5 Ga. 522 | Ga. | 1848
By the Court.
delivering the opinion.
There are two questions presented by the record in this, case.
1st. Have the relators such legal right in the matter, as to eiititle them to the remedy which they seek 1
And 2d. Will the Superior Court control by mandamus, the discretion of the Inferior Court of Scriven county, in the case.
'
It only remains to apply these p dumpies to the case before us. The 5th section of the Act already referred to, provides, “that the Justices of the Inferior Court of deriven, shall, on he second Monday in January, or at any time thereafter, before the
The relators subínitted a report to the Inferior Court, in April, 1848, by which it appeared, that after applying the proceeds of the public lots at the new county site, and the old Court-House, Jail, and lots at Jacksonboro’, amounting to $972 75, it left a deficiency of $1,162 62, which it would be necessary to raise, by an extra-tax, to pay for the new buildings. And we believe that this sum fixed the discretion of the Court. They could not, it is true, exceed fifty per cent, on the State tax. They were bound, however, to execute the power conferred on them by the Legislature to that extent, provided it was necessary to raise the $1,162 62, and the report of the relators shows that the whole was needed. To levy a tax, therefore, of five per cent, only, was an evasion of their duty. The mandate of the law was imperative, and they had no option. And it is no sufficient excuse to say,‘ that the report of the relators failed to show when the money was needed by the contract. The 5th section of the Act peremptorily exacted the imposition of this extra tax, “on the second Monday in January, or any time thereafter, before the first Monday in May, 1848.” The Act may have been rashly or precipitately passed, still it must be enforced.
The General Assembly has seen fit to take from the Inferior Court, as it had the right to do in this case, its ordinary jurisdiction over these county matters, and confer it on particular individuals. For its proper exercise, these agents of the public pro hac vice, are answerable to the State, and to public opinion. See Commonwealth vs. Johnson, 2 Bin. 279.
The judgment below must therefore be affirmed.