The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1904-09-21

dered BIZ the Board and SO adjudg-
ed chat no money shall be paid the
said f. B. Smith & Son unless
the same is collected by the tax
collector on the taxable property
in the territory aforesaid and UNI
less the superintendent Of the pub
lie roads collect the Communication
money in said territory fol the
fiscal year 1908 and 1904 ending
Sept. /, 1904. It is further or
dered by the Board that Hon. G.
z. Montgomery be required and
it shall be his duty to proceed at
once to collect all commutation
money and if any person subject
to road duty shall fail to report
himself to said superintendent and
work under the road contractor
for the term required by law or
pay the commutation money be
shall return such delinquents to
the proper justices of the peace to
be proceeded against as prescrib-
ed by section 1913 of7the Code.
1T is further ordered by the Board
and so adjudged that the said F.
B. Smith & Son and the sureties
on their bond as public road con-
tractors ale absolyed and freed.
from all liabilities because there
of.
It is ordered by the Board that
the clerk of this court shall issue
and deliver to +. b. Smith & Son
a warrant on the county Treasurer
payable out of the Road Fund in
the territory lying East of the II
linois Central Railroad in Lincoln
county for any moneys that may
now be on hand belonging to said
T. B. Smith & Son out of said
Fund, and he shall also issue and
deliver to said f. B. Smith & Son
or order a warrant or warrants on
the county treasurer whenever it
shall appear that money is to the
credit Of said Fund in said Treas
ury, either collected by the super
intendent of the public roads of
the communication money or by the
Tax Collector of the one-half of
the one-mill levy, less the one-half
Of the superintendent's salary for
the fiscal year 1904, ending on
the 1st day of September, 1904. I"
In other words, after three
members Of the Board had ex-
pressly declared in official reports
that f. B. Smith & Son had not
worked the public roads as their
contracts called for, we find the
Board discharging both them and
their bondsmen from all further
liability to the county, and at the
same time enjoining upon the
Road Superintendent and the Tax
Collector to collect the half mill
and the delinquent Communication
money for them and directing
the Chancery Clerk to issue his
warrant on the Treasurer for
that purpose up to the 1st of
September inst, just as If they
had fulfilled their every obliga-
ton to the county to the letter.
The only thing the said Smith &
Son seem to have lost by having
their contract cancelled, is the OPP.
portunity to draw money from the
Treasury in the future on a con-
tract whose conditions they are
not fulfilling.
As If to be sure there should be
no misunderstanding about the in
tent Of the Board to have the de-
linquent Communication money col
lected for Smith e Son, notwith-
standing they had not worked the
public roads as agreed, / find in
Che next days proceedings of the
Board fthe 9TH day the following
order to the Road Superintendent:
tits ordered by the Board that
Hon G. I. Montgomery, superin-
tendent Of the Public Roads of
Lincoln county, be and he hereby
IS required to proceed at once and
collect all communication money
due from delinquent road hands
in said county for the fiscal year
1908 4, ending Sept. LIST, 1904, and
to return as delinquent all persons
who have not worked out the time
under the road contractor or paid
the communication tax of three dol
lars within so days from this date
to the proper officials in accor-
dance with section 1913 of the
code. 2
That is tosay, delinquent road
hands are to be reported to JUS
tices Of The peace and prosecuted
according TO law If they do not
settle up within The time limit,
while the delinquent road con-
tractors are to be paid in full and.
they and their bondsmen 90 scott
free.
Now d few remarks as to what
the proceedings Of the Board show