Redd v. Supervisors of Henry County

Citations

• 31 Va. 695

Syllabus

<p>1. Though the act of January loth, 1S75, Sess. Acts 1874, ch. 37, p. 29, provides a mode by which the qualified voters of a county or corporation may contest the due returns of the election or decision of the voters of said county or corporation upon the question whether the county or corporation shall subscribe to the stock of an internal improvement company, a court of equity still has jurisdiction of the question upon a bill filed by fifteen or more of the citizens and tax-payers of the county or corporation, and to enjoin the issue of the bonds of said county or corporation in payment of said subscription if the proceeding has not been properly conducted.</p> <p>2. In the proceeding under the statute, Code of 1873, ch. 61, §§ 62, 63, 64, 65, in relation to subscriptions by a county or corporation to the stock of an internal improvement company, the provisions of the law must be strictly pursued; but a literal compliance in every particular, however unessential, is not required. Substantial compliance with the law in every essential feature is all that is necessary.</p> <p>3. The failure to comply strictly with the provisions of the statute which are not mandatory, but merely directory, will not vitiate the proceedings, so as to render the subscription invalid.</p> <p>4. Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory; and if the act is performed, but not in the time or in the precise mode indicated, it may still be sufficient, if that which is done accomplishes the substantial purpose of the statute.</p> <p>5. The order of the county court directing the sense of the qualified voters to be taken directs the election to be held by the commissioners of election in conformity to law. Though the order does not expre