CITY OF FAYETTEVILLE

COUNTY SEAT OF FAYETTE COUNTY

[missing title]
[Georgia Legislative Documents]
[Georgia Department of Archives and History]
Presented in the Digital Library of Georgia

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT 
MILLEDGEVILLE, AT AN ANNUAL SESSION; IN NOVEMBER AND DECEMBER, 1823. 
[missing title] 


1823 Vol. 1 -- Page: 178

Sequential Number: 137 
Type: AN ACT 

Full Title: To make permanent the site of the public buildings in the county of Fayette at Fayetteville, and 
to incorporate the same.

Be it enacted by the Senate and House of [Illegible Text] [Illegible Text] [Illegible Text] State of Georgia, 
in General Assembly met, and [Illegible Text] hereby enacted by the authority of the same, That from and 
after the [Illegible Text] of this [Illegible Text], the site of the public buildings in the county of Fayette be 
permanently at Fayetteville.


Page: 179

SEC. 2. And be it further enacted, That Jordan Gay, [Illegible Text] L. Smith, William Harkins, John 
Hamilton and Tandy D. King be and they are hereby appointed commissioners for the said town of 
Fayetteville until the election of commissioners agreeable to this act.

SEC. 3. And be it further enacted, That on the first Saturday in January next, and on the first Saturday in 
January in every year thereafter, all the free white male citizens of the said town who shall have given in 
their taxable property and who shall be entitled to vote for members to the General Assembly, shall 
assemble at the court-house in said town, and by ballot elect five commissioners who shall continue in 
office one year and until their successors are elected, at which election any two magistrates of said county 
shall preside, and in case of the death, removal or resignation of any of said commissioners the remaining 
commissioners shall have power to fill the vacancy to continue until the next election; the commissioners 
and all others appointed by virtue of this act, shall be re-eligible.

SEC. 4. And be it further enacted, That the commissioners of said town and their successors shall have full 
power and authority to pass such bye-laws and regulations as they may deem necessary for enforcing and 
collecting all poll and other taxes upon the taxable property in said town: Provided, any poll tax shall not 
exceed one dollar on each person.

SEC. 5. And be it further enacted, That the said commissioners shall have power and authority to appoint 
such officers as they may deem necessary, for the purpose of enforcing and collecting such taxes, and the 
purpose of discharging such other duties as may be requisite.

SEC. 6. And be it further enacted, That the commissioners shall have power and authority to make any bye-
laws and regulations they may deem necessary, requiring the citizens of said town to return on oath to the 
officer to be appointed as aforesaid, the amount of taxable property and stock in trade by him or them 
possessed in said town, and in case of refusal, to cause the tax to be assessed and collected in such manner 
as they may prescribe.


Page: 180

SEC. 7. And be it further enacted, That the said commissioners shall have full power and authority to 
impose a tax on all shows, exhibitions and showmen, performing in said town for the purpose of gain, and 
also upon all gaming tables, and games of hazard as may be established, opened or played in said town for 
the purpose of gain, and to collect and receive the same [in such] manner as they may prescribe by the bye-
laws of said town: Provided, The bye-laws of said town do not exceed the tax imposed upon shows and 
showmen shall not exceed five dollars for each day's exhibition or performance; that the tax to be imposed 
on gaming tables, and games of hazard shall not exceed ten dollars for each day that the same shall be 
established, opened or played in said town: Provided, That nothing herein contained shall be [Illegible 
Text] to authorise the keeping of any such table or tables, or practising any such game not authorised by the 
laws of this state within the corporation limits of said town.

SEC. 8. And be it further enacted by the authority aforesaid, That in case any person or persons who are 
liable for the same, shall refuse to pay any tax to be imposed by any bye-laws or regulation of said town in 
pursuance of the authority of this act, then and in that case the commissioners of said town, or a majority of 
them, shall and they are hereby authorised to issue their warrant directed to any officer, to be by them 
appointed, requiring him to levy and sell of the goods and chattels of the person or persons so refusing, to 
make the amount of tax so imposed, and said officer shall receive such fees as are allowed by law to 
justices of the peace and constables in similar cases: Provided, That all sales to be made by virtue of such 
warrant, shall be advertised at least ten days at the court-house door in said town.

SEC. 9. And be it further enacted by the authority aforesaid, That the commissioners of said town have 
power and authority to pass and ordain any bye-laws and regulations necessary, to cause to be established 
and enforced a strict patrol either by day or by night within the limits of said town, and in case of neglect or 
refusal in any citizen of said town to comply with the bye-laws and regulations to be by the said 
commissioners ordained and established


Page: 181
upon this subject, that the said commissioners, or a majority of them may proceed to fine such citizens and 
collect such fine as is herein before prescribed for the collection of taxes: Provided, That the fines to be 
imposed in virtue of the power derived under this act, shall not exceed five dollars for each case of neglect 
or refusal.

SEC. 10. And be it further enacted, by the authority aforesaid, That the commissioners of said town shall 
have power and authority to pass and ordain any bye-laws and regulations necessary to cause to be 
established and enforced a strict patrol either by day or by night, within the limits of said town, and in case 
of neglect or refusal in any citizen of said town to comply with the bye-laws and regulations to be by the 
said commissioners ordained and established, upon this subject, that the said commissioners, or a majority 
of them may proceed to fine such citizen, and collect such fine as is herein before prescribed for collection 
of taxes: Provided, That the fines to be imposed in virtue of the power derived under this act, shall not 
exceed five dollars for each case of neglect or refusal.

SEC. 11. And be it further enacted by the authority aforesaid, That said commissioners shall have power 
and authority to pass all bye-laws and regulations necessary to compel the citizens of said town and other 
persons resident therein, and liable by the laws of the state to work on the public roads, and to labor on the 
public spring, streets, and square of said town, and in such manner and at such times as may be prescribed 
for the improvement repair and preservation thereof, and in case of refusal or neglect in any citizen or other 
person so liable as aforesaid, the said commissioners, or a majority of them may proceed to impose a fine 
upon such citizens or other persons, (or in [case] of slaves upon the owner or employer of such slave or 
slaves,) and to collect such fine in the manner prescribed in this act: Provided, Any such fine to be imposed 
in virtue of this section shall not exceed two dollars for each case of neglect or refusal.

SEC. 12. And be it further enacted, by the authority aforesaid, That the said commissioners do, and they are 
hereby authorised to appropriate all taxes and fines imposed, assessed and collected, in virtue of any bye-
laws or



Page: 182
regulations adopted in pursuance of the authority given in this act, to the [Illegible Text] and improvement 
of the public spring, square and streets of said town, and to the preservation of the houses of [Illegible Text] 
town from fire, in such manner as they or a majority of them, shall deem most conducive to the interest and 
safety of the citizens.

SEC. 13. And be it further enacted, by the authority aforesaid, That the commissioners of said town, or a 
[Illegible Text] of them, shall have power to appoint a town Marshal, for the purpose of carrying into 
execution any bye-laws and regulations ordained and established by them.

SEC. 14. And be it further enacted, by the authority aforesaid, That the said commissioners shall have 
power to remove, or cause to be removed, any building, post or step, or other obstructions and nuisances in 
the public streets or squares of said town.

SEC. 15. And be it further enacted, by the authority aforesaid, That it shall be [Illegible Text] for the said 
commissioners to impose a tax upon all persons retailing liquors in the public square or streets of said 
town: Provided, Such tax shall not exceed five dollars for each year such person shall retail liquors as 
aforesaid, in less quantities than five gallons.

SEC. 16. And be it further enacted, by the authority aforesaid, That the commissioners of said town shall 
have full power and authority to pass such bye-laws and regulations as they may deem necessary for the 
preservation of the health of the citizens of said town, the security of the public buildings from [Illegible 
Text] and other accidents, and for creating and repairing fences and railings in the said town.

SEC. 17. And be it further enacted, by the authority aforesaid, That the said town shall comprehend within 
its limits, all [Illegible Text] [Illegible Text] upon or residing within the boundaries of the lot of land upon 
which the public buildings of the county are situated: that no person shall be elected a commissioner or an 
officer of said town who shall not reside within those limits.

SEC. 18. And be it further enacted, by the authority aforesaid, That no bye-law or regulation, to be made by


Page: 183
said commissioners or their successors, shall be contrary to the [Illegible Text] and laws of this state, nor 
shall any penalty to be imposed by the bye-laws and [Illegible Text] of said town extend to life, limb, or 
corporeal punishment of any white person, and that in all cases a majority of said com-commissioners and 
their successors, shall be competent to the transaction of business.

DAVID ADAMS,

Speaker of the House of Representatives.

THOMAS STOCKS,

President of the Senate.

G. M. TROUP, Governor.

Approval Date: Assented to, Dec. 20, 1823.

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