Sick v. City of Bay St. Louis

Citations

• 113 Miss. 175
• 74 So. 272

Syllabus

<p>1. Municipal Coepobations. Bonds. Issue.</p> <p>Construing Laws 1916, chapter 287, authorizing the city of Bay St. Louis to issue bonds in the sum of two hundred thousand dollars or so much thereof as may be necessary, and to levy a special tax to pay the bonds and interest not exceeding ten mills on the dollar, for the purpose of building a sea wall, the act being-silent as to how the bonds are to be issued and as to how the sea wall is to be constructed, and Laws 1914, chapter 147, which applies to all municipalities, and providing that when bonds are issued in excess of seven per cent, of assessed valuation of a municipality, the question must be submitted to and ratified by the qualified voters before such issuance shall be made. The court held that, chapter 287, Laws 1916, was a mere enabling act in the nature of a charter amendment, conferring additional power on the municipality; and not having the machinery for the issuance of bonds, must be construed in connection with Laws 1914, chapter 147, and the bonds cannot be issued without the election provided for therein.</p> <p>2. Municipal Coepoeations. Officers. Validity of acts. .</p> <p>Where municipal charter provided for the appointment of bond commissioners by the mayor and board of aldermen of the city to construct a sea wail for which bonds were to be issued, such commissioners were at least de facto officers and under Code 1806, section 3473, so providing, their acts within lawful authority are valid and binding and only the state can complain as to questions of their terms and tenures.</p> <p>3. Municipal Corporations. Charter. Amendments.</p> <p>The hoard of mayor and aldermen need not réadopt a charter amendment and enter it on their minutes after its publication and approval by the governor and attorney general. The first adoption by the board of mayor and aldermen with its publication and approval by the electors give it life and its recordation on the ordinance book of the city after its approv