People ex rel. Young v. Trustees of Fairbury

Citations

• 51 Ill. 149

Syllabus

<p>1. Of annual elections—in towns incorporated under the general law. Under the general law for the incorporation of towns, it is made the duty of the president and board of trustees to give at least ten days notice, before the expiration of their term of office, of the time and place for the election of their successors in office, and if they shall neglect to give such notice before the expiration of their term of office, they may lawfully do so at a subsequent time, as they exercise the functions of their office until their successors are elected.</p> <p>2. Same—of the general rule in that regard. Where the members of a corporation are directed to be annually elected, the words are only directory, and do not take away the power incident to the corporation to elect after-wards, when the annual day has, by some means, free from design or fraud, been passed by.</p> <p>3. Same—of the power of calling am, election for trustees of a town, incorporated under the general law. Under the general law for the incorporation of towns, the people elect the trustees of the town, as such, and the trustees themselves elect one of their number as president, yet in giving notice for such election it is proper that the purpose designated should be, to elect a board of “ president and trustees,” according to the express language of the 8th section of that law.</p> <p>4. Mandamus—when awarded. Where the president and board of trustees of a town incorporated under the general law, have neglected to give the requisite notice for holding the annual election for the new board, within the year for which they were elected, as prescribed by law, and refuse afterwards to give notice and call a meeting of the qualified voters of such town, for the election of their successors in office, a mandamus will be awarded, compelling them to do so.</p>