168 Ga. 626 | Ga. | 1929
Paragraph 1 of section 7 of article 7 of the constitution of this State provides that no county, municipal corporation, or political division of this State “shall incur any new debt, except fox a temporary loan ox loans to supply casual deficiencies of revenue, not exceeding one fifth of one per centum of the assessed value of the taxable property therein, without the assent of two thirds of the qualified voters thereof voting at an election for that purpose to be held as prescribed by law, provided said two thirds so voting shall be a majority of the registered voters.” 10 Park’s Code Supp. 1933, § 6563; Acts 1918, pp. 99, 100; Ga. Code, 1936, § 6563. Under this constitutional provision no bonded debt can be created by a consolidated school district “without the assent of two thirds of the qualified voters thereof voting at an election for
In a proceeding to validate consolidated school district bonds, the court should, in a case of proper pleadings and evidence, reject ballots cast in favor of the issuing of such bonds by persons who are not lawfully qualified to vote under the constitution and laws of this State; but in determining whether two thirds of the qualified voters of a district constitute a majority of the registered voters, the court should not deduct from the registration list persons appearing thereon who are not lawfully qualified to vote under the
So we are of the opinion that the question propounded by the Court of Appeals must he answered in the negative.