The Grenada sentinel. [volume] (Grenada, Miss.) 1868-1955, 1900-05-19
MISSISSIPPI MATTERS.
NOTES OF PAST AND CURRENT EVENTS.
BY J. L. POWER.
Allowances to Clerks-Are Not Passed Oh
by Supervisors.


Allowances to Clerks-Are Not Passed on
by Supervisors.
Is. Section 934 of the code authorizes
a circuit judge to make an allowance to
the circuit clerk for q deputy or other
clerical assistance during term time,
and such allowance, when approved by
the district attorney under section 1857
CT the code should be paid by the coun-
ty treasurer under section 906 of the
code.
16. The circuit and chancery courts
are instituted and held for the purpose
OF administering the law and transact.
ing the public business of the county
and have greater powers than the super
visors court. 1t was never intended
that these superior courts should be
hampered and crippled in the proper
discharge of their functions by making
their allowance dependent upon ap-
proval by the board of supervisors. Sec
ton 906 expressly authorizes the pay
ment of such allowance by the county
treasurer on the order of the court.
Section Gal, directing the circuit clerk
to certify such allowance to the clerk
of the board of supervisors, is for book
keeping and auditing purposes, and not
to be passed upon by the board.
Factory Exemptions.
II. A permanent factory established
two years ago and having a capital Of
five thousand dollars invested in manu-
featuring brooms, chairs and tables in
a finished state and put upon the mar
ket direct, and not belonging to or be-
ing in any trust, combine or pool, is
exempt from all taxation under chap
ter 81, acts 1897, for q period of ten
years.
IS. A permanent factory established
before the first day of January, 1900,
with a capital of s125, 900 of which $780,
600 has been paid in, for the purpose OF
manufacturing cotton into cloth or
yarns and for selling or dealing in the
fabric so manufactured, not belonging
to or being in q trust, combine or pool,
is entitled to exemption from all tax.
alton for a period of ten years.
District Attorneys Prosecuting in Justice
Courts.
10. District attorneys are not required
by law to prosecute persons charged
with offenses in the justices of the peace
courts. Sections 1855 and 1855 ammo
tated code.
90. l know OF nc law expressly pro
hibiting the district attorney from
prosecuting for a fee in a justice court
however, since the constitution ha.
abolished the fee system, the propriety
of taking fees 10 such prosecutions may
be questioned.
Statutes of Limitation.
81. Section 9 ,T36 of the code declare,
that statutes of limitation shall run in
favor of a county, beginning from tn,
time when the right to demand pay
ment first accrued. County warrant.
allowed by the board of supervisors are
under section 2,743, domestic judgments
against the county, and are barred
after the expiration of seven years from
the date of the allowance. 1t is gen
orally the duty of officers and trustee
to plead the bar.
Examination q Prerequisite Tor Count.
superintendent.
An election on the Esd day of Feb
ruary, 1900, ordered by the board o
supervisors, to fill an u~nexpired tern
in the Office of county superintendent
of public education in an elective coun
ty was illegal and void, because at tina
time the law required such vacancies t.
be filed by appointment by the COVER
nor. And a person elected at such al
election, without having stood the ex
animation required by sections 4,25
and 1850 of the code, is ineligible t.
: hold the Office, both because of failur
to be examined and because the cleo
ton was void.
: The appointment by the governor o
! one who has not been examined as re
quired by said sections, to fill out al
unexpired term in said office, is void
and the appointee is Ineligible to hol'
the Office, although he gives the bon
and takes the oath prescribed by law
: because the examination is . pre-
requisite and a qualification for sue
: appointment.
Both the person elected and the on
appointed being ineligible, the boar
of supervisors should declare the ofic
. vacant and order an election to fill tn
vacancy under the provisions of tn
George election law approved March
1900.
A county superintendent ~appointe
c by the governor and who took the oat
q and gave bond and has been discharl
ing the duties of the Office since his al
pointment, but vas ineligible becaus
he had not been examined as require
by law, is a de Jacto officer, and as sue
his acts are valid and binding and b
should be paid the regular salary fo
e the time of his service.
Local Quarantines-Expenses Must Be Pa
II Section 2.27S of the code empower
the board OF supervisors to establis
u local quarantine at the expense of til
J. county, and prescribe reasonable rul'
for its enforcement, In cases of smal