City of Greenwood v. Jones

Citations

• 91 Miss. 728
• 46 So. 161

Syllabus

<p>1. Municipalities. Mayor and aldermen. Place of meeting. Ordinances.</p> <p>A municipal ordinance fixing the place for the meetings of the municipal authorities as “ the mayor’s office in the city hall or ■ any place that may he selected hy special order”:—</p> <p>(а) Is not invalid because of the alternate provision; nor</p> <p>(б) Does it render a subsequent ordinance invalid when unaccompanied by a showing as to where it was adopted.</p> <p>2. Same. Evidence. Code 1906, § 3409. Presumption.</p> <p>Under Code 1906, § 3409, providing that a copy of an ordinance, certified to by the clerk of the municipality, or the ordinance book in which it is entered, shall be prima facie evidence of the existence of the ordinance and that it was adopted and published according to law, the presumption is that an ordinance so shown was passed at a meeting held at the proper time and place.</p> <p>3. Same. Code 1906, § 3407. Clerk.</p> <p>Code 1906, § 3407, providing that the municipal clerk shall record in a prescribed book every ordinance in force when tbe record became operative and remaining in force sixty days afterwards, is directory merely and tbe failure of tbe clerk to comply with tbe section did not repeal a previous ordinance.</p>