The Mayor and Aldermen of the City of Savannah shall have authority to enforce the
collection of water rents and water charges for water furnished from the municipal
waterworks when such rents and charges are due and remain unpaid for a period of ninety
days, by execution to be issued by the city treasurer against the owners of the premises
upon which the water is furnished, and such other persons as may be liable therefor.
The said execution shall be a lien upon the said premises, and when recorded in the
general execution docket of Chatham County, Georgia, shall be a lien upon all of the
property of the defendants in execution from the date of such record.
The said execution may be levied by the marshal of said City or his deputy, and after
advertisement and other proceedings, as in cases of sales for city tax, the property
levied upon shall be sold at public outcry to the highest bidder, and such sale shall
vest an absolute title in the purchaser; provided, that the defendant shall have the
right to file an affidavit denying that the whole or any part of the amount for which
the execution issued is due, and stating what shall be paid or collected before the
affidavit is received, and the affidavit received for the balance; all affidavits
shall set out in detail the reasons why the affidavit [affiant] claims the amount
is not due, and when received by the city marshal shall be returned to the municipal
court of Savannah, if the amount contested is one hundred dollars or under, and to
the Superior Court of Chatham County, Georgia, if the amount contested is over one
hundred dollars, and there tried and the issue determined as in case of illegality
for delay.
In case a third person claims the property levied upon, such third person shall file
with the city marshal a claim affidavit and bond, or pauper affidavit, as now provided
by law in claim costs, and if the amount of execution is one hundred dollars or under,
the said execution, with the claim affidavit and bond or pauper affidavit, as the
case may be, shall be returned to the municipal court of Savannah, and if the execution
is for a sum over one hundred dollars, the same shall be returned to the superior
court of Chatham County, Georgia, and there tried and the issue determined as in claim
cases, subject to all the pains and penalties provided for in cases of claims filed
for the purpose of delay.
