State v. Edwards
State v. Edwards
Opinion of the Court
delivered the opinion of the court.
The adoption, by resolution, of the board of supervisors of the act of March 12, 1900 (Laws 1900, p. 153), merely declared that the county chose to come under that law. It was still necessary, in order that its provisions should be legally effectual and practically operative, that its essential provisions should be complied with. Among the provisions that are essential to the practical operation of the law are that the roads shall be divided into convenient links ; that the working of the roads shall be let out upon a competitive bidding ; that the bond of the contractor, shall be in double the amount of the bid ; that a list of the delinquents should be made, and dealt with as the act requires, and placed on the personal assessment roll, since otherwise there would be no legal charge against the delinquent ; and these provisions are material and vital. The act is adopted in Yalobusha county — that is, the county has chosen to come under the operation of the act. But action is necessary by the board in conformity with the provisions of the act, in order that the act may be practically administered. Every one of the provisions we have above set forth as vital to the legal operation of the act was flagrantly violated by the board of supervisors. The law has been adopted for the county, but it
Reference
- Full Case Name
- State of Mississippi v. Thomas Edwards
- Cited By
- 1 case
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- Syllabus
- Hi&hways. Working hy contract. Laws 1900, p. 1S3. FoAVwre to work or pay tax. . Misdemeanor. Criminal law. In order to make the law of 1900, p. 153, providing for working of highways by contract effective in a county, so as to render a delinquent road hand or taxpayer liable to punishment under sec. 7 of the law, making it a misdemeanor for one liable to fail to work on the roads or pay the road tax required, the law must not only be adopted by the board of supervisors of the county, but the board should, in addition, comply with the essential provisions of the law, and, among other requirements, should: (a) Divide the roads into convenient links; and, (b) Let out the working of the roads upon a competitive bidding; and, (c) Require of the contractor a bond in a sum double the amount of his bid; and, (d) Cause a list of delinquents to be made, dealt with and placed on the personal assessment roll, as required by the law.