The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-09-15
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jet 10 The condition contained In the
original grant from the tinted
Suites.
By Che second section If this act
of 1907 D. ~, II was made the duty
of The boards of county police. IN
The respective counties IN which said
lands arc situated 10 appoint a com
missioner Of commissioner. not to
exceed three, TO hc styled COMMITS.
sioncrs Of Swamp Lands, who should
give bond payable to the State Of
Mississippi, TO be approved by The
judge of probate Of such counties
respectively, and AFTER being recorded,
TO be filed In the Secretary of States
Office, conditioned for the faithful
application of said lands, or the pro-
cccds Of the sale Of the same, TO the
purposes for which they were granted.
and the safe keeping of all funds
that might come into their hands,
arising from or connected with the
disposal of said swamp lands.
The third section provided that,
after the execution of the bond aioro-
said, the Secretary of State, on the
application of said commissioner,
should furnish them with the state
ment of the number of acres of said
lands, in their respective counties,
and the commissioners are by said
act authorized to sell tho scrip for
cash, or dispose Of It in payment for
labor, as a price not less than fifty
cents per acre, and to apply the said
funds, or direct the labor, to the re-
clamation Of said lands by lcveeing
or draining them, etc.
BY the 9th section of the act, p.
SO, these commissioners are made
capable of suing and being sued in
their capacity Of commissioners OF
swamp lands, in all matters pertain
ing TO the duties devolved on them
by this act, or any contracts growing
out of the same. And by the fourth
section of the same act, the holder of
said scrip was authorized to locate il
on said lands, in the county dcsigna-
ted, a patent was TO issue.
In the case before us, the plaintiff
purchased scrip for two hundred
acres of land, at fifty cents an acre,
and claims to be the owner TO the
title thereto, under the acts to which
we have referred, by location and
compliance with the provisions of
the act Of 18th March, 1912.
This action is brought by him
against the defendant, as "swamp
land commissioner" The DECLARE
ton AYERS that defendant was on the
- day of December, 1857, ap-
pointed by the Board of Police of
Rankin county "Swamp Land Com
missioner" and proceeded to perform
the duties of said office. That plain
tiff is the legal owner of certain
tracts or parcels of the swamp and
overflowed land, embraced in the act
Of Congress, and the act Of the State
Legislature referred to describing
Them under and by virtue of the
provisions Of said acts. "That said
land so owned by him is and was
susceptible Of cultivation on the Oath
February, 1859, and that on that
day he was entitled TO receive from
defendant the sum Of one hundred
dollars, being fifty cents per acre Of
the, money arising from n sale Of said
land. That defendant refused to pay
on demand made by him, and asks
judgment against defendant, as such
commissioner, for said sum, etc.
To this declaration defendant de
INJURED. The demurrer was sus-
tanned, with leave to amend; and
the plaintiff filed his amended dec
laration against defendant as swamp
land commissioner, and averring his
appointment by the board Of police,
as in the original declaration. But
he alleges that defendant wilfully
neglected and refused to execute the
bond required BY the statute, aud
proceeded TO receive the scrip and
money belonging to said fund, and to
sell said scrip, all amounting to the
sum Of s2,lO0. Tho declaration
further states that the plaintiff is the
legal owner Of said land, as stated in
the original declaration that being
such owner by purchase Of scrip from
defendant, and payment of fifty cent.
in money per acre therefor; and said
defendant being, by law, bound, a'
such commissioner 10 apprppriatf