Jefferson Davis County v. Burkett

Citations

• 109 Miss. 436
• 69 So. 221

Syllabus

<p>. 1. Highways. Construction and repair. Contracts. Single contract. Work by road hands. Partial payment. Appeal and error. Records. Demurrer.</p> <p>Under Code 1906, section 4465, providing that the board of supervisors of any county may work the public roads or any part thereof by contract, and giving the supervisors discretion to let each road or subdivision thereof, or all the roads in the supervisors’ district, under separate contract or contracts, the supervisors can let one contract for all the roads in the county. This statute enlarges the provisions and. power conferred by section 4441, under which such a contract could not have been made.</p> <p>2. Highways. Construction and repair. Contract. Work by road ' hands.</p> <p>Notwithstanding section 369, Code 1906, declares that all contracts in violation of any provision of law shall be void, a contract for the working of county roads is not void because it does not refer to the provisions' of Code 1906, section 4470, giving any road hand the right to work under a road contractor, for which the board shall receive allowance from the contractor, and shall make (provision therefor in letting the contract, since the law writes into such contract the provision of section 4470.</p> <p>3. Highways. Construction and repair. Contracts. Partial payments.</p> <p>Since the amendment of Code 1906, section 4472, by Laws 1912, chapter 244, which makes it the duty of each supervisor to inspect the work done on public roads by contract in his district and which expressly provides that it shall not be necessary to inspect such work by committees, as provided for in section 363, the provision of the latter section, prohibiting payment by installments for public work, does not apply to a contract for the contruction and continuous repair of the roads' of the county and such a contract is not invalid because it requires fifty per cent, of the contract price to be paid on the first Monday of July of each year; twenty-five per ce