Hatch v. Board of Supervisors

Citations

• 56 Miss. 26

Syllabus

<p>1. Highway. Discontinuance of.\\ by Board of Supervisors.</p> <p>The Board of Supervisors of a county in this State has the power to discontinue a public highway under its supervision, and to surrender the right of the public to use the same.</p> <p>2. -Same. Surrender of public right thereto.</p> <p>Where the Board of Supervisors of a county orders that a certain highway “ be discontinued as a public road, ” and the overseer thereof discharged, but “that said road be kept open as a private right of way,” there is not such a surrender of the public right as to warrant the owner of land traversed by the road in inclosing it for his private use. And if he does so inclose it, the board may appoint an oyerseer to put the road in condition for public use, and he may remove fencing or other obstructions put on the road by such landowner.</p>