116 Ga. 50 | Ga. | 1902
A hearing was had before the judge of the Oconee circuit, on the petition of the solicitor-general of that circuit, to validate certain bonds which were proposed to be issued by the County of Twiggs. The petition was brought and proceedings therefor had under authority of the act approved December 6,1897 (Acts 1897, p. 82). In accordance with the terms of that act, J. L. Wimberly and other citizens of Twiggs county intervened and sought to prevent, their validation. At the hearing the judge passed an order validating the bonds, and to this order the intervenors excepted. After due consideration, we are of the opinion that all the requirements of the act of 1897 were either literally or substantially complied with; Certainly the superior court of Twiggs
It is contended by the intervenors that the notice calling the election is illegal, void, indefinite, vague, and uncertain, for a number of reasons; among others, because it does not state with sufficient definiteness what date the bonds were to bear, nor when they will fall due, nor when the last bond will mature ; nor does it show that the bonds will be paid off within thirty years; nor does it state that any provision has been made to pay off the bonds when they become due ; no price is given at which the bonds are to be sold; no order or authority is given for publishing the notice; the notice does not state what amount of principal and interest is to be paid each year, and what time of the year each is to be paid; and no date appears to the notice. After a careful consideration of the questions presented, we are of opinion that there is no merit in any of them. The notice distinctly stated that the election would be held on March 6, 1902, to determine the question whether the bonds should be issued. The purpose expressed was the building and furnishing of a court-house and jail for Twiggs county. It appeared in evidence that this notice had been published in the manner, and for the time prior to the election, which th'e act prescribed. The notice declares that the amount of the bonds shall be $25,000; that they shall bear interest at the rate' of four and one half per cent., and be of the denomination of $1,000 each. It is then distinctly stated: “ One of said bonds to become due and payable, both principal and interest, at the expiration of twelve months from date of issue ; one of said bonds, both principal and interest, to become due and payable each successive 12 months as per number which shall be from 1 to 25, both inclusive, and the interest on the whole to be paid annually.” Here the rate of interest is given, the amount
Judgment affirmed.