Park's annotated code of the state of Georgia, 1914 Volume 1; embracing the code of 1910 and amendments and additions thereto made by the General ... annotations from the judicial decisions

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ...though charter provided for appropriation and assessment; owner could recover value of property and was not liable for improvements. 96/377 (1) (23 S. E. 406). Presumption exists that municipality in taking land for construct ing sewer is acting for a public purpose. 91/462 (17 S. E. 1011). See Limits; see also notes to § 897, catchword Sewers. Damages to property from construction of sewers: See notes to § 6388, catchword Municipal corporations. Speed of railroad trains, power to regulate: See Railroad. State, municipality cannot pass ordinance for punishment of offense against penal statute of, without express legislative authority. 102/841 (2) (30 S. E. 298); see 35/145; 74/516, 519; 77/662, 665 (1 S. E. 167). Legislature may, by express enactment, authorize municipalities to punish act affecting health, peace, and good order of community, though such act already made penal by State law. It cannot grant authority to municipal court to punish State offense as such, but it may authorize punishment of act as city offense, which would also be State offense, provided terms of act conferring such authority are clear and unequivocal. 123/427 (1), 429 (51 S. E. 390). While municipality cannot punish act made penal by State law, it does not necessarily follow that it can make penal any act which State has not declared a crime. Power under general welfare clause to punish acts otherwise lawful is limited. 116/546, 547 (42 S. E. 747). Whenever legislature has brought within police power any particular subject, municipal authorities, under usual general welfare clause, may deal with such subject, limited by rule that they cannot deal with act which is purely violation of State criminal statute. 5 App. 9 (1) (62 S. E. 654). How decided whether ordinance inv...