[DOWNLOAD] "Lewis v. Petroleum County" by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: Lewis v. Petroleum County
• Author : Supreme Court of Montana
• Release Date : January 28, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Rewards ? Power of County Commissioners ? Statutes and Statutory Construction. County Commissioners ? Powers. 1. The board of county commissioners may exercise only such powers as are expressly conferred upon it or which are necessarily implied from those expressed, and where there is a reasonable doubt as to the existence of a particular power, it must be resolved against the board and the power denied. Same ? Counties ? Person Dealing With County must Ascertain Its Powers at His Peril. 2. Where a party assumes to deal with a county on the supposition that it possesses powers which it does not in fact possess, he may not recover even though he has performed his part of the contract. Statutes and Statutory Construction ? Meaning of Words ? Presumption ? When Words to be Taken in Ordinary Sense. 3. In construing a statute the presumption obtains that the legislature, when enacting it, knew the meaning of words and the rules of grammar, and where words are not used in a technical sense nor have acquired a peculiar meaning in the law, they must be taken in their ordinary sense with a meaning commonly given to them. Same ? Where Intention of Legislature Inferable from Words Used, Other Rules of Interpretation not to be Applied. 4. Where, in the construction of statutes, the intention of the legislature may be inferred in the first place from the meaning of - Page 564 the words used, courts may not go further and apply other means of interpretation, it being only when there is doubt as to the intention that other rules may be applied. County Commissioners ? Rewards ? Proper Only After Commission of Felony ? Construction of Statute. 5. Construing section 4483, Revised Codes 1921, authorizing the board of county commissioners to offer rewards for the apprehension and conviction of persons "who have committed a felony," held, under the above rules of interpretation, that by the use of the quoted words, it was the intention to authorize rewards only after a felony has been committed. Same ? Offer of Reward Before Crime Committed ? Lack of Power in County Commissioners ? Case at Bar. 6. In 1927 a board of county commissioners offered a reward of $500 for the arrest and conviction of anyone guilty of cattle stealing. In 1930 plaintiff furnished information resulting in the conviction of persons guilty of that crime, committed in that year. The reward not having been paid, he commenced action. Held, under rule 5, that the board was without power to offer the reward, and that the trial court properly sustained a general demurrer to the complaint.

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