Griffith v. Mayor of Vicksburg

Citations

• 102 Miss. 1
• 58 So. 781

Syllabus

<p>1. Legal Holidays. Municipal ordinances. Issuance of bonds. Statutory provisions. Bonds. Elections. Validity.</p> <p>All acts done on a legal holiday are legal and valid, except such as are prohibited by the statute setting apart the day as a holiday.</p> <p>2. Municipal Corporations. Issuance of bonds. Statutory provisions.</p> <p>The legislature has the power to authorize municipalities to issue bonds without giving the notice, such as is required by their charters and it was within the power of the legislature to ratify by a' subsequent statute the bonds issued without the notice required by the charter being given.</p> <p>3. Same.</p> <p>The legislature may, within constitutional limits, subsequently ratify any unauthorized act which it has the power to authorize in advance.</p> <p>4. Municipal Corporations. Bonds. Elections. Validity.</p> <p>The participation by disqualified persons in an election in a city on the question of the issuance of bonds, will not invalidate such election where their votes did not affect the result of such election.</p> <p>5. Municipal Corporations. Acquisition of waterworks. Issuance of bonds. Discretion.</p> <p>Where a city had granted a franchise to a company to supply water to the city and desiring city ownership of the water plant commenced four years before the expiration of such franchise to prepare t'o do so by ordering an election and issuing bonds; this was not an abuse of its discretion in the matter, and the courts will not restrain the issuance of the bonds.</p> <p>6. Municipal Corporations. Issuance of bonds. Ordinance. Validity.</p> <p>It is immaterial that the ordinance under which municipal bonds are to be issued provides that they- are “to be issued in accordance with the requirement and provisions of the city charter,” instead of in accordance with the requirements of Ch. 142, Laws 1910, where the requirement of the statute and the charter are identical in this particular, for in complying with its charter, the c