128 Ga. 43 | Ga. | 1907
(After stating the. foregoing facts.)
The town of Boswell had its municipal birth in the county of Cobb. The original act of its creation, in its first section, declared that “the village at and around the factory buildings of the Boswell Manufacturing Company, in the county of Cobb, in this State, embracing an area of one mile in every direction from the Presbyterian Church in said village, be and the same is hereby incorporated by the name and style of the. town of Boswell.” The seventh section of the act declares that the intendant of the town, and each member of the board of commissioners, to all intents and purposes shall be a justice of the peace, so far as to enable them or any of them to issue warrants for all offenses committed within the town, to discharge, bind over, or commit such offenders to jail, “and the jailor of said county of Cobb is required to receive and keep in the common jail of said county all such offenders as may be committed as aforesaid, till discharged by due course of law; and in the event of the inability of the persons so committed to pay the jail fees, the said' corporation shall be liable for the payment of the same.” The amendment changing the corporate limits recognized the location of the town of Boswell in Cobb county. The title of the act of 1883 is, “An act to amend the charter of the town of Boswell, Cobb county, Georgia, by changing the corporate limits of said town, and for other purposes.” The only part of the original act of incorporation affected by the amending act was that prescribing its.boundaries. The very title of this amendment recognized the location of the town of Boswell in Cobb county. The act of 1883 does not undertake to amend either the caption of the original act or the seventh section thereof, which confers upon the municipal officers the authority of a jus
The foregoing discussion disposes of all the questions necessary for an adjudication of the case, and we forbear discussing the constitutional and other questions raised by the record.
Judgment affirmed, with direction.