(DOWNLOAD) "State Ex Rel. Jaumotte v. Zimmerman Et Al." by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Jaumotte v. Zimmerman Et Al.
- Author : Supreme Court of Montana
- Release Date : January 17, 1937
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Statutes and Statutory Construction ? Counties ? Reclassification ? Statute Relating to Certain Duties of County Commissioners Held Directory ? Statute Operates Automatically ? Salaries of County Officers ? Effect of Statute. Statutes ? When Directory and not Mandatory. 1. Whether a statute is mandatory or directory depends on whether the thing directed to be done is of the essence of the thing required, or is a mere matter of form; when a provision relates to some immaterial matter as to which compliance with the statute is a mere matter of convenience, or the directions are given merely with a view to the proper, orderly or prompt conduct of business, or where no substantial rights depend upon the strict observance of the statute, it is generally regarded as directory and not mandatory. Same ? Counties ? Reclassification ? Statute With Relation to Certain Duties of County Commissioners Held Directory. 2. Under the above rule, held, that section 4742, Revised Codes, requiring the various boards of county commissioners in each even-numbered year to make an order at their regular September session designating the class to which their counties belong as classified under section 4741 by the assessed valuation of the property therein, is directory only, and that therefore such an order made in February of the year 1937, instead of in September, 1936, substantially complied with the statute, no substantial rights having been impaired by the boards delay. Same ? Reclassification of Counties ? Statute Operates Automatically. 3. The statute classifying counties according to the assessed valuation of the property therein, for the purpose of fixing salaries of county officers as well as the penalties of their bonds (sec. 4741, Rev. Codes), operates automatically to place a county in a certain class on the ascertainment of such valuation as shown from the records of the assessors office in even-numbered years. Same ? Reclassification of Counties ? Effect on Salaries of County Officers ? Constitutional Law. 4. Since county officers elected in 1936 were charged with the knowledge that their salaries might be changed by a reclassification of their county as provided by section 4741, Revised Codes, an Act in force - Page 465 since 1905, they took office subject to the contingency that their salaries might be reduced, depending upon the assessed valuation of the property in the county, and under such a state of facts the provision of section 31, Article V, of the Constitution, prohibiting the passing of a law increasing or diminishing an officials salary after his election is not violated. Same. 5. Held, that the salaries of all officers of Roosevelt county coming within the purview of section 4741, Revised Codes, formerly a county of the sixth class but reduced to the seventh class upon reclassification in 1936, after the first Monday in January, 1937, the date on which operations on the seventh class basis began were affected by such change as of that date, regardless of the actual date a new term of office began or the duration thereof.
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