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§ 14,10 MUNICIPAL CORPORATIONS 20
<br />Indiana. Ross v. Madison, I Ind 281. 133 SWU 223, citing Mail'.
<br />Texas. Electra v.rnAmerican France 6 Virginia, �n test.
<br />Foait Industries, Ise. (�'e CivPp)x CO3 53 Va 465,44 SE 271.
<br />lenv�kod �f. Wheelingv.
<br />IV. AMENDMENT
<br />I ,1 . Generally,
<br />The courts are liberal respecting amendments
<br />records. If, tl��•oq' inadvertence r mt� �er�-
<br />isapprehension, the record
<br />has been defectively rade, it is competent to complete
<br />to ttruth.' Thus, where etc it according
<br />ere the record fails to show that the yeas and
<br />rays were taken, it may be amended so that it will speak the truth.
<br />An amendment is permitted to show the number
<br />of votes for the
<br />passage of an ordinance.3 The right collective bodies to amend does not depend
<br />statute but is a rpt of legislative'or upon
<br />generally.4
<br />However,- an amendment cannot show action �
<br />amendment is � � , not. taker. The
<br />a nuns pro tune entry, if there is matter which
<br />authorizes such aendrent,7 and the record tern
<br />care r• and effect a thereupon has the originally made as amended." The
<br />officer while in office may amend a record rade by hirn
<br />Heid that one � * . � has been formerly town clerk , but who is ro longer i
<br />� �n
<br />office, cannot amend a town record rade by him when� .' 0
<br />but that upon restoration to to�� clerk,
<br />0 office may amend a record made by
<br />hires prior to his restoration. :I On the other hand it
<br />has been decided
<br />that the person in office at the time the proceedings
<br />make the aerrdrf�rrt+ were had rr�a
<br />that it i not necessary that he should hold
<br />the office when the amendment is made.' 2 Nor, andcir-
<br />cumstances,
<br />� fir" eI't�n
<br />may a council be allowed to amend the record t
<br />leo
<br />former- mayor's approval of an ordinance, where his
<br />has epire� � but a terra of office
<br />.
<br />clerk has been precluded from making an
<br />amendment where there was no proof of
<br />ielection.
<br />The records of councils or ve le ' iati
<br />� bodies or departments or
<br />boards are generally controlled by the body as a ung
<br />detrr�iation ofwa �, and while the
<br />r
<br />t the record should set forth devolv� upon the
<br />clerk or secretary in the first instance, as a rine the
<br />decision as t
<br />the propriety of amendments belongs to the body l� ��
<br />e'1
<br />It may be
<br />within the power of and In Umben t u
<br />its off` �n the municipality to maks
<br />neral records tr-ub- speak the action of its board ."' But w
<br />the l�ar-tr r uire the cher here
<br />k to keep record of the proceedings o
<br />the council, which should be received in all court as
<br />truth f the matters therein of the
<br />therein contained, it was held that it could not
<br />be amended by vote of the council but only by the clerk
<br />of the court. ,' or � order
<br />21
<br />Alabama. E
<br />166,94 So d 744
<br />mer Inv. Co., 2.1
<br />ing Mc aillin t ,
<br />29 Ala APP 38. '1
<br />Arkansas. Ac
<br />696,385 S%N'2d I
<br />White v. Clarkvi
<br />3}.
<br />California. G�
<br />u is Co. V. SoUt 1;
<br />117 Cal App 121 .
<br />Florida. Has
<br />App), 326 So2d;
<br />Illinois, Peopiv
<br />Corp., 396 II I 1 6 -
<br />McCluer, 339 IL
<br />obbins v. Hemi-
<br />353 (amendment
<br />nanel; St. Char{
<br />407.
<br />Indiana. Stni�-
<br />117, 185 NE 90& -
<br />o, 47 NE 219.
<br />Kentucky. Cor -
<br />(KGF), 426 S%V2d -
<br />text; Ward v.
<br />SW2d 924;anuti.)
<br />Co. v. Taulbee, 'w}t
<br />1036.
<br />Maine. lnhabi.-
<br />Sagadahoc County
<br />141 A 9.
<br />Afa chu ett,&.
<br />Mass 520, 165 NY
<br />record ►.
<br />Missouri. `u -
<br />i log. 2M SW2If-
<br />200 X10 56 6-4, 1 =
<br />ILIA text: St.a --
<br />!tax
<br />-
<br />!t bif l % St ec Y.
<br />26 1 Sw2 K�,
<br />Prender 5t v Ri-.
<br />itax bilb,
<br />New Hampshirt
<br />net- 10 NH 2191-
<br />North Carolina.
<br />Cherokee County-,
<br />467_
<br />Oblo. Early v. l�-
<br />pp 445, 1 s E
<br />
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