► v- * I , Ag LAWS AND ORDINANCES OF THE Revised and Adopted in GounciE, December, 187D. TOO ETHER WITH THE AMENDED CHARTER OF INCORPORATION, t COVINGTON, (IA., rmXTEp AT THE ''GEORGIA ENTERPRISE'' OFFICE. IS7T. 1^^023 Library of Emory University 70575 SEP 13 1932 LAWS AND ORDINANCES OF THE CITY OF COVIS0TON, Revised and Adopted in Councif, December, 1870. TOGETHER WITH THE AMENDED CHARTER OF IA'CORPORATION. COVINGTON, GA., PRINTED AT THE "GEORGIA ENTERPRISE*' OFFICE. 1871. A IV A €t T h?0 Incorporate the City of Covington, in the County of Newton,—to define the Corporate limits thereof, and for other purposes mentioned therein. Sec. 1. Be it enacted by the Senate and House of Representa- tives of the State of Gfeorgia in General Assembly met, and it is hereby enacted by the authority of the same: That from and after the passage' of this Act, the Town of Covington, in the county of Newton, shall be known and called by the name Of the City of Covington, and that the authority and jurisdiction of said city of Covington, shall extend one mile in every direction from the Court House. Sec. 2. And Ife it further enacted by the authority aforesaidf That each and every Section and provision of an Act to- amend air Act entitled " An Act to incorporate the town of Marthasville, in the county of DeKalb,'.' passed on the 23d day of December, eighteen4 hundred and forty^three, and to enlarge the boundary of said town, and to incorporate the same under the name of the City of Atlanta, and to change the name of the town of Rome to the City of Rome, to provide for the election of a Mayor and City Councilmen, and other officers of said city, arid to confer upon them specified powers,* and for other purposes therein mentioned, which said act was passed on the twenty-ninth day of December, eighteen hundred and forty-seven, in relation to the City of Atlanta, shall apply to and be in force in the said City of Covington, as fully and perfectly and to the same extent, as if specially written and contained in this Act; provided, however, nothing in this Act shall allow any salary to the Mayor arid Councilmen ;- and provided, further, in the' use of the taxing power nothing in this Act contained shall permit or allow the Mayor and Councilmen to levy and collect any tax upon lands used for Agriculture within the limits of Said city and provided, further, that nothing in said Act contained shall auv thorize the Mayor and Aldermen to increase the Retail Liquor 4 Licenses beyond the amount now charged by the General License Laws of this State. Sec, 3. And be it further enaeted by the authority aforesaid, That the several Acts incorporating the Town of Covington, and the several Acts amendatory thereof be, and the same are hereby repealed, and every Law militating against this Act be, and the same is hereby repealed. JOHN E, WARD, Speaker of the House of Representatives. JOHN D. STILL, President of the Senate. Approved, Feb. 17, 1854. HERSCHEL V. JOHNSON, Governor. Secretary of State's OfficeyMilledgeville, Ga,y April 28, 1854, I do hereby certify that the foregoing is a true and correct copy of said Act, as appears from the enrolled Act of Deposit in this Office. E. P. WATKINS, Secretary of State. ACT OF INCORPORATION. AN ACT to amend an Act entitled " An Act to incorporate the Town of Marthas- villc, in the county of DeKalb," passed the Twenty-Third day of December, Eighteen Hundred and Forty-Three, and also to enlarge the boundary ofsaidTown, and to incorporate the same under the name of the City of Atlanta, and to change the name of the Town of Rome to that of the City of Rome,; to provide for the election of a Mayor and City Councilmen, and other officers of said Cities, and to confer upon them specified powers, and for other purposes herein mentioned: Sec. 1, Be it enacted by the Senate and House of Representa- tives of the State of Georgia in General Assembly met, and be it hereby enacted by the authority of the 6ame, That from and after the passage of this Act the Town of Atlanta shall be 4cnown and called the City of Atlanta, and the authority and jurisdiction of said city shall extend one tnile from the State Depot in every dis rection. Sec. 2. And be it further enacted by the authority aforesaid, That within sixty days after the passage of this Act, by giving two days notice, and on the third Monday in every January thereafter, all free white persons, citizens residing within the corporation of said city, who shall be entitled to vote for members of the Regis- lature of said State, shall be entitled to vote for a Mayor and six members of the City Council in lieu and stead of Commission"* ers, as is provided by the Act of which this is amendatory ; and that any person or persons legally entitled to vote at said election, shall be eligible either for Mayor or members of the City Council, at which election one Justice of the Inferior Court, or of the Peace, and two freeholders, neither of whom being a candidate, shall pre- side; and the persons receiving the highest number of votes shall be declared duly elected. That the managers of said elections shall give certificates to that effect, which shall he evidence of their clec- tiou, and authority to act, aud be recorded by the clerk of the City Council in a book to be kept for that purpose—which record shall be held and esteemed the highest evidence of such election. 6 Sec. t. And be it further enacted by the authority aforesaid, That no person shall be entitled to vote at said election, except b® be duly qualified to vote for members of the Legislature as aforesaid, saad shall be citizens residing within the corporate limits of said city. Any person voting at such election contrary to the provision of this section, shall be guilty ot a misdemeanor, and on indictment and (Conviction thereof, shall be punished by imprisonment and labor in the Penitentiary of this State not more than two nor less than one year. Sec, 4. And be it further enacted by the authority aforesaid, That the Mayor and the members of the City Council shall, in all cases, hold their offices until their successors are elected and quali- jied; and in the event that the office of Mayor, or any one or more of the City Council, shall become vacant by death, resignation or re- jjaaoval, or otherwise, that the Mayor, or in case his seat is vacated, a jaajority of the members of the City Council shall order a new ■election by giving at least ten days notice in any one or more of jfche city papers, or at two or more of the most public places in said city; and said election so held shall be managed in the same man- ner as the elections to be held in chief, according to the provisions of the Second Section of this Act, Sec. 5. And be it further enacted by the authority aforesaid, That the Mayor and members of the City Council as before men*, tioned shall be known as the Mayor and Council of the city of Atlanta, and by such their corporate name shall sue and be sued, plead and be impleaded, and do other acts relating to their corporate capacity ; and shall have and use a common seal, and shall be capable in law to purchase, hold, receive, enjoy., possess and retain to them and their successors, for the use and benefit of the said city of Atlanta, in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements, heredi- laments, of what kind or nature soever, within the limits of said city, and to sell, alien, exchange or lease the same or any part thereof, or convey the same, or any part thereof, in any way whatso- 7 ever. And the said Major and Council shall have full power and authority to pass all By-Laws and Ordinances respecting the streets of said city, to open and lay out the same, respecting public build- ings, work houses, market houses, public houses, carriages, wagons, carts, drays, pumps, wells, springs, fire engines, care of the poor, suppression of disorderly houses, regulation of negroes and tree persons of color, and ever)- other By-Law, Regulation or Ordinance that shall appear to them necessary and proper for the security, welfare and interest of the said city, or for preserving the peace, health, order and good government of the same. Sec. 6. And be it further enacted by the authority aforesaid. That the said Mayor and members of Council shall, at their first annual meeting after their election, proceed to elect, by ballot, a- Marshal, and if they deem it necessary, a deputy Marshal of Marshals, Clerk of Council, and Treasurer, each of whom shall remain in office until a new election for Mayor and Council is had* (unless removed), and their successors appointed ; and the salarie8 of the said officers shall be regulated by the laws and ordinances of the Mayor and Council, and shall not be increased or diminished during their continuance in office, Sec. 7. And be it further enacted by the authority aforesaid* That as soon as convenient after the election of the said Mayor and members of Council, and before they enter upon the discharge of their official duties, the Mayor shall, before some Justice of tft© Inferior Court or Justice of the Peace, take and subscribe the ft>l* lowing oath : " I (A. B.) do solemnly swear that I will to the id* most of my ability discharge the duties of Mayor (or Council, as the case may be), for the city of Atlanta, during my continuance in office, so help me God." And the Mayor, after being so qualified a,s aforesaid, shall have full power and authoriry to administer sidd o*th to each member of the Council. Sjec.. .8. And be it further enacted by the authority aforesaid* That in case the Mayor or any member of the City Council, while in office, shall be guilty of any wilful neglect, malpractice in, ©r 8 abuse of said office, he or they shall be liable to be indicted before ti^e Superior Court of the county of DeKalb, and on conviction thereof shall be fined in a sum not exceeding five hundred dollars for each and every sueh offence, and shall moreover be removed from office—which fine or fines shall be paid over to the City Treasurer for the use of said City. Sec. 9. And be it further enacted by the authority aforesaiJ, That the Mayor and four members of Council shall form a quorum to transact all business, and the Mayor or President pm tern shall have the casting vote, and a majority of the votes shall determine all questions and elections before the Council; and the Mayor and each member of the Council sha1! be to all intents and purposes a Justice of the Peace, so far as to enable them, or any or either of them, to issue warrants for offences committed within the corporate limits of said city—which warrants shall be executed by the Mari shal or Deputy Marshal—and to commit to the jail of the county of DeKalb, or to admit to bail offenders for their appearance before the next Superior Court thereafter, for the county of DeKalb ; or in case the offender or offenders are slaves or free persons of color, then and in that case they shall be committed to the jail of DeKalb county, or bound over for their appearance at the next Inferior Court of said county of DeKalb to await his, her, or tbeir trial; and it shall be the duty of the Jailor of said county of DeKalb to receive all such persons so committed and safely keep the same until discharged by due course of law. Sec. 10. And be it further enacted by the authority aforesaid, That the expenditures of the Mayor and Council and the compen^ sation of the city officers shall be paid out of the city funds, by an order drawn by the Clerk of Council upon ti e City Treasurer, and countersigned by the Mayor, or in his absence, by the President pro tern, of the Council; and the Marshal, Treasurer and Clerk shall give bond and security to the Mayor and Council of the city of Atlanta in a sura each to be fixed by the Mayor and Council for the faithful performance of his or their duties. 9 Sec. 11. And bo it further enacted by the authority aforesaid^ That any of the Officers of such corporation who may be sued for any act done in his or their official character, may justify under this act. Sec. 12. And be it further enacted by the authority aforesaid, That the said Mayor and Council of the city of Atlanta shall have power and authority to call out each and every male person within the jurisdiction of said corporation subject to road duty, who shall be compelled to .do road and street duty, according to the laws now in force in this State, or the said Mayor and Council shall have power to levy and collect a tax for that purpose. Sec..'13. And be it further enacted by the authority aforesaid, That the said Mayor and members of Council shall have full power and authority to pass all ordinances and by-laws necessary for the government of said city which do not conflict with the Constitution and laws of the said State of Georgia, and of the United States, reference to which alone shall be had in the adjudication? io be had upon this Act : and they shall have special power tq make all contracts in their corporate capacity which they may ijieem necessary for the welfare of said city—to levy a tax not exceeding the State tax on all persons, professions and property wjithin the corporate limits of the city, of whatever kind, either real or per> sonal, which is subject to taxation by the laws of ffiis State— which tax shall be collected by a Tax Collector to be chosen by the Mayor and members of Council, who shall, previous to entering upon the duties of his oflice, give bond and security to the Mayor and members ot the Cjty Council, in a sum of pot exceeding teq thousand dollars for the faithful discharge of the duties of his office, who shall also act as Tax Receiver for said City—which tax shall be collected at sqch times and in such planner as the Mayor and members of the .Council in their by-laws shall direct, and shall pay the Taxes so collected over to the Treasurer of said city, on or before the first day of August jn the year eighteen hundred and forty-eight, and on or before the first day of August in each and 10 every year thereafter ; arid the said Tax Collector shall receive fry. his services such sums as may be fixed and set apart by the Mavor and members of Council, and whose term of office shall expire (unless removed) with those who elected him. To empower their said Marshal or Deputy Marshal to remove all nuisances within the corporate limits of said city, and especially require him, the said Marsha], to prosecute before the Superior or Inferior Court of the county of DeKalb, all offenders ; and for this purpose the said Marshal or Deputy Marshal shall have full power and authority to examine all places where he suspects a violation of the laws of this State to be carried on, and shall have full power and authority to call to his aid any and all of the white male citizens of said city capable of bearing arms, and shall report all offenders against the penal laws of this State to the Mayor or any member of the Council, whose duty it shall be upon such to issue a warrant or warrants, binding over such offenders to appear before the proper tribunals to answer such charge. Sec. 14. And be it further enacted by the authority aforesaid, That in all cases where any person or persons, citizens of said city, .or who have property subject to taxation within the corporate limits of the same, shall fail, refuse, or neglect to pay the taxes imposed according to this act, the Clerk of the City Council shall issue execution for the same, which execution shall be signed by said Clerk, and bear test in the name of the Mayor, and be directed to the Marshal of said city, commanding him to levy on the goods, chattels, lands and tenements of the defendant's, or sx^much thereof as shall be sufficient to satisfy the demand and cost, which execu- stion shall bind all the property of the defendant from the date thereof, and the cost thereof shall be the same as on Tax Collector's execution.by the laws of this State; and the said Marshal shall proceed to advertise and sell in such manner as the laws or ordin> ances of said city shall or may direct—provided that in case such execution shall be returned by said Marshal '* no property to be found," then, and in that case, a Capias ad satisfaciendum agajnst 11 *the body of the defendant or defendants may issue, from which he .shall not be discharged, except by virtue of the laws of this ;State made for the relief of honest debtors ; and should any ;3uch defendant or defendants fail to give security for his or their ..appearance before the Superior or Inferior Court of DeKalb county, to lake the benefit of said Act, then and in that case, he, she, or -they, shall be committed to the common jail of the county of De> Kalb, there to remain until discharged by due course of law. Sec, 15, And be it further enacted by the authority aforesaid, That the Mayor, and in his absence any three members of the City Council, shall have full power and authority to impose such fines, not exceeding fifty dollars, for the violation of any or all of the By-Laws and Ordinances of said city within the corporate limits of the same—provided such By-Laws and Ordinances be not vio* dative of the Constitution or laws of this State or of the United States, Sec. 16. And be it further enacted by the authority aforesaid, That the payment of all fines imposed pursuant to the preceding section, shall be enforced in the same manner which is hereinafter |]before] provided for the collection of taxes. Sec. IT. And be it further enacted by the authority aforesaid, That the Mayor of said city shall receive for his services the sum of Two Hundred Dollars per year, and that each member of the City Council shall receive a salary of Twenty Dollars a year; and all "1 do solemnly swear that X will not sell, barter, give or furnish to any minor, or suffer the same to he done if in my power to pres v.ent it, any quantity of distilled, spirituous or intoxicating liquor, ^without the written or verbal consent of the parent or guardian ,;of the same, and that I will not sell ,or suffer it done, or furnish Jiquor fo any man who is at the time intoxicated or drunk.'' 32 II any person shall fail to obtain such license, and take the oaths prescribed above, or having done so, shall violate the same, such person shall be arrested by the Marshal, and taken ben fore a Justice of the Peace, and bound over for his appearance at the next term of the Superior Court, held in the county of Newton, then to answer for such violation of the laws of the State; and if it be such a violation as only contravenes the laws of this city, then the offender shall be brought before the Mayor and Council, who on conviction of the offense, shall sentence him to be fined not exceeding fifty dollars and cost of trial for each offense. Sec. 22, Any person haying or using an omnibus, wagon, dray, cart, or any other vehicle drawn by a borse or horses, mqle or mules, ox or oxen, for transporting passengers, baggage or mer* chandise, or anything else to or from the Depot, or any other part of the city, (except those who haul wood or produce into the city, for sale), shall first procure from the Clerk of the Council, a license and nuniber for said omnibus, dray, wagon or vehicle, for which they and each of them shall pay the amount assessed in the Tax List, and the Clerk's fee for issuing the same,—provided this seo<- tion shall not be so construed as to prevent any person from keep ing and using any wagon or vehicle for his own private use and benefit, without license. For any violation of this Ordinance, ex- cept in cases of building, or removal from one part of the city to another, the offender shall, on conviction, pay a fine of one dollar for each load so drayed. Sec. 23. Any person or persons owning and using a licensed dray, wagon or cart, who through ill-will or obstinacy, or without cause, refuse to dray or haul upon being requested to do so, for any person within the city, shall on conviction before the MaJOf or Council, pay the sum of one dollar and costs for each load §o refused to be hauled. Sec. 24. Any merchant or other person.whq shall employ q,ny- team of horses, mules, or oxen, to haul any goods or merchandises aa of any kind, or any other thing to or from the Depot, or to any other part of the city, who has no such license or number, (except in cases of building or removal, and improving city lots), such per- son so offending shall, on conviction before the Mayor or Council, pay a sum of not exceeding one dollar and costs for each load so hauled. Sec. 25. Any person or persons who shall drive a vehicle or ride a horse, mule, or other animal, in a disorderly manner through the streets; or who shall drive or place any animal, wagon or carriage upon the side walks, so as to obstruct passengers, except in loading or unloading, shall, on conviction of the same, pay a fine of not exceeding five dollars and costs. Sec. 26, Any person who shall wilfully destroy any shade tree, ,or who shall fasten any horse, mule, or any other beast, to any shade /tree, in or around the City Park, Public Square, Streets, Alleys, pr Lanes, or fasten the same to any fence, tree, or house, within tb,e city limits, shall, upon conviction, pay a fine of not exceeding one dollar and costs ; but if such tree be injured, then the offender ghal) pay a fine of five dollars and costs, and the Marsha) shall, in pvery instance, take the horse or beast into his possession, and retain it until the fine and cost are paid. Sec. 27, Any person or persons who shall keep a common, ill- governed, disorderly house, or house of ill-fame, and any person who shall reside at such house, shall, on conviction before the Mayor and Council, pay a fine of not exceeding fifty dollars and costs of trial, And if any person so keeping or residing et such disorderly house, or house of ill-fume, make or suffer any noise to bo made in said house, which may annoy any citizen, he, she, or they, shall, on conviction, pay a fine of not exceeding fifty dollars and costs of trial. Sec. 28. Any member of the Council shall have the same power to summon persons, which is delegated to the Marshal, to aid in the suppression of any affray, broach of the peace, or other outrage; 24 any person refusing to obey such summons, shall be subject to tbp same penalty as if summoned by the Marshal. Sec. 29. All work on streets, if let, shall be advertised, and let out by contract, to the lowest bidder. Sec. 30. For the support ol the City Government, to maintain the poor, to sustain the public credit, and for other purposes ordin* ary and contingent, there shall be a tax levied on all persons and property within the incorporate limits of this city, of whatever kind, either real or personal, which is subject to taxation by the laws of the State, at the following rates: Be it ordained by the Mayor and Council of the City of Coving* ton, and it is hereby ordained by the authority of the satme, That the following tax shall be levied and collected for the year 1870, vis?: Gn each hundred dollars' worth of real estate in said city, except on such lands as are used and held for agricultural purposes, stock and trade, money and solvent debts, household and kitchen furniture oyer $300, one- tenth of one per cent. Road and street duty $ 2 00 Pleasure Carriages worth $150 or more, kept for use....,, 2 00 Pleasure Carriages worth less than $1,50, kept for use 1 00 Rockaway, Barouche, or such like vehicle kept for us£ 1 00 Buggy of whatever value, kept for use 1 00 Omnibus, Hack or other vehicle used for hire,... 7 50 Two Horse Dray or Wagoh, hauling for hire . 7 50 One Horse Dray or Wagon hauling for hire 5 00 Retailer of Spirituous Liquors, 12 months 30 00 Persons or Firms selling Liquor by (juart or bottle 10 00 Cover Horse or Jack kept or used in city 5 00 Peddlers selling Tobacco in less than 50 pound packages, per day 5 00 Non-resident Merchant or Peddler selling Goods, &c., not exempt from tax by Georgia, per day............ 5 00 25 Circua or Menagerie exhibiting in the city, per day.,,... 47 50 Exhibitions or Performances connected with Circus or Me- nagerie, charging additional fees, per day 5 00 All other shows or concerts, except by the citizens of said city, per day 10 00 Each mule or horse sold or traded by drovers in said city, whether delivered or not .. 1 00 Vendue masters, per year. 10 00 CLERK'S FEES. For license to retail dealers of spirituous liquors 1 00 For license to persons or firms selling spirituous liquors by the quart or bottle 1 00 For license to Vendue master .................. 1 00 For license to owner of Omnibus or Hack 1 00 For license to circus or menagerie 2 50 For license to other shows exhibiting, per day 1 00 Salary cf Clerk of Council, Treasurer, Receiver and Col- lector of City Tax...... 150 00 Salary of City Marshal ,.... 400 00 Sec. 81. All persons owning any property specified in the 30th section of this Ordinance, shall give the same in, under oath, within the time specified j and the Tax Receiver shall, in all cases, ad» minister fhe following oath : " You do solemnly swear that the account you now give in is a just and true account of the largest ^amount of "taxable property on hand at any time between the first Jay of February and the first d,ay of May, 1870, (or whatever year said account may be rendered), and of all taxable property on the said first day of May, which you were possessed of, held or claimed within the corporate limits of the City of Covington, or were interested in, or entitled to, either in your own right, or the right of any other person, as parent, guardian, trustee, executor, administrator, agent, or in any other manner, to the best of your knowledge and belief, so help you God.'' Sup. 32. Be it ordained !>y the Mayor 9yd Council, That no l>l»ck smith shop |ha]l be kept or worked a* such within one hundred apd flfty yards of any dwelling house, within the corporate limits of Covington^ unless such shop or building be fire proof. And be i£ fi.trther ordained, that any person so keeping or .working any such blacksmith .shop—^it not being fire proof—shah pay a fine of not .exceeding ten dollars a day for every day such shop is worked, to be collected as all other fines and penalties are collected ; unless, in all cases, the owner of said blacksmith shop shall get permission fjom the City Council fo the contrary. ! Sec. 33, All owners pf houses upon the Public Square, and ad> joining the public streets, or upon unoccupied lots, shall keep the same underpinned from rear and sides, so as to shut out and exclude hogs and pigs, and abate the flea nuisance. That all ball playing upon the Public Square, or the street* of jthis city, be interdicted—the same being a public annoyance. And all persons violating the same shall be subject to arrest by the Marshal, and to fine and imprisonnjent within the discretion of the Mayor and Council. * SEg. 34. It shall not he lawful for any person to ride a horse or mule, or drive a vehicle upon the bridge over the creek, on the street leading to the Depot, faster than a walk ; and any person So offending shall pay a fine of five dollars, to be collected by the Marshal. Sec. 3t>. Any person or company who shall open a Gift Enter- prise in the City of Covington, shall pay in advance for license twenty-five dollars, for every day they may keep the sgme open, and one dollar to the Clerk for issuing such license. Sec. 36. Any person or persons who shall sell or offer to sell any Lottery tickets, either as principal, agent, or otherwise, within the corporate limits of said city, without first having procured from the Clerk of Council, a license authorizing such sale, for which license he or they shad pay the sutn of one hundred dollars ancj 27 Clerk's foe, shall bo arrested by the Marshal and brought before the Mayor and Council, and if found guilty of violating this section, shall pay a fine of not exceeding iifcy dollars and costs for each and every ticj^et so sold, or be imprisoned twentyvfour hours, or both at the discretion of the Board. Se$. jBf. Tfee feurling of shot or other missiles, by means oi India Rubber strings, fir other mode, upon the streets or Public Square, Js feereby forbidden, and shall be held to constitute an offense, for which the offender shall on conviction pay a fine of not less than ,on,e dollar, or be imprisoned, or both at the discretion of the Council j and it shall be the duty of the Marshal to arrest any or all persons violating this Ordinance and parry him fir them before jthe Mayor and Council. Sec. 38, All owners of real estate situate the streets of the city of Covington are hereby required to repair and put in good order such existing Side Walks as front or adjoin their respective property ; the grading to be jk.ept always as far as practical oi uoi- form height with the adjoining walk, and the WQr,k done to be sub> ject to the approval of the Marshal. And in aP cases where the water from the roofs of houses is carried by pipes fir guttering upon the side walks, the owner or owners of the house or houses shall cause the same to bp conducted to the outer edge of the side walk by a covered way which shall not protrude aboye the general level of the walk. If not done by the owners—if nepessary they shall be done by the Marshal at the owners' ejcpen&e, Sec. 39, All Vendue masters shall collect and pay over to the city Treasurer two per cent, on ajl sales made by them for non*. residents of the city of Covington, and a true statement make oi such sales to the Clerk. Sec, 40, It shall be the duty of the Ta^ Receiver and Collector to assess all persons and property within thp incorporate limits of the city of Coyington subject to tax by this Ordinance—in making 28 which assessment he shall be guided and governed by returns of such persons,'and persons holding property liable to taxation made cn oath, or returns made for the precedtng year, or on such infor-. mation as he can obtain from the neighbors of such persons. Sec. 41. And in all cases where any person or persons shall fail, neglect or refuse to pay their tax or taxes, in the time specified in this Ordinance, it shall be the duty of the Olerk of Council to issue execution, signed by said Clerk, and bearing test in the name of the Mayor, directed to the Marshal, commanding him to levy on and sell the goods, chattels, lands and tenements of such defaulters^ or so much thereof as shall be sufficient to satisfy the said execu^ tion and costs. And whenever the Marshal shall levy any such execution or executions upon any personal property, it shall be his duty to advertise the same ten days prior to the day of sale in three public places in the city. And whenever such execution or-execu^ tipns shop be levied on any real estate it shall be the duty of the Marshal to publish such real estate in three public place? in said city, and in one of the public gazettes of the State of Qeorgia for -sixty days prior to the day of sale. And all sales made by the Marshal by virtue of this section of the Ordinance shall be on the first Friday of the month, before the City Council Room in the city of Covington, between the hours of.ten o'clock in the forenoon and four in the afternoon, by public outcry to theJiighest bidder; and he shall receive foi his services 6J per cent, on the amount sold by him. Sec. 42. The Tax Collector and Receiver shall make out a sep- arate digest of such taxes and file it in the office of City Council, and shall on the tenth day pf Jul} report to ?he Mayor and Council all th,e defaulters in giving in and paying tbejr taxes, as specified in the foregoing section of this Ordinance. Sec. 43. It shall be the duty of the Marshal to make frequent examinations into the condition of the stove pipes and chimneys it) paid City, and.if he shall deem their condition a source of dangejr 29 to the city from fire, he shall require the actual tenant or occupant of the house where such stove pipe or chimney is, to remedy the same in twelve hours ; and on failure or refusal of such occupant the Marshal shall rep'ort such offender to the Mayor or Council, who shall—if from evidence he or they shall deem the condition of such pipes or chimneys dangerous—order the alteration to be made at the cost of the occupant; and such occupant shall be liable to a fine not exceeding' fifty dollars. Sec". 44, No person or persons with a wagon and team, or cart and team', shaft be allowed to camp in the incorporate limits of Covington Withm one hundred yards of any house ; and each and every person' who shall violate this section, shall be brought before the Mayor' or three members of Council, and on conviction of said violation shall pay a fine of not more than five'dollars and costs. Sec. 45. There shall be a Board of Health appointed for the city, consisting of three persons ; and they shall have full power and authority to require the owners or occupants of any lot to re- move or remedy anything on said lot or lots which in the opinion of said Board may endanger the public health ; and on failure or refusal of such owner or occupant to remove or remedy the same, the Board shall direct the Marshal to do so at the cost of said owner or occupant. • It shall be their duty to make such suggestions as they may deem advisable, to Council, to preserve the public- health. Sec. 46. Any person or persons who shall play a ad bet money or other valuable thing or things, at any game not recognized as an offense by the laws of this State, or permit the same to be done on his or her premises, shall on conviction before the Mayor and Council pay a fine not exceeding ten dollars and costs. Sec. 47. Any person or persons who shall fight chicken cocks in the incorporate limits of said city, either with or without Gaffs ; and any ^person who shall bet any money or valuable thing or things at a chicken cock fight, shall be liable, on conviction before so the Mayor or Council, to a fine of not more than twenty dollars* and costs of triall Sec. 48.- Any person who shall dig of scrape up and carry away sand from any street, lane, or alley of said city, shall, on eouvic- tion thereof before the Mayor, pay a fine of not exceeding twenty dollars and costs, for each offense. Sec". 49. Any merchant, grocery keeper, or other dealer, who shall keep open doors on the Sabbath day, or trade and traffic on that day, shall, on conviction before the Mayor or Council, pay a ftfle of not exceeding fifty dollars and costs. ^ Sec. f)0. It shall be lawful for any person against wftoffr any fine is adjudged by three members of the Council, to appeal from such decision, to Council, on payment of all costs which have aO- crued on the former trial before the Mayor or three members of Council, and giving security for the eventual condemnation moneys whose decision shaft be final. Sec. 51. When any person, against whom any fine is adjudged by the Mayor or three members of Council, for a violation of any section of this Ordinance, shall fail or refuse to pay said fine Of penalty at the time the judgment is rendered, the Clerk shall issue an.execution for the amount of said fine, and all costs. Sec. 52. It shall be the duty of the Marshal to kill all Dogs run- nlng at large in any of the streets of the city of Covington, belongs hig to the citizens of the same, which are not protected by the City Collar^ But nothing in this Ordinance shall be so construed as to preterit Uny person froi'n having of owning one dog, provided he be kept in his or her lot. Se6. 53. No person or persons shall be allovted to disturb, in any manner, duly licensed shows in Covington ; and the City Mar- shal is hereby empowered and instructed, to arrest any person or persons who may disturb duly licensed shows in Covington. 81 Sfec. 54. If* tht* owner, or person being in the possession of atiy dwelling house, store house, shop, barn or stable, shed, or any other house, within the limits of Covington, shall fire off or dis>» charge any gun or pistol, Roman candle, or other explosive sub- stance, in any such house aforesaid, or suffer others to do so, ex- cept such gun or pistol be discharged in his own defense, cr in ths fense of his property, the owner or person in possession thereof So offending, shall, on conviction thereof, be fined hot exceeding twenty dollars and costs, or be imprisoned twentydour hoftrs, or both, at the discretion of the Council ; provided, nevertheless, that the owner or occupant of shell house may release himself from the penalty by revealing the name of the perpetrator. Sec. 55. Any person or persons who shall drive a vehicle, or ride a horse or mule on the side walk, shall, on conviotion of such offense, pay a fine of not exceeding twenty dollars and costs. Sec. 56. Every owner or occupant of any house within the cors porate limits of the city of Covington, is hereby required to keep on his or her lot, a good, strong ladder, long enough to reach the top of the highest house on said lot; and on failure of the ov^nCr Or occupant to provide and keep such ladder, on being notified by the Marshal so to do, the City Council may cause one to be pro- vided at the expense of the owner or occupant. Sec. 57. Be it enacted by the Mayor and Council of Covington,' That all retailers of spirituous liquors in said city, be required to close their retail shops at the hour of ten, on each night ; and for keeping open doors after ten o'clock at night the offender shall be liable to a fine of not exceeding fifty dollars for each offense. Sec. 58. Be it ordained by the Mayor and Council of Covings ton, That it shall be unlawful for any person not connected with the Southern Masonic Female College, to go on the College ground, 32 or into the College buildings, uninvited by some one having aus thority to do the same, or to act in such a manner as to disturb those connected with the Institution in any manner whatever, either from the streets or any other point. Any person violating this Ordinance shall, on conviction^ pay a fine of not exceeding fifty dollars and costs, or be imprisoned, or both at the discretion of the Council. - SfiC. 59. That all Ordinances and parts of Ordinances militating against these Ordinances, be, and the same are hereby repealed. J. L. JONES, Mayor.-- Ai M. Cureton, Clerk of City Council. November 7f 1870,-. sfc- i