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274

GENERAL LAWS OF THE

CHAPTER 208.

HOUSE BILL No. 965.

AN ACT authorizing the board of trustees of the Mississippi Normal College to fix the salary of the head of that institution at not exceeding $4,800.00 per annum, and the salaries of the heads of the different departments of said institution at not exceeding $3,600.00 per annum, each, for the years 1922 and 1923, and that the same be paid as so fixed, out of the appropriation for the support of said institution for said years in the manner provided for in House Bill Number 274 of the legislature of the state of Mississippi of 1922.

Normal College-Salaries fixed.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the board of trustees of the Mississippi Normal College be, and it is hereby authorized to fix the salary of the head of said institution at not exceeding $4,800.00 per annum, and the salaries of the heads of the different departments of said institution at not exceeding $3,600.00 per annum, each, for the years 1922 and 1923, and that the same be paid as so fixed, out of the appropriation for the support of said institution for said years in the manner provided for in House Bill No. 274 of the legislature of the State of Mississippi of 1922.

Repealing clause.

Sec. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 3. That this act take effect and be in force from and after its passage.

Approved April 8, 1922.

CHAPTER 209.

HOUSE CONCURRENT RESOLUTION No. 59.

A CONCURRENT RESOLUTION authorizing and directing payment of deficits of the Mississippi Industrial and Training School.

To pay deficit of Industrial Training School.

WHEREAS, There is a decifit amounting to $4,373.68 in the accounts of the Mississippi Industrial and Training School, and

WHEREAS, Said sum is justly due and owing by said institution, Therefore, be it resolved by the House of Representatives, the Senate concurring therein, that the superintendent and the board of trustees of the Mississippi Industrial and Training School be and they are hereby authorized, empowered and directed to pay said de

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ficit out of the support fund heretofore appropriated to said institution as support for the year 1922 to the following persons and firms, and the following amounts, to-wit:

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Dixie Mill Supply Co., plumbing and heating material.

476.05

Hill Hardware Co., hardware, plumbing material, etc... 1,690.34

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Adopted by the House of Representatives, March 31st, 1922.

Adopted by the Senate, March 31st, 1922.

CHAPTER 210.

HOUSE BILL No. 93

AN ACT to more effectively enforce prohibition in Mississippi. Possession of Liquor-more than one quart-penalty

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, Any person convicted of having more than one quart of whiskey or any other intoxicating drink in their possession shall be sentenced to serve not less than thirty nor more than ninety days in jail in addition to the money fine prescribed by law.

Sale of liquor-prison sentence imposed.

Sec. 2. That any person convicted of the sale of whiskey or any other intoxicating drinks shall be sentenced to serve not less than ninety days nor more than six months in jail in addition to money fine prescribed by law.

Sentence cannot be suspended.

Sec. 3. No justice of the peace or judge shall have authority to suspend said jail sentence.

Sec. 4. That this act take effect and be in force from and after its passage.

Approved March 13, 1922.

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GENERAL LAWS OF THE

CHAPTER 211.

SENATE BILL No. 40.

AN ACT to make it unlawful for any person, persons or corporations, to own or have in possession certain stills or parts thereof. Possession of a "still"-declared unlawful.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That it shall be unlawful for any person, persons or corporations to own or control, or knowingly have in his, their or its possession any distillery commonly called a "still," or any integral part thereof, except as hereinafter provided.

Penalty for violation.

Sec. 2. That any person or persons violating the foregoing section shall be guilty of a felony and upon conviction thereof shall be confined in the penitentiary for a term not exceeding three years or by a fine of not less than $300.00 or both such fine and imprisonment.

Exceptions under this act.

Sec. 3. That it shall not be unlawful for the following to own or have in possession a distillery or still:

(a) Where the same is used exclusively for the distillation of rosin products.

(b) Where the same is used exclusively for the distillation of water.

(c) Where the same is kept and lawfully used in any laboratory. (d) Where the same is in the possession of an officer of the law, to be disposed of according to law.

(e) Where the person or corporation can prove that the same is in his or its possession for the purpose of being delivered up to an officer of the law to be disposed of according to law.

Sec. 4. That this act shall take effect and be in force from and after its passage.

Approved March 24, 1922.

CHAPTER 212.

HOUSE BILL No. 906.

AN ACT to provide for the tile drainage of land within drainage districts.

To provide for tile drains within drainage districts.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, Whenever one or more persons owning land situated within any drainage district, which shall have been established in

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accordance with the laws of this state, shall petition the commissioners of said drainage district to tile drain said lands for agricultural purposes, said commissioners shall proceed, under the provisions of this act, to tile drain the same.

Petition-what to set out-lands must be in same district.

Sec. 2. The lands included in the petition provided for in section 1 may or may not be contiguous tracts, but all such lands shall be situated within one drainage district. The petition shall set out the exact legal description of each tract of land included within the petition. The lands included in each petition shall be deemed a sub tile drainage district and shall be designated as sub tile drainage district No. of drainage district of

county, state of Mississippi.

Duty of commissioners and supervisors.

Sec. 3. When said drainage commissioners shall have received a petition as hereinabove provided for, they shall consider the same and if such sub tile drainage district is approved, said board shall accordingly make certificate to the board of supervisors of the county in which the drainage district is located. Upon receipt of such certificate the board of supervisors shall appoint a competent drainage engineer to be selected by the petitioners to make a preliminary survey. The engineer shall give bond in the sum of not less than one thousand dollars ($1,000) to be fixed by said board for the faithful discharge of his duties and who shall be liable upon such bond for negligence or incompetence causing loss to the county or district.

Surveys of tracts-duty of engineer.

Such engineer shall forthwith make a survey of said tracts of land and return a complete report of all of the several tracts of land contained within the petition. The report shall contain an estimate of the cost and of the practicability of tile draining of each of said tracts. In case that any such tract of land is deemed by the engneer unsuitable for tile draining and that the cost thereof would be out of proportion to the benefits received therefrom, then said engineer shall make such recommendations concerning said tracts as he may deem proper. The report of the engineer shall be made to the board of supervisors and filed by the clerk of said board among the records of his office. The board of supervisors shall have the power to reject such tracts as shall be consistent with the report of the engineer. The owner of any rejected tract may be permitted to substitute an equal acreage of some other land owned by him within said drainage district, subject to the approval of the engineer, and board of supervisors.

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Expenses of survey, etc.-How to be paid.

All expenses incident to the survey and local expenses and other incidental expenses shall be paid by the county as the work progresses upon a proper showing, but all expenses incurred by the county shall be paid out of the proceedings of the first assessment levied under the provisions of this act; provided, however, that the commissioners may, and with the consent of the board of supervisors, for the purpose of prosecuting the preliminary work, pay the expenses incident to the survey, attorneys fees, local expenses, and other necessary expenses, borrow money at a rate of interest not exceeding 6% per annum, and may issue negotiable notes, certificates or evidences of indebtedness therefor, signed by the said commissioners and payable either within or without the state to the person or persons, bank, firm or corporation from whom such money is borrowed or payable to bearer, as said commissioners may elect. The said commissioners may also issue to the engineer and other persons who do the preliminary work, negotiable evidence of debt, signed by the said commissioners, bearing interest at a rate not to exceed 6% per annum. None of the said evidences of indebtedness shall run for more than two years and they shall be non-taxable and said commissioners may pledge the assessments on the lands proposed to be tile drained for the payment of said evidences of indebtedness. Said evidences of indebtedness may be paid off either out of any general fund of the sub tile drainage district, if organized, or out of the proceeds of the first assessments levied under the provisions of this act, but in the event said sub tile drainage district is not organized, after said indebtedness has been incurred, then the board of supervisors may levy an acreage or advalorem tax against the lands embraced in the said proposed sub tile drainage district at the time that the levy is made for other purposes.

Organization of district-to be a body corporate.

Sec. 4. When the conditions above provided for shall have been fulfilled, the board of supervisors shall enter an order on its minutes setting out the legal description of the several tracts of land to be tiled drained as hereinabove provided for and order the establishment of such sub tile drainage district and designate the same as hereinabove provided for, and upon the organization of said sub tile drainage district it shall be a body corporate, and shall in its corporate name by its commissioners, henceforth have power to contract and be contracted with, to sue and be sued, to plead and be impleaded and to do and to form in the name of such sub tile drainage district, all such acts and things for the accomplishment of the purpose of which it was organized.

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