Remedy by affidavit of illegality filed with the clerk of the board of commissioners,
or other county authority, shall be available to any person against whom execution
shall be issued upon an assessment authorized by this law for any right arising after
and which could not be urged in a legal proceeding commenced within 15 days after
the resolution authorizing such improvements referred to in section 50-40 of this
article, provided the person filing such affidavit shall state what, if any, amount
he admits to be due, which amount so admitted to be due shall be paid or collected
before the affidavit shall be received; and all such affidavits so received shall
be returned to the Superior Court of Fulton County and there tried, and the issues
determined as in cases of illegality subject to all the pains and penalties provided
in cases of illegality for delay.
(1949 Ga. Laws (Act No. 334), page 1423, § 10)
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