Montjoy v. Pillow

Citations

• 64 Miss. 705

Syllabus

<p>1. Ferry. Power of board of supervisors to license more than one near same point.</p> <p>Section 20, article vi, of the constitution confers upon boards of supervisors “full jurisdiction over ferries,” and § 873 of the Code of 1880 provides that such hoards “ shall have power to authorize and establish public ferries wherever they may think proper to keep the same; but the owner of the soil where the ferry is established shall always have the privilege of keeping such ferry in preference to any other person if he will comply with the requirements of this act.” Under these provisions a hoard of supervisors has the power, after granting one ferry license to a riparian owner, and while the same is in force, to grant another license to another such owner to keep a ferry on the same stream and within one hundred yards of the ferry of the first licensee.</p> <p>2. Same. Privilege of licensee subject to infringement.</p> <p>The holder of a license to keep'a ferry enjoys his privilege subject to the power and duty of the board of supervisors to establish other ferries as near to or as far from his as the public convenience, in the judgment of the board, may require.</p>