Montana Attorney General Opinion 15-418

Opinion No. 418 Statut~s-Legislative Assembly-Clel'i- cal 'Erl'OI' in AllleD(lat~I"Y Legislation. HELD; In subdivision (b) of sub- dh'ision -1 of Section 2, Chapter 15!l, Laws of H)33, amending Section 1i58. R. C. 1\1. 1!l21, the reference to Sections !l5!l4-!l5!l(;, R. C. 1\:1:. 1!l21 , instead of to Sections 759-1-75\)(;, R. C. :\1. IH21, was clea rly a clerical error and the plain intent will control the clerical error. January 12, 1\)34. You hlu'e addressed this office as follows; "Subdivision (b) of subdivi- sion 4 of Section 1758 of the Re';sed Codes of Montana of 1921. appealing on page 329 of the Session Laws of the 231'(1 Assembly reads as follows; "'Subdivision (b). A chattel mort- gage on a motor yehicle is hereby ex- cepted from the provisions of Sections 8278 and 8280 inclush'e of the Revised Codes of Montana of H)21, and It con· ditional sales contract on a motor Ye- hicle is hereby excepted from the p1'o- yibions of Sections 95\l4 and \l596 in- clusive of the Reyised Codes of :Mon- tana of 1921, insofar as they relate to the filing of chaHel mortgages and conditional sales contracts except the duration of said liens shall be and re- ma in as specified in Section 8279 of the Revised Codes of Montana of 1921.' "You will observe that a conditional sales contract on a motor vehicle is therein excepted from the provisions of \l5!l4 and 9596 inclusive of the Re- vised Codes of Montana 1!)21 insofar as they relate to filing. These sec- tions-9594 and 9596--are not ger- mane to this subject at all and it is apparent that an error was made. either in drawing the bill or enrolling, as without question the sections which apply are No. 75!)4 and No. 7596. "In line with the new provisions of Section 1758 as amended by the 23rd Assembly, we have been adl"ising all dealer's that duplicate original copies (If conditional sales contracts must be filed with the Registrar at Deer Lodge and if, because of the error in citing the correct section numbers and con- ditional sales contraots being except- ed from the application thereof, it seems to us that it is entirely possi- ble that duplicate and triplicate orig- inals of sales contracts will have to be taken and filed both in the county where the propert~' is located and also in the office of the Registrar at Deer Lodg-e. 'Ve will appreciate your opin- ion in the matter at rour conyeni- ence." Sections 95!J4 and 9596, inclush'e, deal with corporations and have no re- lation to chattel mortgages or saleS eontracts. while 75!l-1 and 7596, inclu- sh'e, specifically dea I with the la Iter. Section 2 of Chapter 15\), Laws of 193::1, amending Section 1758 R. C. :\1. 1921, under subdidsion 4, at page :{29, deals with the smne subject as that covcred by 75!}4-7596. Clearly the 1933 Act referring to !J5H4-9596 instead of to 7594-7596 was a clerical error and the plain intent will control the clerical error. In Hollibaugh v. Helm. 79 Pac. 1044 an act of the' State of 'Vyoming was hefore the court. The act was passed in ]901, purporting to amend Section :{291l of the Re"ised Laws of 1887. It was found tha t neither the title nor hody of the bill was germane to the subject matter of Section 3299 of the 1887 revision of the laws. but was ger- mane to Section 3299 of the 1899 re- ,·ision. The court held that the refer- ence to 1887 instead of to 1899 was a clerical error, and, the plain intent of the legislature being ollYious from the body of the act, the intent would eon- trol over the clerical error. In People v. Lord, et aI., 41 N. Y. S. ;{43, the holding is to the sallle effect. In this case the amendatory act re- ferred to Section 329, which was not germane, while the title and body of the aet related to the subjeet dealt with \)" Section 33!). The court said: "In- accuracies with regard to thc number- ing of an act, or the sections thereof, when palpable, oug-ht not to be permit- ted to nullify the legislath'e intent. Such inaccuracies may be cured, and the real sense clarified, by referenee to the context and sUlTouudings." There OPIXIOXS OF THE A'Lvl'OHXEY GEXEHAL 291 are many other decision along the same lines. 'Ve have no doubt our Supreme Court would hold that the reference to Sections 9594-9596 was intended to read 7594-7596.