People ex rel. Bd. of Supervisors of Solano Cty. v. Bd. of Supervisors of Lake Cty.

Citations

• 33 Cal. 487

Syllabus

<p>Construction of Statute.—Where an Act of the Legislature contains no provisions limiting its operation upon any contingency, and it is impossible to take the initial step in its execution within the time prescribed in the statute : held, that the provision in respect to the time of taking said step is directory merely.</p> <p>Idem.—Where a statute specifies the time at or within which an act is to be done, it is usually held to be directory, unless time is of the essence of the thing to be done, or the Act contains negative words, or shows that the designation of the time was intended as a limitation of power, authority, or right.</p> <p>Idem.—Where, in one section of a statute it is provided that the respective Boards of Supervisors of Solano and Lake Counties shall meet, etc., “ and upon the receipt of the report of the Viewers,” etc., “ to declare the road as located by the Viewers thereof, a public highway,” and in the succeeding section of the Act it is provided that when the report of the Viewers shall have been received and approved, the said Boards of Supervisors shall declare the road open,” etc. : held, that the exercise of judgment, if not discretion, is required to approve the report. Idem—Mandate.—Where a petition for a peremptory writ recites that one of said Boards refuses to act on said report, and refuses to declare the proposed road a highway and to declare it open, etc., the mandato can proceed no further than to order them to take action on the report.</p> <p>Extra-Territorial Jurisdiction of Board of Supervisors.—There is nothing in the Constitution inhibiting the Legislature from conferring upon the Board of Supervisors of one county the power to lay out, open, and maintain a road in another county.</p> <p>Uniformity of County Governments.—The clause of section four, Article XI, of the Constitution, that the Legislature shall provide a system of county * governments, which shall be, as nearly as practicable, uniform throughout the State,” is