City of Corinth v. Sharp

Citations

• 107 Miss. 696
• 65 So. 888

Syllabus

<p>1. Municipal Corporations. Organization. Code 1906, section 3004. Applicability. Ordinances. Enactment. Constitution 1890, section 53-71. Validity. Proof of passage.</p> <p>Under Code of 1906, section 3404, providing that the chapter on municipalities shall not apply to any existing municipality to which the law did not apply in 1892, unless adopted by a vote of the electors, the general municipal statute relating to the passage of ordinances do not apply to the city of Corinth, which under its charter (Acts 1884, chapter 403), was given special authority to enact ordinances.</p> <p>2. Municipal Corporations. Ordinances. Constitution 1890, section 53-71.</p> <p>Constitution 1890, section 53-71, providing for the recording of the ayes and nayes on questions and requiring all bills to have titles does not apply to municipal ordinances but only to acts of the legislature.</p> <p>3. Municipal Corporations. Ordinances. Validity.</p> <p>An ordinance of a municipality, which fully expresses its purpose and was enacted under a special charter, which authorized the city council to make and establish rules for its own government and to appoint the time for its meetings, is not invalid because it was not numbered, or because there was no title; or because the records did not show that it was reduced to writing and passed by a yea and nay vote, where it was undoubtedly adopted by a majority of the council.</p> <p>4. Municipal Corporations. Ordinances. Validity.</p> <p>It was no valid objection to a municipal ordinance because it was not shown to have been published, where there is no provision in the charter requiring the publication of ordinances.</p> <p>5. Municipal Corporation. Ordinances. Validity. Proof of passage.</p> <p>Where the proof in a case contains an extract from the minutes of the city, which were duly signed by the city clerk and the clerk and the charter gives the council the authority to appoint a clerk to register its proceedings and ordinances and it appe