The leader-enterprise. [volume] (Fitzgerald, Ga.) 1912-1915, 1913-07-23

executions county The plaintiff not bound
publish without of his fees and had the
right to demand them in advance"
If the only question for you to whether the official
legal proceedings force the county pay the Dill
very obvious that the decision of the Court ABOVE
rules that county be held liable for such
BILL based question the business or
the items of the account but upon the broad general
proposition that county not subject suit upon such cause OF
However, understanding that you are asking for our
opinion the ppety of adjustment of this particular bill and
oner disputes without referring whether can be
forced to pay such by legal proceedings not AS to this
would saw that we know which would the county
paying debt incurred in good ah and for
which received consideration benefit and if you IN the
exercise your discretion and judgment control of county matters
to pay bills much thereof deem proper to pay
and so much thereof as the county received benefit Of there
no law would deny the privilege OF doing This
dispute somewhat loose Irregular and many instances
ILLEGAL av of carving out details and collection of tax
executions and while this subject deem to call
these eges which we think should be taken
into consideration passing upon this BILL and should certainly be
guarded against the future by the respective officials
Beginning with tax fs find in many instances
as are against being unreurned and the owner
unknown when point of fact the is not unknown If the
previously returned by the owner and in the year in
not returned presumed be the property of the
records show that such has parted with
it, record would show to whom 1t was conveyed Ii
from this accessible source of from other knowledge
acquired by the who issue executions the ownership of pro-
perty can be ascene then it illegal to issue execution against
the property being ownership and such execution
void
When an issued against the and the entire
property IS levied upon levy illegal being exce
sye therefore void levy unless the levy esh ow that
is not capable of subdivision admit of the levy being
made upon only part the property large majority OF sales
yesed which called attention have been based
IF thic nrinpinln of
law.
Tn some instances where legally ssued and levy
made Hereunder which otherwise be legal yet the eves in
sufficiently described the property and for that reason sucn v are
void and the sale thereof would convey no title
From the foregoing propositions when applied
particular and vies under which such advertise
ments were made that nearly all if not all of these
eyes were illegal the advertisement thereof without fault on the
official would be of no legal benefit to the coun
except where whstandng the illegal feature the tax was
actually collected 1t have been the practice OF the omc
time subject to the defects above pointed
and on the part of the evyng officers nearly always make evies
that we're defective for the stated and the bills for the
same we presume paid the In the instance
our the editor of the would have re-
sed to publish the advertisements the sheriff personally stood
good for them personally be the loser the
county declines the BILL and yet the bill had been presented
county of the publication such bills might have
been paid without investigation the eg scency levy
advertised and in that the county would have been out
the full amount such bills Properly the bill should have been
paid advance before the publishing be done it
that only legal levies adver tsed.
In of the foregoing considerations occurs to us that the
wsest thing county would be make some kind of
the dispute not put the entire loss
resulting illegal and advertising the county, the
official newspaper or the sheriff.
Under Section 5000 of Code of 1910, the rates allow
ed for publishing legal advertisements fixed at &c.,
for each insertion for the first four insertions and Sc
her hundred words for every subsequent insertion and
in all cases. fractional parts shall be charged for at the
same rates. The Supreme Court of Georgia. in the case