Parker v. Commissioners of Johnston County

*93Clark, C. J.

This is an action, upon facts agreed, to compel the commissioners of Johnston County to distribute and refund the surplus of the fund which had been collected in said county to construct and maintain a stock law fence. The whole of Johnston County having been placed under the stock láw by legislative enactment, the necessity for the continuance of said fence had ceased. Thereupon by sec. 4, ch. 466, Public-Local Laws 1915, it was provided: “The board of commissioners of Johnston County is hereby authorized to sell for cash, at public or private sale, all stock law fences in the…