(Download) "State Ex Rel. Peck v. anderson" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Peck v. anderson
- Author : Supreme Court of Montana
- Release Date : January 09, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Mandamus ? Cities and Towns ? Disincorporation of Town ? Petition ? Duty and Powers of County Clerk ? When Signers of Petition may Withdraw, When not ? Statutes and Statutory Construction ? Rules of Grammar in Aid of Interpretation. Statutory Construction ? Rule. 1. In construing a statute a court must ascertain and give effect to the intention of the legislature, the intention to be gleaned from the language employed; a supposed unexpressed intention cannot override the clear import of its language. - Page 299 Same ? Rules of Grammar as Aid in Interpretation. 2. In the construction of a statute resort should first be had to the ordinary rules of grammar, unless there is a clear intention apparent from the text that the Act be given a meaning contrary to that which would flow from a grammatical analysis. Same ? Rules of Grammar to be Applied ? "Last Antecedent." 3. Under the doctrine of the "last antecedent" relative clauses in a statute must be construed to relate to the nearest antecedent that will make sense; qualifying words and phrases should be applied to words or phrases immediately preceding, unless an extension or inclusion of others more remote is clearly required by a consideration of the entire Act. Cities and Towns ? Disincorporation of Town ? Petition ? Duty of County Clerk in Making Certificate. 4. Under the above rules of construction, held, in interpretation of Chapter 3, Laws of 1931, amending section 4974, Revised Codes 1921, providing for the disincorporation of a town, and declaring that it may be disincorporated "upon the filing of a petition, signed by at least two-thirds of the resident freeholders of said town, as certified to by the county clerk, with the board of county commissioners," etc., that thereunder the county clerk is authorized to certify to the fact that the petition is signed by the required number of resident freeholders. Same ? Disincorporation of Town ? Implied Power of County Clerk in Certifying Petition to County Commissioners. 5. In carrying out the command of the statute above (Chap. 3, Laws 1931), the county clerk has the implied power of investigating and determining who are the resident freeholders of the town the disincorporation of which is sought, whether or not the signatures to the petition are genuine, and whether or not the total number of bona fide signers thereof constitute at least two-thirds of the resident freeholders. Same ? Ordinarily Certificate of County Clerk Conclusive ? When Mandamus Improper to Compel Action on Part of Board of County Commissioners. 6. While ordinarily the certificate, made by the county clerk under Chapter 3, Laws of 1931, that the petition for disincorporation meets the requirements of the Act, is conclusive and the board of county commissioners must make the order of disincorporation, mandamus should not issue to compel it to do so, if fraud or mistake on the part of the clerk be made apparent, the board having the implied power to disallow the petition if at a hearing wrongdoing or mistake be proven. Same ? When Signers of Petition for Disincorporation of Town may Withdraw Names. 7. Signers of a petition such as the one above referred to may withdraw therefrom at any time before the county clerk has certified thereto and filed it with the board of county commissioners, unless they signed under misrepresentations of material facts to induce action on their part, in which event, if they act promptly, they may be allowed to withdraw after the date of filing, provided their proof of fraud be clear and convincing. - Page 300
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