Florida East Coast Railway Co. v. Hazel

Citations

• 43 Fla. 263

Syllabus

<p>1. Where the title of an act clearly though briefly expresses the subject-matter of legislation contained in the body of the act, and there is nothing in the act which is not properly .connected with such subject-matter, the requirement of section 16, Art. 1X1, constitution of 1885, that the subject of an act of the legislature be briefly expressed in the title is complied with.</p> <p>2. Courts should not resort to critical or technical construction of the language of the title of an act, in order to exclude parts of the body of the act from its purview as being in violation of the constitutional requirement that the subject of an act be briefly expressed in the title, nor should the title be held insufficient to embrace parts of the body of the act unless the question be free from doubt.</p> <p>3. The title of Chapter 4069 act of 1891, is sufficient to sustain the provisions of the body of the act authorizing the recovery of double damages and attorneys’ fees by owners of live stock killed or injured by the engines and cars of railway companies failing to fence their tracks as therein required.</p> <p>4. Repeals by implication are not.favored, and in. order that the court may declare that one statute repeals another by implication, it must appear that there is a positive repugnancy between the two, .or that- the last was clearly intended to prescribe the only rule which should govern the case provided for, or that it revises the subject-matter of the former.</p> <p>5. The provisions of Cnapter 4069-acts of. 1891 relating to the recovery of double damages and attorneys’ fees for live stock killed by the engines and cars of railroad companies failing to fence their tracks as therein required, were not repealed by section 7, Chap. 4189 acts of 1893.</p> <p>6. The Supreme Court has no-jurisdiction to entertain a motion for the allowance of a reasonable attorney fee for services rendered in behalf of a defendant in error in said court filed in a cause pending in sai