Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1900-06-23
ATTORNEY GENERALS OPINIONS.

follOWlng is an ABSTRACT OF tHe WflttCh
opinions of Acknowledgement McClurg
for the month of May:
l. In case of unprecedented floods
that sweep away nearly all OF the
bridges in the county and such as were
not reasonably within the contempa-
tion of the board of supervisors or
builder at date of contract, it may well
be doubted whether a board can. re-
cover on the builders bond to keep III
repair if he should fail under sucf
circumstances. Acts of God relieVf
liability in such cases as general ra. I.
EIowerer, tho frcciee language Of ~
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.
Q. A claim for damages is not pre-
cluded by the mere recital in the peti-
ton to establish a new road that all
parties through whose land the road
will pass have been notified; notwith-
standing such recital and the fact that
the road has been opened and an over
seer appointed if the notice was not in
fact given substantially as required by
section 1892 of the code, there is no
estoppel under section 1894 against
such claim.
3. Under section s, 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 a 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 7 of the act of 1900, do noS
mean that one liable to road duty may
wait until the end of the contract year
| to paw the commutation tax. All OF the
laws on this subject should be construed
with the view of securing good roads.
A. The road law of 1900 does not re-
auire 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 A of said
act is in view of plans and specitica'
tions for contracts. The pay of $40 an
nually to each member, where there IS
a county road commissioner, or S5'
where there is no commissioner, is the
only pay provided by law in such case
5. There is no authority in law for
building bridges within corporate limits
at the expense of the county treasury.
Sixteenth Section Land
6. Chapter Al, acts 1898, authorizes
the sale of oak and ash acood by the
board Of supervisors from sixteenth Sc p
tions but no timber except "merchant'
able pine timber" can be sold. The
distinction between rood and timber is
so thoroughly understood in this State
that no subterfuge should be tolerated
by which these lands may be denudcd
of valuable timber under the pretense
of selling 'co0d.
T. 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 Officers Are Not En-
titled to Extra Pay.
8. A county health officer who visits
suspicious cases of smallpox or other
infectious 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
80, acts of 1894 and chapter 90 of acts
1896, 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 Lunatic Asylum.
Q. Lunatics may be admitted into the
asylum without a physician certificate
by writ of de iunattco lnquirendo ISSUED
in accordance with sections 1885 anC
Z, 1886 of the code of 1899.
10. Physicians testifying before such
inouests are entitled to same fees a.
other witnesses, and no more; our law
makes no provision for extra pay to ex
pert witnesses in such eases.
Authority of Supervisors to Employ
Counsel.
II. Section 293 Of the code authorizes
boards of supervisors to employ counse
by the year to counsel and advise The
board in the transaction of its current
business and also to employ the same
or other counsel in matters of litigation
and allow fees accordingly.
Revision of Registration and Poll Books
IL. Section $685. of the code directs
the registrar and county election com
mlssoners to revise the registration
books and the poll books and to erast
therefrom the names of all persons wh'
have become disqualified from any
cause. Therefore, when name hat
been stricken from the poll books fol
failure to pay the poll tax, it is in Law
also stricken from the registration
book, and cannot be re-entered on eithei
until the registration oath is taker
anew.
Care of Jail and Courthouse.
1s. The board of supervisors is au
thorzed to make proper allowance ou
of the county treasury to the sheriff fo
janitor, or proctor, to perform thu
menial service required by section A. lS
of the code, in keeping courthouse, Jai
and the premises thereto belonging
clean and comfortable aud free of in
truders and trespassers.
Temporary License to Practice Dentistry
IA. There is no authority in law tt
issue temporary license to practie'
dentistry to one who has applied Tor
permanent license and failed to pas
the regular examination although sucl
applicant never held temporar,
license. Section 1,5S5 provides for onl,