Georgia Reports Volume 45

Georgia Reports Volume 45

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1873 edition. Excerpt: ... dilly and regularly paid, on pain, not of losing the debt, but Simply of the dismissal of that suit. The terms of this law can he complied with by any one, who, at the time the afiida"13 isfilezl, can truly make the oath, and even if his suit be dismissed, if at any time thereafter he can truly make the oath, he can commence again. The title of the Act, so far as it pertains to this part of the law, declares it to be an Act to deny the aid of the Courts (0 =1 certain class of contracts, not because, but until the legal taxes due thereon have been paid. And the body of the Act permits the party to go into Court with his suit, or if in, to K0 011 with it whenever he is ready to swear that the taxes 7 The Macon and Augusta Railroad Company-vs. Little. have been duly and regularly paid. As to pending suits, it is true a time is limited; but each suitor has full six months within which to qualify himself to make the affidavit, by paying to the public the debt he owes for taxes upon the contract he is seeking to enforce. The words used in the Act are, "duly and regularly paid." In another place, "duly paid for each year," and again, "regularly given in for taxes and the taxes paid;" and again, section 5, "duly paid." It is said-no man can truthfully take the oath required, unless he have given in and paid the t-axes at the precise time, and in the precise manner provided by law, and not if he have given and paid them at some other time and manner permitted by law. Under this view no man can say he has duly paid his tax for any year, if he has waited until a fi. fa. has issued against him, or if he has failed to give in, and has been double taxed as a defanlter, and duly paid that; or if he...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236990285
  • 9781236990280