144 Ga. 823 | Ga. | 1916
(After stating the foregoing facts.) "
In 1873 the legislature created a board of commissioners for Murray county. The first section of the act, so far as it is material to this ease, was as follows: “That, from'and after the passage of this act, there shall be established in the county of Murray a board of five commissioners of revenue, roads, bridges, ferries, paupers and pauper’s fund, with full power to levy all taxes for county purposes; to appoint all road.commissioners; to establish new roads and abolish old ones; to establish or abolish ferries; to build and repair bridges; to change* lines of militia districts or to establish new districts; to appoint overseers of the poor, and to say who shall be beneficiaries of the pauper fund.” The fifth section was: “That the said board shall have all the powers the inferior court had prior to the adoption of the constitution of 1868, as prescribed by the Bevised Code on all county matters, but shall have no other jurisdictipn.” Acts 1873, p. 282. This act has been twice amended, but the amendments are not material to the case now -before us. Acts 1882-3, p. 505; Acts 1893, p. 365.
We think it is plain that the act of 1873 conferred on the commissioners of Murray county authority to erect a court-house for the county. The argument that the law conferred on them the power to levy all taxes for county purposes, but left the power to erect the court-house in the ordinary, is ingenious but unsound.
The contemplation of the statute is, that, in posting a notice, it will be fastened or fixed so that it may reasonably be expected to remain for four weeks. In other words, it is a posting having some permanency. Where the testimony introduced by the defendants tended to show that the notice was posted more than thirty days before the contract was let, and remained so posted, evidence to the effect that not long after the time when it was claimed that the posting was done, and at several times before the contract was let, the notice was not posted, had evidential value in determining whether in fact the notice was posted at all, and raised a conflict as to that point. The order of the presiding judge grant- ' ing the injunction was general in character, and may have rested on his finding on this issue of fact. We can not say that it did not do so; and if he thus found such issue (so far as to authorize
Affirmed.