Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 67

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 67

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...denying the exercise of the power after the time named; or from the character of the act to be performed, the manner of its performance, or its effect upon public interests or private rights, it must be presumed that the legislature had in contemplation that the act had better not be performed at all than be performed at any other time than that named. In Pond v. Negus, 3 Mass. 230, the question involved was the validity of the assessment of a tax voted by a school-district. The statute required the assessors to assess the tax in thirty days from the time the vote was certified to them. It was not assessed till atter that time. Parsons, G. J., in delivering the opinion of the court says: "And although the assessors are directed to assess the tax within thirty days after the certificate, yet there are no negative words restraining them from making the assessment afterwards; and accidents might happen which would defeat the authority if it could not be exercised after the expiration of thirty days. The naming the time for the assessment must therefore be considered as directory to the assessors and not as a limitation of their authority." The same principle is aflirmed in Torrey v. fllillbury, 21 Pick. 64. In T/L6 People v. Allen, 6 Wend. 486, the statute under consideration declared that, "the commanding ofiicer of each brigade of infantry shall, on or before the first day of June in each year, appoint a brigade court martial."-The appointment was made in July. It was held valid. Marcy, J., in delivering the opinion of the court says: "The general rule is, that where a statute specifies the time within which a public officer is to perform an otlicial act regarding the rights and duties of others, it will be...show more

Product details

  • Paperback
  • 189 x 246 x 12mm | 422g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236902351
  • 9781236902351