72 So. 274 | Miss. | 1916
delivered the opinion of the court.
Charles S. Butterfield and others filed a hill in the chancery court of Lincoln county against Lincoln county, the members of the board of supervisors of said county,
“But the districts separately taxed to pay principal and interest on bonds for building roads made of stone, gravel, chert, slag, or sand clay, or of a combination of such material, or any material equally durable, shall not be subject to an additional tax for building such roads in other parts of the county or for the payment of principal and interest on any county bonds hereafter issued for road purposes, without the consent of a majority of the qualified electors of said district voting in an election held for that purpose.”
The election was duly called in supervisor’s district No. 1, and the majority of those voting in the election voted in favor of ths issuance of these new bonds.
It is not necessary for us to discuss generally the scheme of forming road districts and building roads under this chapter. This was done- in the case of Prather v. Googe, Sheriff, 67 So. 156. A careful examination of this (chapter 176, Acts 1914) however, shows that where a separate good road district has already been organized under this chapter or under any previous laws of which this chapter is amendatory, and where other territory desires to be included in the same road district with that of the previously organized v road district, then the procedure to be followed is set out in section 8 in this chapter. That is the only way
Affirmed and remanded.