160 A. 51 | N.H. | 1932
"No school district shall raise or appropriate money at any special meeting of the inhabitants thereof. . . unless the ballots cast at such meeting shall be equal in number to at least one half of the number of voters of such district entitled to vote at the regular meeting next preceding such special meeting." P. L., c. 120, s. 3; *443 Laws 1927, c. 56, s. 2. A like restriction is in force with respect to the special meetings of towns and village districts. P. L., c. 42, s. 5; P. L., c. 57, s. 4; Laws 1927, c. 56, s. 1.
Ordinarily, where no rights of third parties have attached, as is the case here, a municipal corporation has the power to reconsider or rescind any action previously taken. Sawyer v. Railroad,
"To `raise' money, as the word is ordinarily understood, is to collect or procure a supply of money for use." Childs v. Company,
If the "evil which the legislature intended to avoid by the passage of the limitation" (Childs v. Company, supra, 324) included the rescission as well as the making of appropriations, it is probable that this intent would have been expressed with greater exactness. The purposes for which school districts may raise money are enumerated by statute. P. L., c. 119, s. 3. The act under discussion is merely another means of protecting districts against excessive expenditures. The amendment of 1927 providing for emergencies is consistent with this view. Laws 1927, c. 56, s. 2.
Exception sustained.
All concurred. *444