Rodgers v. Board of Supervisors

Citations

• 114 Miss. 326
• 75 So. 123

Syllabus

<p>1. Highways. Road district. Issues of bonds. Statutes.</p> <p>Under Laws 1910, chapter 149, section 11, authorizing a county to levy and collect road taxes on the whole county, including the district created, but in case the district had constructed roads of stone, gravel, etc., or a combination of such material or material equally durable, such district should not be taxed for building such roads in other parts of the country or for the payment of principal and interest on county bonds thereafter issued for road purposes without the consent of a majority of the qualified electors of the district voting therefor and under Laws 1916, chapter 173, providing for the creation of a road district composed of a whole county and the issuance of bonds, where no such roads were constructed under the road Law of 1910, this .provision of the Law of 1910 is not applicable, and does not prevent or interfere with the creation of a road district composed of the whole county under chapter 173, of the Laws of 1916, or make it necessary to order an election before issuing bonds thereunder.</p> <p>2. Counties. Road districts. Issue of bonds. Order of supervisors.</p> <p>Under Laws 1916, chapter 173, section 1, expressly authorizing the board of supervisors of a county to issue bonds for road purposes, which added to outstanding bonded indebtedness shall not exceed ten per cent, the proceedings before the board of supervisors should recite in its order either what the assessed value shows and what the outstanding bonded indebtedness is, or it should recite and adjudge that the said issue would not exceed ten per cent, when added to the other bonded indebtedness of the county for road purposes.</p> <p>3. Counties. Bonds. Injunction. Decree.</p> <p>In dissolving an injunction to prevent the issuance of county bonds under Laws 1916, chapter 173, where it appeared that the proposed issue made the bonded indebtedness of the county exceed the ten per cent authorized by the act, the order s