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· 3/15/1895

Lum v. City of Vicksburg

Citations

  • 72 Miss. 950

Syllabus

<p>1. CONSTITUTION 1890, ?¿$ 80, 88. Prospectwe municipalities. 1 3035. Constitutionality. Code 1892,</p> <p>Sections 80, 88, constitution 1890, among other things providing for general laws to create and govern municipal corporations, are prospective in operation, and do not repeal existing municipal charters. Therefore, $ 3035, code 1892, recognizing the continued existence of such charters, is not unconstitutional.</p> <p>2. Constitutional Law. Code 1892, § 3035. Validity. Municipalities.</p> <p>It is within the legislative power to enact a law to become operative upon the happening of a future event. Section 3035, code 1892, providing that existing municipalities, by resolution of the authorities, may elect not to come under the operation of the code chapter relating to such corporations, is constitutional.</p> <p>3. Taxation. Valuation of property. Notice. .Municipalities.</p> <p>Under the charter of Vicksburg, providing- that notice of the assessor’s report of undervaluations of property shall he given to the owners before consideration of the report, only such notice, fair as to time, as the municipal authorities may fix, is required. A written notice given by the clerk to the owner June 9, requiring* him to appear before the board July f>, is sufficient.</p> <p>4. CORPORATE Seat.. Absence of. Notice not invalidated.</p> <p>Failure to affix the corporate seal does not affect the validity of the notice.</p> <p>5. Mttnicipat. Authorities. Action of. Adjournment over. Taxation.</p> <p>Under a provision authorizing' the board of mayor and aldermen to hold special meetings, and, at any meeting, to adjourn from time to time, it is not irregular, when notice is given that the report of undervaluations in assessments will .be considered at a certain time named in the notice, to refer the matter to the finance committee of the board at that time, and adjourn to a later day, and then act on the report of the committee. After notice given, the owner is deemed to be pres

Judges: Woods

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