Jackson Electric Railway, Light & Power Co. v. Adams

Citations

• 79 Miss. 408

Syllabus

<p>1. Municipalities. Forfeited fund. Restoration. Donation. Constitution 1890, secs. 100, 183.</p> <p>A municipality is without power, under the constitution of 1890, sec. 100, to refund money deposited with it which has been forfeited by the depositor’s breach of contract in respect to public work, and is equally without power, under section 183 of the same instrument. to donate the fund to another association which has completed the work.</p> <p>2. Same. Appropriation. Ordinance. Code 1892, \\ 3003.</p> <p>Funds accruing to a municipality from the forfeiture of a deposit by breach of the depositor’s contract, becomes the money of the municipality for general purposes, and, under code 1892, £ 3003, can only be expended in pursuance of a specific appropriation made by order of the municipal board.</p> <p>3. Same. Forfeitures in criminal proceedings. Code 1892, § 2986.</p> <p>The authority conferred by code 1892, $ 2986, upon municipalities to remit forfeitures, etc., relates only to such forfeitures, etc., as accrue in criminal proceedings.</p>