People ex rel. Jacobs v. Murray

Citations

• 15 Cal. 221

Syllabus

<p>An ordinance was passed by the Board of Supervisors of the city and county of Sacramento, June, 1858, relative to the cemetery, in which it was provided, that the Board should appoint a person to superintend the cemetery, “ annually, in October, who shall hold office for the term of one year; ” and further, that the Board, at their first meeting after the passage of the ordinance, should . appoint a superintendent to hold office “ until October next, and until his successor is appointed and qualified.” Defendant was so appointed July 8th, 1858, and held the office until December, 1859, the Board having failed to appoint his successor before that time, when relator was appointed. Held, that relator is entitled to the office; that the failure to appoint in October, 1858 and 1859, did not exhaust the power of the electoral body—the time named being directory, and not of the essence of the power.</p> <p>The rule is, that when 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.</p>