The leader., 1900-08-08
IMPORTANT RULINGS.
Synopsis of the Opinions Rem
dcrcd by the Attorney-Gen-
eral for the Month of June.


charged with felony awaiting trial in
default of bail in bailable cases, may
on his written request and at his own
expense be delivered to the sergeant
of a State farm of his selection to be
worked without compensation until
the trial of his case, to which trial he
must also pay all expenses. None but
able-bodied prisoners are permitted to
SO anticipate the result of trial. Act
of March 18th, 1900.
To +. W. Brown, Clerk Supreme
Court Section 991 of the code re
quires the sheriff 20 collect in addition
to the execution and cost bill, all fees,
costs and commissions accruing in
such collection. He should require
the execution debtor to pay all the
costs of the collection, turning over to
the judgment creditor and the officers
the full amount due. them without any
deduction for commissions or other
costs.
To Tallahatchie county The legis-
lature of 1900 ordered the election held
on the district question and it was the
duty of the county election commits
sioners to hold the election without
being so ordered by the board of SUI
pervisors, and the board should make
allowances to the election officers for
their fees out of the county treasury.
The act provided for an assessment
upon the dismembered district to pay
all expenses, but the proposition failed
and the expenses of the election held
under sections 3643 and $685. of the
code, should be paid as provided in
section 1907 of the code
To Copiah county-The sheriff of
one county following one charged with
crime into another county and arrest
ing and returning him is not entitled
to the compensation provided in para
graph ' of section 1000 of the code
for removing prisoner. Had the
sheriff of the county where the person
was found made the arrest and turned
him over to the other sheriff, he would
then be entitled to the fee for "a pris
Oner otherwise removed
To Marion county-The board of su-
pervisors should make an allowance
under section 2,4Gi of the code for
maps prepared by the county super
intendent of public education and the
county school board to aid in properly
locating school houses as directed by
section 1908 of the code.
To Coyington county Back taxes
should be assessed according to the
levy of each defaulted year respective
ly, each year to be considered IA sepa-
rate assessment of the personality.
\ man or woman over twenty one
years of age, unmarried, may be the
head of a family and entitled to the
exemptions provided in section 1868
of the code.
To the Auditor \ factory establish
ed September lst, 1899, aud engaged
in the manufacture in finished state
and ready for use of sash, doors.
blinds, tables, boxes, desks, counters
and bank fixtures, is entitled to eXemp
ton from State, county and municipal
taxes if it does not belong to any trust,
pool or combine
To Madison county Under section
S26 of the code the mayor who is eX-
oflicio a justice of the peace. may hold
an inquest anywhere in the county and
and receive the compensation allowed
10y law out of the county treasury: pro
vided, there is no coroner or one can
not be had in time. The condition
should be clear before allowing the
mayor to take the place and fees of the
constitutional officer.
To COyington County County treas
urerS are required by section 902 of the
code to bring all money belonging to
the county before the board with their
quarterly reports to be counted. Ger
tificates of deposit will not answer
There are no exceptions to the law
However risky or inconvenient, the
cash must be counted by the board IN
session.
To Tate County Chapter lI2, page
lJ6. acts 1898, provides for supplying
county and district officers with blank
forms, records and stationery by con
tract. This law would be more pre-
cisely followed if the orders for such
supplies come direct from the board
of supervisors, yet the wording of the
contract may Justify the officers in
making such orders in vacation in
strict conformity to the terms of the
contract to be approved by the board
when an allowance may be made ac-
cOrdlngly.
> Section 4132 Of the code requires
the shertfs to keep the court house
and Jail and the premises in a clean
and comfortable condition, and if he
finds it necessary to comply with this
law he may do 50 without first having
an order from the board of supervi-
sors, yet it is preferable to have the
order of the board first, if conditions
will permit
To Newton county Circuit and
chancery courts will not make allow
ance to their clerks for clerical assist
ance in term time except it be imper
atiyely necessary to properly transact
the business of the court, and when
such order is made 10y the judge, his
allowance therefore should be paid 10y
the county treasurer in whose hands
the order Of the court is. under sec
ton 800 of the Code, as good a voucher
as an order of allowance 10y the board
of supervisors.
To Pearl River County The special
act of the legislature approved March
9th, 1900. authorizing the board of su-
| ervisC Is to maze an allowance out
of the common school fund to pay
back to the county superintendent IA
sum Of money paid out by him because
of "a mistake and his salary for one
month"; is not unconstitutional
To Jasper County Land should lie
assessed al its true value on the first
day of February of the assessment
year. and stan ulatf 4cted by any SAFE
of timber rights thereafter made dur
ing that year. The next year the
equitable estate in the land arising by
virtue of the timber sale including
right of ingress and egress to sever it
from the soil and remove it may be as
sessed to the timber owner and by or
der of the board of supervisors the as
sessment of the land to its real owner
may be correspondingly decreased.
To Marshall County The act of
1900 providing for working public
roads by contract is yet experimental
and must be, because of its terms aud
practical application, most literally
construed in the direction of giving
the board of supervisors "a very large
discretion in the matter of securing
good roads. The order adopting the
law, and all other orders previous to
closing the contract and turning the
roads over to the contractor are all
parts of a continuous procedure nee