Beck v. Allen

Citations

• 58 Miss. 143

Syllabus

<p>1. Board or Supervisors. Minutes not signed before adjournment. Omission, how remedied.</p> <p>Under sect. 1361 of the Code of 1871, it was not necessary that the minutes of proceedings of a Board of Supervisors should be signed by the president of the board before the adjournment of the meeting; and, although that was the regular and proper course, if it was not pursued in any instance, the fail-, ure might be remedied by an approval of the unsigned minutes by the board at its next succeeding meeting, and the signing thereof by the president of the board; and such subsequent approval and signing would also have the effect of making the minutes valid, as if originally regularly made at the latter term.</p> <p>2. Same. Failure to levy taxes at prescribed tim.e. Sow remedied.</p> <p>Sect. 2154 of the Code of 1880, which provides that in case tlie Board of Supervisors fail to levy the county taxes at the time fixed therefor by law, a special meeting may be called as early as practicable for the purpose of making such levy, was not intended as a requirement that in such circumstances the levy should be made only at a special meeting, but as a provision for the speedy compliance with the duty of making the levy; and if, upon such failure, no special meeting should be called, it would be the duty of the board to make the levy at its next regular meeting. To subserve the object of this provision, the levy should be made at the first meeting, regular or special, after the omission to levy at the prescribed time.</p> <p>3. Same. Mode of allowance of claims. Invalid warrants as ground of injunction.</p> <p>Sect. 5 of “ An act in relation to county finances,” approved February 1, 1877, required that the yeas and nays should be recorded on every allowance made by the Board of Supervisors, and that the order should cite the particular statute under which it was made, and prohibited the clerk from issuing warrants on allowances made in disregard of these provisions. But, altho