Commissioners of Camp Creek Drainage District v. Johnston

Citations

• 111 Miss. 205
• 71 So. 320

Syllabus

<p>1. Drains. Drainage district. Orders of commissioners. Effect. Establishment- Proceedings. Discretion of supervisors.</p> <p>The recital in the order of the board of supervisors that the petition praying for the formation of the drainage district had been signed by the necessary number of the landowners owning the necessary quantity of land, when the contrary was the fact, did not confer jurisdiction upon the board to proceed with the organization of the district, since an inquiry into the legality of the proceedings is expressly authorized-by section 5 of chapter 198 of the Laws 1912, under which the district was being attempted to be formed.</p> <p>2. Same.</p> <p>Though it be conceded that the board of supervisors had the power, under section, 5 of this statute, to continue the hearing of the objections to, the petition from day to day or from term to term in order that the Requisite number of signatures to the petition might be obtain®!,*the exercise of such power is clearly not obligatory. -</p>