Smyrna incorporation in 1872

Smyrna City Hall in article about Smyrna millage rate

This is the second in our series Cobb County History through Documents, and is the text of the Smyrna incorporation act of the Georgia legislature in 1872.  Last week we ran both the incorporation and dissolution acts from the time Mableton was briefly a city.  One particularly interesting thing, since Smyrna recently moved to relax its ordinances around the sale and consumption of alcoholic beverages, is the brief section prohibiting the sale of alcohol.

The document was retrieved from the Georgia Legislative Documents initiative, which is available through GALILEO on the Cobb County Library website.

Content of Act/Resolution

Act/Resolution 90 of 328



1872 Vol. 1 — Page: 262

Sequential Number: 169
Law Number: (No. 169 — O. No. 107.)

Full Title: An act to incorporate the town of Smyrna, in the county of Cobb; to appoint commissioners for the same; to define the corporate limits of said town; to confer certain powers upon the officers of said corporation, and for other purposes.

Section 1. The General Assembly of this State enacts as follows, That, from and after the passage of this act, the inhabitants now living in the town of Smyrna, within one mile of the Smyrna Academy, in every direction from said academy, and those who may hereafter live within said limits, be, and they are hereby, made a body corporate, under the name and style of the Town of Smyrna, and by that name they may sue and be sued, plead and be impleaded, in any court of law or equity in this State, may have and use a common seal if they shall so desire, and shall have such powers only as are conferred by this act, or subsequent acts amendatory thereof.
[Sidenote: Incorporated.]
[Sidenote: General powers.]

Sec. 2. Be it further enacted, That the corporate limits of said town of Smyrna shall extend one mile, in every direction, from the Smyrna Academy in said town.
[Sidenote: Limits of.]

Sec. 3. Be it further enacted, That, on the first Saturday in July, 1873 and on the first [Illegible Text]

Page: 263
July thereafter, there shall be an election held in the said town of Smyrna, for an intendant and four aldermen of said town, who shall hold their offices for one year, and until their successors are elected and qualified; said election shall be managed by any three freeholders of said town, at such place therein as they may select; at said election, all persons who shall have been residents of said town for ten days immediately preceding said election, who are entitled to vote for members of the General Assembly of this State, shall be entitled to vote for said intendant and aldermen: Provided, He or they shall have paid all legal taxes due by him or them to said corporation, which he or they have had five days in which to pay said tax.
[Sidenote: Election.]
[Sidenote: Who may vote.]

Sec. 4. Be it further enacted, That said intendant and aldermen shall have authority to make all rules and ordinances necessary, in their judgment, for the peace, welfare and prosperity of said town: Provided, They shall have no authority to make any ordinance that imposes a greater fine than five dollars upon any person for violating any one of said rules or ordinances, or imprison any person for any such offense longer than twenty-four hours; said intendant or aldermen shall make no ordinance for the collection of taxes from the entire citizenship of said town of more than fifty dollars in the aggregate for any one year. All taxes imposed upon the inhabitants of said town shall be ad valorem upon all species of property within the corporate limits of said town, except churches and school-houses.
[Sidenote: Rules, etc.]
[Sidenote: Taxes.]

Sec. 5. Be it further enacted, That it shall not be lawful for any person to sell any spirituous or malt liquors of any kind, within the limits of said town, unless the intendant and aldermen of said town shall, by ordinance, otherwise ordain; and said intendant and aldermen shall have authority to license retailers of spirits of any kind upon such terms as they shall deem proper.
[Sidenote: Liquor license.]

Sec. 6. Be it further enacted, That John C. Moore, E. D. L. Mobley, W. R. Beel, W. L. Davenport and G. P. Daniel shall be the intendant and aldermen until the election provided for in this act, with all the powers conferred upon the intendant and aldermen to be elected under this act, and the first named shall be the intendant.
[Sidenote: Intendant and aldermen.]

Sec. 7. Repeals conflicting laws.

Approval Date: Approved August 23, 1872.