteh cluty as.pnay be* the
Marshal, not contrary to the jaW3yji\ordinances ofl said town.
for in the preceding section, properly made out, to the Mayor and (shall receive tbe sum of one dollar and jgyenty-fipeitthts per
Council at their second regular meeting in September, | Sec. 69. The police provided |or in this article .j|q v ^|P sa
and
play,
same
powers and authority to arrest all persons violating any ordinances of said
town as that given the Marshal, and subject to the same penalties for a
nevlect of duty.
Sec. 70. It shall he the duty of the Mayor, on the appointment of any
police, to give such person a certificate of appointment, under his’hand and
seal, with the date of appointment and,.the length of time such person is
to serve, and no person shall reeeive pay as such police officer until affi
davit is made on such certificate of the number of days of actual service
by such person, and must be subscribed and sworn to before the Mayor
and countersigned by him.
Sec. 71. When the affidavit is made on the certificate, as provided for
in the preceding section, the Treasurer is authorized to pay such person
the amount due thereon out of any money in the treasury, not otherwise
appropriated*
Sec. 72. No person shall be competent to act as policeman who has not
been a citizen of said town at least one month prior to his appointment,
and of the age of twenty-one years and of good moral character.
Sec. 73. It shall be the duty of the Marshal, or police, to carry all pciaf|
sons immediately before the Mayor of said town (unless otherwise spe
cially provided for) whose duty it shall be to cause a written accusation to
be fliade out and read in the hearing of the offend *r.
Sec. 74. Such person, after hearing tbe accusation, shall have a reason-
abte time to procure counsel (provided there is a reasonable probability
that’such pers >n can get counsel without too great delay) and secure thill
attendance of his witnesses.
Sec. 75. The Mayor shall issue subpoena under hi3 hand and official
signature, directed to such persons, who are desired either by the Mayor
and Council or by the accused, to attend as a witness, stating the time and
place of trial, and such subpoenas shall be served by the Marchal.
Sec. 76. All persons subpoenaed shall be entitled to the sum of seven ty-
five cents a day, for attending such trial, which shall be taxed as cost9
against the accused, if found guilty;, but in no case shall the Mayor and
Council be liable for cost, in case of acquittal or of the insol vency of the
accused.;
Sec. 77. Any person failing to attend after being subpoenaed by the
Marshal, shall be liable to a fine lor contempt; provided, the am aunt shall
not exceed thirty dollars and all costs, or imprisonment not to exceed
thirty days.
Sec. 78. In no case shall it be necessary to issue a warrant against any
person violating any ordinance of said town prior to the arrest, and an
accusation in writing, stating;,the number of the section of the Co le of
said town violated by said offender, and signed officially by the Mayor,
hall be .sufficient to form the issue and to proceed with the trial of the
offender.
Sec. 79. A substantial compliance with the following form of an accu
sation shall be sufficient : ’
DOUGLASVILLE, GA., ..... day of ,188
On satisfactory information received, the Mayor and Council of said
town charge and accuse A. B. with a violation of section No;the
Cede of said town, contrary to the laws of saji town, peace, dig.uty .and
goo 1 order thereof. . . . Mayor.
Slc. ySO. It shall be the duty oi the Mayol of said tovtn to try all per-
aonaATfolatina 7 any of the laws of said town ug|der-the rule jpj .ffi the man*
n e r.ihetem^ r fenh¥3f^i-^^-j|3&n A ijQckiT’rfrw
of the persoErieha f 'ged, the otien.-sey and the .disposi tiuu of said
(late of the same, anu sign officially. . * . I
* -1._ dissa • k ?i e > j ;-w rift - - ■ Veci-v '-•f'‘ of'-a hh^ Mavor
or Ovu11ciI. sh'piL -ce the righe the Superior iioarfe and carry
said'case up by certiorari; provided such pel sons will pay all costs and
give bond eve^talifffiifttftfeatfon money; or in.case
such person shall swear that they aro unableTopayTli^c^ls or give ihe
security, they may nevertheless certiorari by remaining tn the custody of
the Marshal, who is hereby authorized to imprison such person lor.Safe
keeping, at-his discretion, until the final termination of said cause.
cec. 82. The Mayor and Council of said town shall have authority to
abate, or cause to be abated, anything that i3 a nuisance in said town,
under the same rules and regulations as are prescribed in the Code of
Geoigia.
Any person failing or refusing to abate such nuisance, after being noti
fied so to do by an order of the Mayor and Council, within five days, shall
be punished as prescribed in section 65 of this Code.
Sec. 83. The fees of the Mayor shall be as follows:
For each accusation - - • - . . - ... . | .25.
For each trial - - - - - - ... . _. .60.
A. sfiring certiorari - - - -. - - -. - - . e . f . r -ft . 1,00.
Issuing fi fa. - - - - - - • . - . - - . - r .60.
Witnessing any paper officially - - - ... _ . ,25.
Affidavit where no cause pending - - - - . . , . , ,25.
Sec, 84. The Recorder’s fees shall be a3 follows :
Taking and recording bond . . . , . V . . ... $ .50.
Issuing license .. .. . . . . , . * . . . .50.
Becording . . . , . . , . . .25.
Affidavit . . . . . . . . . . . V, r . . .15.
Sec. 85. The Marshall’s fees shall be as follows:
For each arrest , . . . . . $ .50.
Serving summons or notice . . , . . . .25.
Attending each trial , .25.
Maintaining prisoner per d ly . . . ; , . . . . ; , .75.
For keeping horse, mule, ox or other cattle, per day . . . . . . . .25.
For each levy . . ... ; . . .35.
Settling fi, fa. before sale . . . : * , . . . . . » ' . .30.
Every sale . . ... . . . . . , . . . 5 per cent.
Sec. 86. The fees herein prescribed shall be taxed as costs against such
persons as are convicted of violating the ordinances of said town, and
whetricollected shall be paid into the treasury of said town and become a
part of the general funds.
Sec. 87. All persons getting a license, or making affidavit, or giving
bond, which have to be recorded, shall pay the fees herein prescribedibY~
issuing and recording the same, and when so paid shall be paid into the
treasury, as other funds.
Sec. 88. No officers herein mentioned shall receive any other compen
sation for their services, except the salaries herein prescribed, unless oth
erwise specially mentioned.
Sbc. 89.1 he Mayor and Council of said town shall have power and
authority fo purchase a suitable plat of land in said town for the burial of
the dead, and may lay off said grounds into family lots and sell the same
to the highest bidder, and to enclose the said land, and to make such other
mprovetnents thereon as they may see fit.
Sec. 90. The Mayor, marshal or Council may take bond, with good
security, payable to the Mayor and Council, in a sum not to exceed fifty
dollars, nor less than twenty-five dollars, from any person arrested lor a
violation of any of the ordinances of said town, to be and appear and
abide their trial before the Mayor or Council, at any time agreed upon by
them.
Sec!. 91. Where the ends of justice require it, all cases may be contin
ued. All motions for continuances shall bo addressed to the sound legal
discretion of the court, under the same rules governing continuances in
the Superior Courts of this State.
Sec. 92. Any person on trial, witness, or person present at the Mayor’s
Court, or during a session of the Council, who shall be guilty of a con
tempt of court or Council, shall be punished a3 prescribed in section 54 of
this Code. . - ' - ... ■ * ■ ■ . ■’ . '..
Sec. 93. Sections 774 to 797, inclusive, of the Cede of Georgia, are
hereby adopted as a part of the ordinances of said town, so far as the same
can be applied, when not in conflict with the ordinances herein contained.
Sec* 95. This>Code may be amemded, or altered, at any time, by a ma-
(CONTINUED ON SECOND PAGE.) _ ^
X3