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01/09/2007 09:33 FAX 651 223 4987 JENSEN BELL CONVERSE <br />01709/2007 09:13 FAX 6512971235 <br />Mr. L. P. Bloabola -- 4. <br />IQ 005/006 <br />ATTY GENERAL 1 008 /009 <br />December b, 1954 <br />such a practice without abusing a trust and without <br />bestowing a Stor on ono which he denies to another, <br />In our 'judgment where as here, a fund is to be <br />administered and distributed by public officials <br />it should be administered and distributed strictly in <br />accordance with law and to those ,;..,:.y who are legally <br />entitled thereto without favor to anyone. Under such <br />etreuaatances the language of the Supreme Court of <br />Mississippi is the ease of Trowbridge v, Schmidt, t2 <br />Miss. 475, 34 So. $4, is applicable. In referring to <br />the duty of a municipal board to interpose the plea of <br />the statute of limitations, the court, in the course <br />of the opinion, said; <br />"!tt is indisputable that * municipal board <br />cannot lawfully give any public money.' <br />"In the course of the opinion it ie further said: <br />alit is the plain duty of a county or municipal <br />board to plead the statute of limitations when it <br />can under the facts. Such boards are the people's <br />truetess.+" <br />We have sought to give consideration to this question bemuse <br />we realise that the argument any w ell be made that wader the priuei- <br />pies of equity and fairness a debt once incurred be paid. hearths - <br />less,ia feel*, cannot ignore the statutory requirement hsreiubefors <br />quoted, which requires a school district to defend actions by or <br />against the district. If an action wsre to bs brought aaon�his <br />bond the statute of limitations would be s proper defense and we <br />sliere•that it would bs the duty of the board to interpos■ tact <br />defense. It is significant that under oar statute, namely $ 541,0$, <br />the statute of limitations is made to apply to actions by or in <br />behalf of the state and several political subdivisions thereof. In <br />✓ other cords, the legislature in this state has provided that +1 private <br />person egainat whom the state may bring an action may plead the stat- <br />ute of limitations as such is established under C. 541. <br />-6 <br />