Board of Supervisors v. State

Citations

• 63 Miss. 135

Syllabus

<p>1.' Road Law. Provision as to implements for working. Constitutionality thereof.</p> <p>The act entitled “ An Act to amend the road -laws as applicable to Monroe County,” approved March 8th, 1884, which provides that it shall be the duty of the board of supervisors to furnish road overseers with such implements as may be necessary to put the roads in good condition is not unconstitutional. And the fact that such law seemed unwise to the board, or that there was no money in the treasury, or authority for a special levy of taxes, or that a general levy to the full extent allowed by law had. already been made to meet, outstanding warrants, is no excuse for failure to execute such law.</p> <p>2. Same. Mandamus. Power of court.</p> <p>The circuit court has power to order a mandamus to compel the board of supervisors to execute such law, if they refuse; but it has not the right to specify how the law shall be executed, unless called upon to deal with the board for contempt in refusing to obey the mandamus.</p>