The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1900-06-23


Following Is an abstract of the write
opinions of Acknowledgement McClur
Tor the month Of May:
Bridge Builders Bond In Case Of FIoo,
l. In case Of unprecedented food
that sweep away nearly all of tn
bridges in the county and such as wer
mot reasonably within the contempla
ton OF the board of supervisors o
builder at date of contract, it may wei
be doubted whether board can re
cover on the builders bond to keep il
repair If he should fail under sucl
circumstances. Acts of God reliev,
liability in such cases as general rule
However. the precise language of the
bond should be fully considered in con
nection with all the facts in each case
before taking final action in the matter.
Road and Bridge Laws Construed.
.. A claim for damages is not pre-
cluded by the mere recital in the petit
ton to establish q new road that all
parties through whose land the road
will pass have been notified; notwith-
the road has been opened and an over
seer appointed, if the notice was not in
fact given substantially as required by
section $500 of the code, there is no
estoppel under section 1894 against
such claim.
8. Under section 8, road law of 1900, it
is optional with the road hand whether
he work the eight days or pay the COM
mutation tax of So, but he must do one
or the other when called out or he will
at once become defaulter and may be
dealt with as such. This new law should
be read in connection with chapter
1T of the code and the amendments
thereof. The delinquences mentioned
in section of the act of 1900, do not |
mean that one liable to road duty may |
wait until the end of the contract year |
to pay the Communication tax. All of the |
laws on this subject should be construed
with the view of securing good roads.
4. The road law of 1900 does not re-
quire the board of supervisors to go in a
body with the road commissioner to in
spect the roads; any number of the
members of the board may go; the in
spection required by section of said
act is in view of plans and specifca-
tions for contracts. The pay of $40 an
nually to each member, where there is
q county road commissioner, or $50 I
where there is no commissioner, is the
only pay provided by law in such case. {
S. There is no authority in law for I
building bridges within corporate limits
at the expense of the county treasury. s
Sixteenth Section Land. t
8. Chapter Al, acts 1898, authorizes t
the sale of oak and ash GOOD by the
board of supervisors from sixteenth Sec
tions, but no timber except merchant
able pine timber" can be sold. The t
between mood and timber is
30 thoroughly understood in this State a
that no subterfuge should.be tolerated n
by which these lands may be denuded X
Of valuable timber under the pretense j
Of selling rood. Y
T. Wild sixteenth section lands leased ii
Tor seven years for the improvements tc
should be assessed to the lessee during ef
he term, but in case of sale for taxes pr
,nly the title of the lessee or his assigns
would pass. See section $3.50 of the w
ode. The assessor should note plainly al
hat the lease only is taxed to prevent
onfusion in case of sale. he
When County Health Omcers Are Not En- in
titled to Extra Pay. M
g. A county health officer who visits ell
uspicious cases of smallpox or other la
nfectious or contagious diseases, with
ut authority or direction from the an
GARD of supervisors, is not entitled to
ay out of the county treasury in addi- va
ION to his yearly salary under chapter
>, acts of 1894 and chapter SO of acts col
s96, nor is he authorized to make bills G.
,r which the county is liable for vac ma
ne virus. Act approved February 8, S.
100, provides that virus shall be or Ke
cred by the president or clerk of the r.
oard of supervisors from the secretary Orr
State board of health. M.
Admission to Lunatic Asylum. K.
Q. Lunatics may be admitted into the l..
ylum without physicians certificate L
: writ of de Eunattco inquirendo issued Ter
accordance with sections 1885 and u
1886 Of the code of 1892 L.
10. Physicians testifying before such ton
quests are entitled to same fees as L
her witnesses and M more. opr law Pal
axes no provision for extra pay to ex- RI
rt witnesses in such cases. l.
lthority Of Supervisors to Employ ha'
Counsel. Far
II Cao+ior, Of fho Ia o,~%b1usuae n
ards of supervisors to employ counsel ByI
the year to counsel and advise the E.
ard in the transaction of its current to
siness and also to employ the same 7
other counsel in matters Of litigation Law
d allow fees accordingly. der
vision OF Registration and Poll Books. hon
q. Section $685. of the code directs also
E registrar and county election COM N
ssioners to revise the registration wor
oks and the poll books and to erase one
erefrom the names of all persons who Con
We become disqualified from any 1ect
use. Therefore, when name has M
en- stricken from the poll books for wor
lure to nav the poll tar. it is in law for
o stricken from the registration gov
ok, and cannot be re-entered on either M
til the registration oath is taken Dru
ew. priz
Care of jail and Courthouse. Tex
8. The board of supervisors is au- in Il
'rized to make proper allowance out NJ
the county treasury to the sheriff for fere
Iitor. or proctor, to perform the in Il
NAL service required by section 4,1ss II
the code, in keeping courthouse, jail the