County Commissioners v. Jackson

Citations

• 58 Fla. 210

Syllabus

<p>1. The commissioners who compiled the General Statutes under the act of 1903 were authorized “to revise, simplify, arrange and consolidate all the public statutes of the State of Florida, which are general and permanent in their nature, and which shall be in force in this State at the time such commissioners shall make their final report.” Undqr this authority if repugnant provisions of prior statutes are compiled and adopted in the General Statutes it must be presumed that the repugnancy was overlooked and that it was the intention of the compilers and of the legislature to bring forward the latest expression of the legislative will.</p> <p>2. Where there are two conflicting sections of a general compilation or code of statute laws, that section should prevail which is derived from a source that can be considered as the last expression of the lawmaking -power in enacting separate statutes upon the same subject.</p> <p>3. Sections 976 and 4108 of the General Statutes of the State of Florida are conflicting, and as section 976 was the latest expression of the legislature in enacting separate laws .upon the same subject, such section 976 must prevail even though section 4108 appears in the General Statutes subsequent in place and numerical order.</p>