146 Ga. 218 | Ga. | 1916
(After stating the foregoing facts.)
1. A county may issue bonds to be paid for with funds derived from public taxation, and procure a judgment of the court confirming and validating the same, only when the constitution and laws of the State have been fully complied with. One requirement, among others, is that bonds of this character may issue only when two thirds of the qualified voters have given their assent to incurring the debt. Park’s Code, § 6563. This assent must be expressed in an election held for that purpose under the rules provided by the General Assembly. Park’s Code, § 441. “In determining the question whether or not two thirds of the qualified voters . . voted in favor of the issuance of said bonds, the tally-sheets of the last general election held in said county . . shall be taken as a correct enumeration of the qualified voters thereof.” Civil Code (1910), § 443.
Where legislative provision has been made as to the registration of voters in such a bond election, and where such provision is applicable in a particular county, such registration will be considered rather than the general rule provided by the Civil Code (1910), § 443. Gracen v. Savannah, 142 Ga. 141, 143 (82 S. E. 453). It is insisted by the defendant in error that such provision has been made, and that the same is applicable in the County of Chatham (Acts 1915, p. 54). The first section of this act provides, “that the county officers having charge of the levying of taxes for any county having a city therein which now has or which may hereafter have a population of not less than 60,000, nor more than 150,000, may establish a system of registration whereby' the. electors of said county qualified to vote for members of the General
Judgment reversed.