Richards v. Town of Magnolia

Citations

• 100 Miss. 249
• 56 So. 386

Syllabus

<p>3. Municipal Corporations. Ordinances. Code 1906, sections 3410,. 3406, 3329, 3441.</p> <p>Under Code of 1906, section 3410, so providing a municipality may by general ordinance, provide that all offenses under the penal laws of the state, of the grade of misdemeanors, shall be offenses, against the city, and such ordinance will not be void because in conflict with Code 1906, section 3406, prohibiting an ordinance from containing more than one subject, which shall be clearly-expressed in its title.</p> <p>2. Municipal Corporations. Ordinances. Subjects and title.</p> <p>An ordinance entitled “An ordinance declaring all violations of the-penal laws of the state of Mississippi under .the Code of 1906 be and the same are hereby declared a violation of the ordinances of the town of Magnolia,” is not invalid where it deals only with offenses amounting to a misdemeanor, as Code 1906, section 3406,, only required that the subject of the ordinance “be clearly expressed” in the title and such an ordinance clearly expresses its subject in the title.</p> <p>3. Evidence. Judicial notice.</p> <p>The courts will take judicial notice of the public statutes of the state.</p> <p>4. Municipal Corporations. Presumptions.</p> <p>Where a town was incorporated when the Code of 1892 was adopted and became the law of the state, in the absence of proof to the contrary, the court will presume that such town is under the general law of the state and operating under the municipal chapter of the Code.</p> <p>5. Municipal Corporations. Ordinances. Misdemeanors.</p> <p>Code 1906, section 3329, which by virtue of section 3441, is made applicable to all municipalities, gives the power to adopt ordinances prohibiting within the corporate limits the commission of any act which amounts to a misdemeanor under the laws of the state.</p>