Northern Drainage District v. Bolivar County

Citations

• 111 Miss. 250
• 71 So. 380

Syllabus

<p>1. Bridges. Construction by counties. Liability of drainage districts. Counties. Contracts. Entry on minutes. Power of legislature.</p> <p>Prior to January, 1912, the drainage commissioners organized under chapter 1906, had no authority to do any work on natural water courses, section 13, chapter 196, Laws 1912, validated the work theretofore done on natural water courses, and the expenditures made in furtherance of such' work, the same law also imposed upon the counties the duty t'o replace bridges at the expense of the county; under this law the validation of the work was retrospective, while the requirement that counties should replace bridges at their own expenses is prospective; so that the county could recover from the drainage district the cost of re- , placing bridges previous to the passage of the act.</p> <p>2. Counties. Contracts. Entry on minutes of board) of supervisors.</p> <p>A contract made by an order of a board of supervisors which is not entered upon its minutes is as ineffectual as if it had never been entered into, such a contract has no legal existence.</p> <p>3. Drains. District. Power of legislature.</p> <p>A drainage district is a creature of the legislature and the legislature has the right to prescribe the terms of its organization, or it could refuse to organize it at all.</p>