Adams v. Fragiacomo

Citations

• 71 Miss. 417

Syllabus

<p>1. Revenue Agent. Right to sue. Repeal. Code. 1892, <¡ 4; lb., eh. 116.</p> <p>By the putting into effect, April 2,1892, of chapter 116, code 1892, entitled “Revenue,” which contained no saving of existing rights of action by the revenue agent for the privilege license which a liquor dealer should have paid, the revenue act of 1890 (Laws, p. 11), which alone authorized such actions, was repealed, and the right of action thus lost was not restored by j}4, code 1892. This section, which went into effect November 1, 1892, saved all rights of action, then existing, but did not create any.</p> <p>*2. Liability to State. Legislative power. Const.. 1890, ? 100. Unlicensed retailer.</p> <p>•Such repeal is not within the prohibition of í? 100, constitution 1890, providing that “no obligation or liability of any person, association or corporation held or owned by the state, or levee board, or any county, city or town thereof, shall ever be remitted, released or postponed, or in any way diminished by the legislature, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury.” The word liability is used in said section interchangeably with obligation, and not in such enlarged sense as includes the subjection by the. revenue, act of 1890 of an unlicensed retailor to an action by the state to recover the privilege tax he should have paid.</p> <p>8. Construction ov Statute. Use of interchangeable words. Intent.</p> <p>Although, prima facie, the use in a statute of different words or phrases implies an intent that a different meaning attaches to each, if it be apparent from the statute that no different meaning was intended, the more change in the language will be considered as without significance.</p> <p>4. Same. Legislative intent. Interpretation of words. Extraneous matters.</p> <p>In the interpretation of a word in a statute or constitution which has no precise or technical meaning, the primary maxim is to read it to mean what