[DOWNLOAD] "State Ex Rel. Nagle v. the Leader Co. Et Al." by Supreme Court of Montana * Book PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: State Ex Rel. Nagle v. the Leader Co. Et Al.
• Author : Supreme Court of Montana
• Release Date : January 19, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

Quo Warrantor ? Corporations ? Extension and Revival of Corporate Existence ? Statutes and Statutory Construction ? Title of Act ? Constitutional Law ? Amendment of Statutes ? Repeal by Implication ? Rule. Quo Warrantor ? Corporations ? Statute Providing for Extension of Corporate Life ? Constitutional Law ? Title of Act ? Sufficiency. 1. Held, on application for writ of quo warrantor, that the title to Chapter 7, Laws of 1931, amending section 5916, Revised Codes 1921, and prescribing the method whereby corporations "whose terms of corporate existence have expired, or may hereafter expire," may, - Page 587 in the one case, revive, and in the other extend, their existence, deals with but one subject ? the life of corporations ? and therefore does not offend against the mandate of section 23, Article V, of the Constitution, that no bill, other than those excepted, shall contain more than one subject, clearly expressed in its title. Corporations ? Extension or Revival of Corporate Existence ? Power of Legislature. 2. The legislature has the power by statute to provide for the extension of the term of the existence of a corporation, or for the revival thereof where its term has expired. Statutes ? Title of Act ? What Insufficient to Render Act Unconstitutional. 3. The fact that the title of an Act in setting forth its subject employs a phrase somewhat broader than that appearing in the Act does not affect its constitutionality with reference to the provisions of section 23, Article V, Constitution, relating to the contents of the title. Same ? Amendment of Statute "to Read as Follows" ? Effect. 4. Where the legislature amends an existing statute "to read as follows," it evinces its intention that the new Act shall be a substitute for the amended one, exclusively; in such a case only those portions of the old law which are retained in the new are retained, and all portions omitted are repealed. Same ? Amendment "Germane" to Subject Matter of Statute Sought to be Amended ? Definition. 5. Held, that Chapter 7, Laws of 1931, is relevant and pertinent to the subject matter of section 5916, Revised Codes 1921, ? corporate existence ? which it amends, and therefore germane to such matter, within the meaning of the rule that unless germane thereto, the amendment is of no effect whatever as an amendment. Same ? Repeal by Implication ? Rule. 6. Repeals by implication, said to result where a statute so conflicts with a portion of an earlier one as to exhibit an inconsistency, in which event the inconsistent portion of the previous Act is impliedly deemed repealed, are not favored; where the two statutes are passed at the same session of the legislature, the presumption against repeal is strong, and before the doctrine of implied repeal is applied, courts should endeavor to reconcile the two Acts so as to render every provision of each effective. Corporations ? Corporate Existence ? Statutes ? Chapter 7, Laws of 1931, Held not Repealed Impliedly by Chapter 38 of Same Laws. 7. Held, under the last above rule, that Chapter 7, Laws of 1931, dealing with the life of corporations, was not impliedly repealed by Chapter 38 of the same laws, having to do with the amendment of the articles of incorporation, containing, however, inter alia, a provision referring to the extension of a corporations existence, there being, under the interpretation adopted, no conflict between the Acts. - Page 588

Ebook Download "State Ex Rel. Nagle v. the Leader Co. Et Al." PDF ePub Kindle