116 Ga. 491 | Ga. | 1902
An election was held in tbe County of Dougherty to determine whether bonds to the amount of $40,000 should be issued for the purpose of erecting a new courthouse. The registration list for the election showed 611 qualified voters. Persons to the number of 427 voted “Eor Bonds,” and 81 voted “Against Bonds.” When the application to validate the issue of bonds came on to be heard, certain citizens of the county appeared and were made parties to the proceedings, and interposed numerous objections to the passage of an order validating the bonds. One of the objections urged was that the notice of the election had not been published the requisite number of days before the election. Up“on the hearing it appeared that the order of the county commissioners calling the election was passed on May 5,1902, that the first notice of the election was published in the newspaper in which the sher
It is contended that, in determining what would be a compliance with the section of the code just quoted, reference must be had to the provisions of the act of 1891, now contained in the Civil Code, § 5458. That act provides that “in all cases where the law of force on October 21st, 1891, required citations, notices, or advertisements, by ordinaries, clerks, sheriffs, county bailiffs, administrators, executors, guardians, trustees or others, to be published in a newspaper for thirty days, . . it shall be sufficient and legal to publish the same once a week for four weeks (that is, one insertion each week for each of the four weeks) immediately preceding the term or day when the order is to be granted/ or the sale is to take place; and the number of days between the date of the first publication, and the term or day when the order is to be granted or the sale to take place, whether more or less than thirty days, shall not in any manner invalidate or render irregular the said notice, citation, advertisement, or order or sale.” Section 377 of the Political Code is a codification of the act of 1879, and therefore is a law which was of force at the date named in the act of 1891. While
It is said, though, that even if the act of 1891 did not repeal or
Judgment reversed.