This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Notice is necessary only if required by statute.1 Notice of the indebtedness to be voted on is often necessary by statute. An election is void if legal notice is not given substantially in the form and manner required by statute.2 But where the statute requires bond by the commissioners, before any act done, and the election must be held before such bond, it is valid if held before.3 The notice must advise the electors of the proposition to be voted on.4 Technical accuracy in the notice is not necessary if it conveys in a reasonably clear manner the information necessary.5 Substantial compliance with the statutory requirements of notice is sufficient.6 If ten days' notice is required, thirty days' notice is sufficient.7 If five weeks' notice is required, notice once a week for five weeks is sufficient even if the first notice was given only thirty-two days before the election.8 If the law requires fifteen days' notice, it is sufficient if notices are given nineteen, twelve, and five days respectively before the election.9 Omission to state the hours of the election on the question of the bond issue does not invalidate the notice where this omission may be supplied from the regular election notices.10 If notice of the election is given as required by statute, omissions to comply with the provisions of the resolution of the council calling such election may be waived by the council.11
3 City of Denver v. Hayes, 28 Colo. 110; 63 Pac. 311; Cain v. Smith, 117 Ga. 902; 44 S. E. 5.
1 Asheville v. Webb, 134 N. C. 72; 46 S. E. 19.
2 Demaree v. Johnson, 150 Ind. 419, 424; 49 N. E. 1062; rehearing denied, judgment modified, 50 N. E. 376. Or in New Jersey if held in less than twenty days after the resolution becomes effective. State ex rel. Mittag v. Park Ridge, 61 N. J. L. 151; 38 Atl. 750.
3 Village v. Champlairi v. McCrea, 165 N. Y. 264; 59 N. E. 83.
4 Wilkins v. Waynesboro, 116 Ga.
359; 42 S. E. 767; Smith v. Dublin, 113 Ga. 833; 39 S. E. 327.
5 Packwood v. Kittitas Co., 15 Wash. 88; 55 Am. St. Rep. 875; 33 L. R. A. 673; 45 Pac. 640.
6 Sommercamp v. Kelly, - Ida. - ; 71 Pac. 147.
7 Hesseltine v. Wilbur, 29 Wash. 407; 69 Pac. 1094.
8 State v. Weston, - Neb. - ; 93 N. W. 728.
9 State v. Allen, - Mo. - ; 77 S. W. 868.
10 Packwood v. Kittitas Co., 15 Wash. 88; 55 Am. St. Rep. 875; 33 L. R. A. 673; 45 Pac. 640.