(DOWNLOAD) "Smith v. State" by Mississippi Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Smith v. State
- Author : Mississippi Supreme Court
- Release Date : January 06, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Injunction — Counties — Implied Powers of Boards of County Commissioners — Procurement of Tax Deeds — Duty of County Clerks — Appeal and Error. Board of County Commissioners — Implied Powers. 1. The board of county commissioners may exercise powers not specifically granted if they are necessarily implied from those granted, and under its implied power it may contract to have work done which is necessary for the proper management of the countys business and the preservation of its property, if the law does not make it the duty of some county officer to do the work. Same — Where Method of Doing Act Required by Law not Prescribed Any Suitable Means of Performance Proper. 2. Where by law the board of county commissioners or other county officer is required to do an act but the method of doing it is not Page 131 provided, any reasonable and suitable means may be adopted for performing it. Same — What Board may Do Under Its Implied Power in Procurement of Deeds to Property Acquired on Delinquent Tax Sales. 3. For the purpose of obtaining tax deeds to about 1,500 tracts of land bought by the county at tax sales, the board of county commissioners directed the county clerk to give the notice to the interested parties required by Chapter 92, Laws of 1927. The clerk being unable to obtain all the information necessary to be given in the notice from his records, the board entered into a contract with an abstract company to furnish the needed data from its "tract index." In a taxpayers action to enjoin payment of claims presented under the contract, on the ground that the board was without power, express or implied, to enter into the contract, it being the duty of the clerk to obtain the information from his records, held, that the statute above does not make it the duty of the clerk to search the records of his office for the requisite information, but that if it be conceded that it does so impliedly, the data therefrom obtained would have been unreliable, unsafe and impracticable, and that the board, in performance of its duty to preserve county property, had the implied power to enter into the contract, under the above rules. Same — Injunction Against Expenditure of County Funds Under Contract — When Question of Illegality of Contract for Failure to Call for Bids not Reviewable on Appeal. 4. The question raised by appellant taxpayers that the contract above mentioned calling for reports by abstractors on over 1,500 tracts of land at $5 a report was illegal in that it might ultimately result in the expenditure of more than $10,000, making a call for bids necessary, held not reviewable on appeal from an order refusing to enjoin the payment of a claim in the sum of $1,465, the contention being premature.
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