Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 24

Reports of Cases Heard and Determined in the Supreme Court of the State of New York Volume 24

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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. 1879 edition. Excerpt: ...that the matter embraced in it need not be stated in the petition. It tends to pcrspicuity of expression. and it was probably used for that purpose alone. It is enough that, by a literal reading, the matter in question is required by the Legislature to be stated in the petition. The courts cannot declare it immaterial, nor say that its omission does not affect the proceedings. (jlerrilt v. Portclzester, 71 N. Y., 309.) The fact that the requirement was omitted in the act of 1871 indicates that, while the Legislature did not think it advisable to retain it, they thought a compliance with it was necessary while it was in force; otherwise, the omission was unnecessary. The omission was not intended to permit the issuing of bonds in excess of twenty per cent of the taxable property of the town. That is apparent from the fact that the prohibition upon the commissioners to that effect, contained in section four of the act of 1869, was not repealed by the act of 1871. Applying the strict rules of construction adopted by the court of last resort in like cases, we are brought to the conclusion, that the act of 1869 not only prohibited the commissioners from issuing bonds in excess of that limit, but it gave no jurisdiction to the county judge to entertain proceedings, except upon a. petition stating that the amount of bonds which the petitioners desired to have issued did not exceed that limit. It follows that the statement in question was necessary to the validity of the petition, and that the omission of it was a fatal defect. Ve are also inclined to agree with the appellant's counsel in his position, that the petition was not verified as the act required. The statute requires that the petition shall be verified by one of the petitioners. more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236830695
  • 9781236830692