Town of Wesson v. Collins

Citations

• 72 Miss. 844

Syllabus

<p>1. Municipality. Ordinances. Contemporaneoics construction.</p> <p>Contemporaneous construction by municipal authorities may be considered in case ol doubtful ordinances, but not when they are clear.</p> <p>2. Public Officer. Compensation. VoVwrUairy payment. Recovery.</p> <p>Where by ordinance a town marshal is allowed a monthly salary, and, in addition, a per centum to be retained out of taxes collected, and for a series of months he receives the salary as in full and pays over all taxes, without retaining his commissions, this will be deemed a voluntary payment, and he cannot afterwards recover such commissions. Jackson v. Newman, 59 Miss., 385, cited.</p> <p>3. Sams. Legal compensation. Accepting less. Public policy. Voluntary payment.</p> <p>In such case, though an unexecuted agreement of the officer to accept less than his legal compensation for the discharge of public duties, being contrary to public policy, is not enforcible, yet when such agreement is consummated by voluntary settlements from time to time, in which he actually accepts less than he is entitled to, he cannot afterwards recover the remainder.</p>