Norwich bulletin., 1917-09-29

towns and cities of the state. At the same time. the statue. Chapter 322 directs that in the petition for license or no-license the street addresses Oi the petitioners should be sven as>ap. pears on the last official voting list ir towns wherein such addresses are on such list. The statute does not say in towns wherein such addresses are re- quired to be placed on such list and l think that our own town of Nor wich furnishes an example of town where such addresses are on such list although they are not required to be It seems to me that the expression in the statute wherein such addresses fact of the ad t'esses being there and has no reference to any requirement that they should be there.
 The question then for decision is whether the statute is fully manda- tory. requiring a verbatim copy on the petition of the addresses on the list whether right or wrong, or whether it is so far directory that a substantial, if not a perfect. compliance with the requirements as to street addresses of illegality resulting from the lack of an exact copy of the addresses on the voting list. 2
 The rule by which courts generally decide whether to impute a manda- tory or directory character to a giv-
 
 pute.
 "The courts have uniformly held that when the statute expressly or by fair implication declares any act to be essential to a valid election, or that an act shall be performed in a given manner and no other, such provisions are mandatory and exclusive," 15 Cyc. s17.
 When a provision relates to some immateria1 matter, as to which com pliance with the statute is a matter of convenience rather than substance, or where the directions of the statute are given merely with a view to the proper. orderly, and prompt conduct of business. the provision may gener- ally be regarded as directory.
 Where fair interpretation of the statute, which directs acts to be done in certain way. shows that the Iegts lature intended. compliance with such provision to be essential to the of the act, or when some an and prerequisite conditions must exist prior to the exercise of power, then the statute must be re- garded as mandatory.
 So also, when a provision relates to acts fmmaterial in themselves, but negative or exclusive terms, or implied. such terms i'm rose a limitation, and the statute re- scribed. 36 Cyc. 115s.
 Our own reports contain several l ,ases in point. ail of which a gree with | each other. Among the most pertinent 1 IS the case of Gallup vs. Smith, 59 | Conn. 354. In this case the statute | that where d probate judge | s unable to act ''the clerk of the court l shall cite in the probate judge of an ! adjoining district,'' who shall act in | his place. and it was held that this | provision was directory and not man 1atory- The court calls attention to | he fact that the statute contains no | negative words importing that the ace | act must be done by the clerk rather l han by the court. The court says l fiat "the test most satisfactory and | conclusive to determine when the pro- | visions of a statute are merely direc- | .ory and when mandatory or impera- i've ;s0whether the prescribed mode ! )i action is of the essence of the thing | 10 be accomplished. CT. in other words. | whether it relates to matter material | o1 immaterial - to matter of conven- ] ence or of substance"
 It will be noticed that in this case