Ex parte McInnis

Citations

• 98 Miss. 773
• 54 So. 260

Syllabus

<p>1. Constitutional Law. Criminal la/io. Imprisonment for debt. Cost. Lems of 1908, chapter 16&. Code 1906, § 870. Repeals.</p> <p>The Constitution of 1890, § 261, expressly provides that defendants in ease „ of conviction, may be taxed with the cost, and this court has decided that the cost of prosecution is not a debt within the meaning of section 30 of the Constitution, prohibiting imprisonment for- debt.</p> <p>2. Laws 1908, Chapter 109 and 162, Constitution 1890, Section 28.</p> <p>Section 2 of chapter 109 of Laws 1908, providing for confinement until payment of fines and cost is not unconstitutional as providing for “unusual punishment in violation of Constitution 1890, sec. 28, or Constitution of the United States, Amendment 8, because under the Laws of 1908, chapter 168, a county convict cannot be confined for more than two^years for non-payment of fine and cost.</p> <p>3. Same.</p> <p>Nor are these statutes unconstitutional under Amendment 14, Constitution United States, as denying the equal protection of the law.</p> <p>4. Criminal Law. Repeal. Statute.</p> <p>That part of chapter 168, Laws 1908, prohibiting confinement of county convicts for more than two years for non-payment of fines and cost, was not repealed by Laws 1908, chapter 109 providing or confinement until payment of fine and cost by convict, but so far as other provisions of the first act conflicts with the last act they are repealed.</p> <p>5. Same.</p> <p>A series of acts upon one subject are to be construed as one whole; and where in a subsequent statute, there is no express repeal of a former, the courts will not hold the former to be repealed by implication unless there be a plain and unavoidable repugnance between -them.'</p>