107 Ga. 704 | Ga. | 1899
By his petition for certiorari the plaintiff in error makes it appear that he was tried in the mayor’s court for the town of Jonesboro, for failure to pay his street tax to
2. The evidence set out in the answer of the mayor and council is sufficient to sustain the conviction of the plaintiff in error. In his statement it was admitted that he was summoned to work the streets, to commence on Monday, July 11; that lie appeared in response to the summons; that he was unwell and not able to work; that at noon he was requested by a gentleman to work for him, and that gentleman gave him the money to pay his street tax, and next morning he tendered it. According to this statement and the evidence which was submitted, the plaintiff in error had the alternative either to work the streets, or in lieu thereof, to pay a given sum of money. When summoned, he elected to do the work, and appeared but worked only for a short time. Not appearing again, the case was made against him, properly we think. When summoned, or at least when the time came for him to commence work, it was his duty to make his election. He chose to work, and when he subsequently stopped working before the expiration of the time he was required to work, he was a defaulter and then became liable for the penalty imposed on a defaulter. Having thus been in default, and having incurred the penalty, it was too late for him to avail himself of the alternative of the ordinance which he had already violated. The authorities could have accepted such alternative payment had they been inclined to do so; but they had also the power to treat him as a defaulter and to inflict on him, as such, the penalty prescribed by the ordinance of the town. In this instance they chose to do the latter; and it not appearing that tlje sentence imposed is in violation of law, the judge did not err in dismissing the certiorari.
Judgment affirmed.