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· 10/15/1916

Simmons v. Hopson's Bayou Drainage District

Citations

  • 112 Miss. 200
  • 72 So. 901

Syllabus

<p>1. Constitutional Law. Drains. Assessment. Notice. Due process 0/ law. Assessments. Confirmation. Tenue. Power of Drainage commissioners.</p> <p>Under section 1700, Code 1906, as amended hy Laws 1912, chapter 196, section 4, providing that, when drainage commissioners have completed their assessment, they shall file it with .the clerk of the chancery court, and th^at the clerk shall publish a notice at least once a week for two successive weeks of the time set for hearing objections to assessments before the chancellor which time shall not be less than fifteen days or more than thirty days from the time of filing; such a notice is reasonable and valid.</p> <p>2. Same.</p> <p>Under said act the chancellor had jurisdiction to hear the cause in any county of his chancery court district, inasmuch as the act provides that he may hear the cause in vacation, and does not provide expressly that such petition shall be heard in the county where the land is located.</p> <p>3. Same.</p> <p>Act 1912, chapter 196, section 1698, expressly provides that the commissioners of a drainage district may make a new assessment of the benefits to be derived by each separate tract of land, and raise revenue therefrom according to the provisions of the law.</p>

Judges: Holden

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