Leflore County v. State

Citations

• 70 Miss. 769

Syllabus

<p>1. Mandamus. Stock law. Fence between comities. Qode 1892, \\ 2061.</p> <p>Mandamus lies to compel a board of supervisors to perform the duty imposed by 'i 2061, code 1S92, as to jointly building and maintaining a fence on or near the county line, to prevent stock straying from a county in which the stock law has not been adopted into an adjoining county where it is in force.</p> <p>2. Same. Petition. Sufficiency of allegation.</p> <p>In a petition for mandamus, at the instance of a county that has adopted the law, to compel an adjoining county to join in building a line fence, it is not essential that it should be distinctly alleged that the adjoining-county has not adopted the law. As the law is not in force in any county until adopted, the petition will be sufficient as to this, if it avers that a fence between the two counties is necessary, to prevent slock straying- from the adjoining- county into the county adopting the law.</p> <p>3. Counties. Fences between. Legislative control.</p> <p>It is within legislative control to provide for a joint fence between counties in such case. The benefits are mutual, and it cannot be said that a burden is unwarrantably imposed on the county declining- to act. In our arrangement of counties, each must be allowed to act in such matters and the inconvenience, if any, resulting- from contiguity of territory, affords no ground for legal complaint.</p> <p>4. Same. Validity of the law. Practiced difficulties. Not anticipated.</p> <p>It is not a valid objection to the law that practical difficulties exist in reference to the location of the fence and procuring the site for it. It will be time enough to deal with these if encountered. They will not be anticipated.</p> <p>5. Stock Law. Electors. Constitutional qualifications ; not applicable.</p> <p>The provisions of the constitution and the election ordinance as to registration and qualification' of electors have no application to elections under the stock law. The legislature ha