30 Cal. 524 | Cal. | 1866
Lead Opinion
It is provided in the second section of the Act “to create a Board of Supervisors in the counties of this State and to define their duties and powers,” passed March 20th, 1855, (Acts of 1855, p. 51,) that “ the Board of Supervisors in these counties shall have authority at their last session before the general election in each year to change the boundaries of the (Supervisor) districts in .their said respective counties.” Time, here, is not bf the essence of the power conferred. “ The (general) rule is that where time is prescribed to a public body in the exercise of a function in which the public is concerned, the period designated is not of the essence of the authority but is a mere directory provision.” (People v. Murray, 15 Cal. 221; Smith’s Comm. 782.) In this case there is nothing in the nature of the power showing that it might not be exercised as effectually before as at the session named; and as there are no negative words restraining the exercise of the power to that occasion, the provision must be considered as directory to the Board and not as a limitation put upon its authority. (People
Judgment affirmed.
Concurrence Opinion
The “last session ” mentioned in the Act is the last regular session appointed by law. It has no reference to special sessions called by the Board for some specific purpose. And the “ session ” includes the entire sittings of the Board from the meeting on the first day of the sittings till the final adjournment, “ when all the business before them is disposed of.” I think, therefore, that the boundaries of the Supervisor Districts were changed by the Board “ at their last session before the general election ” within the meaning of the statute. On this ground I concur in the judgment, but express no opinion upon the other point.
