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eBook details

• Title: Chicago Etc. R.R. Co. v. Fallon County
• Author : Supreme Court of Montana
• Release Date : January 22, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

Schools and School Districts ? Elections ? Provisions of Statutes Mandatory, When Directory ? Special School Election ? Date of Election ? Statutory Provision Held Directory ? Recovery of Taxes Paid Under Protest. Elections ? Statutory Provisions ? When to be Held Mandatory, When Directory. 1. All provisions of the election laws are mandatory if enforcement is sought before election in a direct proceeding for that purpose; but after election all should be held directory only in support of the result, unless they affect an essential element of the election, or unless the statute expressly declares that the particular act is essential to the validity of the election, or that its omission shall render it void. Statutes ? When to be Deemed Mandatory, When Directory. 2. Language of a statute, though mandatory in form, may be deemed directory when the legislative intent does not require a mandatory construction; a statute is mandatory or directory according to whether the thing directed to be done is of the essence of the thing required, or is a mere matter of form and no injury can result from ignoring it, and the purpose of the legislature can be accomplished in a manner other than that prescribed, with substantially the same result. Elections ? Date of Election ? When Courts Disinclined to Set Election Aside Because not Held on Date Fixed. 3. Where an election clearly expresses the will of the voters and it is not apparent that it was called for a day different from that fixed by statute because of corrupt or fraudulent motives, courts are disinclined to set it aside because of such departure from a statutory provision even though it be regarded as mandatory. Special School Election ? Taxation ? Election Held on Date Other Than That Fixed by Statute ? Statute Held Directory ? Tax Levy Upheld in Action to Recover Tax Paid Under Protest. 4. Held, in an action to recover school district taxes paid under protest, on the ground that the special levy was illegal because authorized at an election held on July 20 of a given year instead of on a day before July 1, as required by Chapter 146, Laws of 1931, providing, inter alia, for a budget system for school districts, that the provision in section 7 thereof requiring the election to be held "before the 1st day of July" is directory merely, and that the holding of it at a later date did not render the election void.

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