The Ottawa free trader., 1850-10-26

regular chairman being necessary TO authorize
them to chose temporary one no such choice
could be made, for the want Of that contingency
Indeed 10y giving the law this construction we
should hold that the board will aiways be In n
state OF dIsorsanlzation, and incapable Of organi-
ZnS or acting, between April and November, IN
every year, for the chairman who is elected III
No'emOer goes out Of Office IN April, and there is
no more authority for electing temporary chair.
man between April and November 1851, or any
subsequent year than there is during the same
period IN 1850. So long as the Legislature has
gwen The board power to hold special meetings
at such tunes and places az they may find conye
nlent,' we do not think that it was intended tin,
they should be incapable Of doing so for seven
months IN ench year The mode of calling n spe.
cal meeting Is not specified in the act and hence
there is no means Of testing the legality of the
call, and any meeting Of the board at which a
quorum Is present, must be regarded as valid
Special meetings cannot be regarded as those
which are held by adjournment from the annual
meetings Of the board, for adjourned and special
meetings are both spoken Of and recognized in
the sixth section Of the ninth article
one ol the most important provisions Of this
law Is, that which confdes the management Of
the county affairs to the board of supervisors, r
stead OF the County Court. And the fourth sec
hon OF the first article provides that the county
voting IN favor OF the adoption Of the law, "shal
be governed by and subject 20 the provisions OF
this act, on and after the first Tuesday in April
lS3O. Tins strong expression manliests an in
tention on the part of the Legislature, that the
entire act, SO far as it relates to the government
Of the county, should go into complete operation
at that time. 1t is true, that an express provis
ion, IN another part Of the act postponing the op
Grafton OF any portion Of the law, would have the
effect to defer 1t, but mere failure to provide
specifically for the immediate organization Of the
board ought not TO have that effect We are yer,
clearly Of opinion, that that portion Of the acr
which coniers jurisdiction over the county affair.
upon the board Of supervisors went into operation
at the time specified in the fourth section of the
hrst article; and, even if express authority had
not been given to Ihe board to hold special meet
ings, that authority would have been implied, il
special meetings should be found necessary, il
order to carry out the provisiols of the law
But did the suite necessarily abatc, upon th,
adoption Of this new lnwl We think not, Tn,
old political corporation, known as the county O
La Sale, was not abolished by the law. The
same afiilcial existence continued after as before
Sufficient ot the provisions of the law has alrea
uy oeeh referred to to show this. The name by
Wn'ch SUITS should be brought to enforce the
rights OF or liabilities against the county, wa
changed; IL Is true but It is only that designation
that Is changed, aud not the corporation ITSELF
foriherly suits by or against county were re
9ureu 10 oe brought IN the name of the county
,otiin,is''oherso oi The county. That was changed
by II law which required such suits to be brought
SIMPLY IN the name of the comfy. and unv u,
sa'e another change, which requires them to be
Drought III the name OF the board Of supervisor.
o' 'ne county But during all these changes, the
Sou''y =, ms renamed the same, even IN name
mere ",e no words IN The act manliestnS de-
s's" ~ "ooii'h 'he oid corporation or to create
uew one. Let Us look ut the consequences of tho
1o"s"uc''o'' cohtehded Tor, and consequences may
oe Considered when seeking to arrive at the in
'e"'"', oi '"e Legislature. ii the corporation
was "ooi'shed, as 'here Is no provision OF law
eo"'erihg It's rights ana imposing It's Liabilities
upon 'hc new corporation supposed to have been
created those rights are gone, and those liabilities
eAuhSnlshed; AMI all ITS real estate would 'evert
!" 'he sfHhtors' because, as the party in whom
the title was vested Is annihiIatcd. and has no
successor IN whom the title can vest, that must
nece,saf"y go bncK through the same channel by
"h'cii IL came To md resting place Hooker
vs. vs. ouc:r ana hudson turnpike Company, IL
Neuu, o'l haywood ef a. rs. lhe Mayor dc.