The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-06-23
.mropSry-GENERAL's OPINIONS.


r~o,,ovipr is an abstract of the written
.S.ons Of Attorney-General McClurg
tor the month OF May
u. puilder's Bond in Case of Flood.
In ease Of unprecedented floods
A.. sweep away nearly all OF the
ssres in the county and such as were
rsasonably within the contempla-
nv. ~ the board of supervisors or
s";lder at date of contract, it may well
~ doubted whether a board a re-
susr on the builders bond to keep IN
,s;r ~ he should fail under such
rpustances. Acts of God relieve
liability in such cases as general RUE.
mn'ravsr. the precise language OF the
IVA should be fully considered in con-
o~o.,;or with all the facts in each case
before taking final action in the matter
pa and Bridge Laws Construed.
A claim for damages is not pre-
cluded by the mere recital IN the peti,
49, 70 establish q new road that all
--ar,;es through whose land the road
will pass have been notified; notwi'h-
standing such recital and the TACT that
49, ,o.d has been opened and an over
ear Amounted, if the notice was not in
tact given substantially as required by
soc,ion :. 1892 of the code, there is no
~sstonpel under section 1894 against
such claim. :.
q Under section 6, road law OF 1900, it
;s o~ntiopal with the road hand whether
he work the eight days or pay the COM
mutation tax of IS, but he must do one
ar the other when called out or he will
AZ once become a defaulter and may be
do.lt with as such. This new law should
hs read in connection with chapter
M of the code and the amendments
thereof. The delinquences mentioned
in section Z Of the act of 1900, do no.
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-
ouire the board of supervisors to go in a
body with the road commissioner to in
spect the roads; any number OF the
memJsrs of the board may go; the in
spect;on required by section 4 OF said
act is in view of plans and specihca-
tons for contracts. The pay of $50 an
nually to each member, where there is
n county road commissioner, or $50
where there is no commissioner, is the
only pay provided by law in such case.
s. There is no authority in law for
building bridges within corporate limits
at the expense of the county treasury.
sixteenth Section Land.
9. Chapter Al, acts 1898, authorizes
the sale of oak and ash GOOD by the
board of supervisors from sixteenth sec
tons, but no timber except merchant
able pine timber" can be sold. The
distinction between GOOD and timber is
so thoroughly understood in this State
that no subterfuge should be tolerated
by which these lands may be denuded
Of valuable timber under the ~pretense
OF selling GOOD.
Z. Wild sixteenth section lands leased
for seven years for the improvements
should be assessed to the lessee during
the term, but in case of sale for taxes
only the title of the lessee or his assigns
would pass. See section $3.50 Of the
code. The assessor should note plainly
that the lease only is taxed to prevent
confusion in case of sale.
When County Health Omcers Are Not En-
titled to Extra Pay.
8. A county health officer who visits
suspicious cases of smallpox or other
infections or contagious diseases, with
out authority or direction from the
board of supervisors, is not entitled to
pay out of the county treasury in addi'
ton to his yearly salary under chapter
50, acts Of 1894 and chapter so of acts
1895, nor is he authorized to make bills
for which the county is liable for vac.
cine virus. Act approved February s,
1900, provides that virus shall be or.
dered by the president or clerk of the
board of supervisors from the secretary
OF State board of health.
Admission to Lunatio Asylum.
8. Lunatics may be admitted into the
asylum without a physicians certificate
Fby writ of dc Mnatics inquirendo issued
n accordance with sections $685. and
1886 of the code of 1892.
10. Physicians testifying before such
nquests are entitled to same fees as
pther witnesses, and no more; our law
makes no provision for extra pay to ex.
pert witnesses in such cases.
authority of Supervisors to Employ
Counsel.
IL. Section 293 Of the code authorizes
Poards OF supervisors to employ counsel
y the year to counsel and advise the
Poard in the transaction of its current
BUSINESS and also to employ the same
r other counsel in matters of litigation
nd allow fees accordingly.
lewiston OF Reputation and Poll Books
Il. Section 1886 Of the code direct.
ne registrar and county election com
p~issioners to revise the registration
o K and the poll books and to erase
herefrom the names of all persons who