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visions of this act, so far as militates against the same, be, and the same are hereby repealed.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate.

Assented to, December 23d, 1839.

CHARLES J. McDONALD, Governor,

TAXES.

AN ACT to impose, levy and collect a Tax, for the political year 1840, on property both real and personal, and to inflict penalties for refusing or neglecting to comply with the provisions 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 Tax act assented to, on the 29th December, 1838, together with all acts and parts of acts, except as in hereinafter excepted, which said act revives and continues in force, shall be, and the same is hereby revived and continued in force, as the tax law for the year eighteen hundred and forty.

SEC. 2. And be it further enacted by the authority aforesaid, That one-half the tax to be levied and collected under this act, shall be paid over by the tax collectors to the Inferior courts of the respective counties, for county purposes, and the other half into the Treasury of the State, except as hereinafter excepted.

SEC. 3. And be it further enacted by the authority aforesaid, That the money loaned on interest by private individuals, or used in shaving or discounting notes, shall be subject to a tax at the rates of thirty-one and a quarter cents per hundred dollars, on the amount so loaned or invested.

SEC. 4. And be it further enacted by the authority aforesaid, That upon notice given, any three Justices of the Inferior court of any county in this State, on or before the first day of March next, that such county does not need said onehalf of the tax levied under this act, then the tax collector

shall levy but one-half of the tax raised by this act, from the people of said county.

JOSEPH DAY,

Speaker of the House of Representatives.
ROBERT M. ECHOLS,

President of the Senate.

Assented to, December 21st, 1839.

CHARLES J. McDONALD, Governor.

AN ACT to authorize the Justices of the Inferior court of Cobb county, or a majority of them, to levy an extra tax for the purpose of paying the Sheriff and Jailor for the time being of said county, for the apprehension, confining in Jail, and bringing to trial sundry Irishmen, indicted for murder in said county, and for other purposes.

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 Justices of the Inferior court of the county of Cobb, or a majority of them, be, and they are hereby authorized and empowered to levy an extra tax in said county, which shall not exceed fifty per cent. on the general State tax of the political year, 1839.

SEC. 2. And be it further enacted by the authority of the same, That it shall be the duty of the tax collectors to collect said tax and receive the same per cent. for so doing, as for collecting other taxes for county purposes.

SEC. 3. And be it further enacted by the authority aforesaid, That said tax collector shall, so soon as he shall collect said tax, be, and he is hereby directed to pay over the same to the Justices of the Inferior court of said county, which shall be applied to the defraying the expenses paid, or which may be due said Sheriff and Jailor as aforesaid, any law, usage or custom to the contrary notwithstanding.

JOSEPH DAY,

Speaker of the House of Representatives

ROBERT M. ECHOLS,

President of the Senate

Assented to, 23d December, 1839.

CHARLES J. McDONALD, Governor

AN ACT to authorize the Justices of the Inferior court of Paulding county to refund to the citizens of said county, the excess of tax which was collected from them in eighteen hundred and thirty-nine.

WHEREAS in assessing the tax in the county of Paulding, which was collected in eighteen hundred and thirty-nine, under the general Tax law, a large excess of taxes was required of the citizens of said county, through mistake made in the assessment thereof:

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 the Inferior court of the county of Paulding, shall refund to the citizens thereof, the said excess of taxes, collected from them as aforesaid.

SEC. 2. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this act, be, and the same is hereby repealed.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate.

Assented to, December 21st, 1839.

CHARLES J. McDONALD, Governor.

AN ACT to authorize the Justices of the Inferior Court of the county of Houston to levy and collect an extra tax for county purposes, on certain conditions.

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 Justices of the Inferior Court of the county of Houston shall be, and they are hereby authorized and empowered to levy an extra tax on the general tax of said county, not exceeding fifty per cent., to be collected in the year eighteen hundred and forty, for county purposes; Provided, the same shall be recommended by the Grand Jury of said county, as necessary to meet the just claims against the same; and provided further, that the said Inferior Court shall deem said extra tax as absolutely necessary for

county purposes, and shall so express in their order re, questing the collection of the same.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate

Assented to, December 21st, 1839.

CHARLES J. McDONALD, Governor.

AN ACT to amend an act passed the 22d day of December, 1834-an act to authorize the Justices of the Inferior Court of Morgan and Elbert counties, to levy an extra tax for the purpose of building a good and sufficient Jail in said counties, so far as to authorize the Justices of the Inferior Court of Morgan county to apply a part of the fund raised under the aforesaid act, to the completion of a new Court-House.

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 immediately after the passage of this act, the Justices of the Inferior Court of the county of Morgan, or a majority of them, respectively, are hereby authorized to appropriate so much of the fund raised under the aforesaid act, passed the 22d day of December, eighteen hundred and thirty-four, as may be necessary to the completion of a new Court-House, now being built in the town of Madison.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate.

Assented to, December 21st, 1839.

CHARLES J. McDONALD, Governor.

TOWNS AND CITIES.

AN ACT to authorize the Justices of the Inferior Court of the county of Muscogee, to lay off a lot on the east Commons of the city of Columbus, for the purpose of erecting thereon a Jail for said county, and to vest the title thereto in said Justices.

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 immediately after the passage of this act, the Justices of the Inferior court of the county of Muscogee, or a majority thereof, are hereby authorized to set apart and lay off a lot upon the east Commons of the city of Columbus, for the purpose of erecting thereon a common Jail for said county: Provided, said lot, so laid off, shall be included within the meets and bounds hereinafter mentioned, to wit: beginning at the corner of Crawford and Mercer streets on the east commons, and running thence east, in a strait line, ninety-eight yards and seven inches, thence south one hundred and ninety-seven yards to Thomas street, thence due west on said street to Mercer street, thence due north on said street to the beginning point on Crawford

street.

SEC. 2. And be it further enacted, That the title in and to the before described lot, shall, and the same is hereby declared to be vested in Robert W. Carnes, Hardy C. Sapp. William H. Mitchell, Samuel A. Bailey and James M. Chambers, Justices of the Inferior court of the county of Muscogee, and their successors in office for the time being, for the purpose aforesaid: Provided, said Justices shall have no power to sell, convey or otherwise dispose of șaid lot, or use the same for any purpose other than the one mentioned in this act.

SEC. 3. And be it further enacted, That all laws militating against this act, be, and the same are hereby repealed.

JOSEPH DAY,

Speaker of the House of Representatives.

ROBERT M. ECHOLS,

President of the Senate.

Assented to, December 23d, 1839.

CHARLES J. McDONALD, Governor.

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