Gum Ridge Drainage Dist. v. Clark

Citations

• 124 Miss. 382
• 86 So. 859

Syllabus

<p>1. Drains. Prior to statute commissioners had no power to reassess ¡or additional work not included in estimate.</p> <p>Prior to the enactment of chapter 199, Laws 1912 (Hemingway’s Code, section 4290), the commissioners of a drainage district organized under section 1683 et seq., Code 1906 (Hemingway’s Code, section 4264 et seq.), who underestimated the extent and cost of the work proposed to be done in the district when apportioning the same among the landowners, and thereafter contracted for the performance of such additional work as they may have deemed necessary to carryout the needs of the district, were without power to reassess the land in the district for. the payment of such additional work.</p> <p>2. Drains. Commissioners held to have no authority to. pay increased cost caused, by change in plans after apportionment of cost.</p> <p>The commissioners of drainage districts organized under section 1683. et seq., Code 1906 (Hemingway’s Code, section 4264 et seq.), who, after apportioning the estimated cost of the work to be done among the landowners, and entering into a contract for the performance thereof, changed the plans and specifications of the proposed work so as to materially increase the extent and cost thereof for the reason that the work originally proposed to be done would not, in the judgment of the commissioners, meet the requirements of the district, and have agreed to pay the contractors for such additional work, are not authorized by chapter 199, Laws 1912 (Hemingway’s Code, section 4290), to reassess the land in the district for the payment thereof.</p> <p>3. Drains. Contract for additional work must be made in manner provided by law to authorise reassessment.</p> <p>The contract which chapter 199, Laws 1912 (Hemingway’s Code, section 4290), requires drainage commissioners to make for work to be done in the district in addition to that included in the estimate thereof, which was passed on by the landowners when the cost thereof was apport