Hauserman v. Board of County Commissioners

Citations

• 89 Kan. 555
• 132 P. 212
• 1913 Kan. LEXIS 440

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statutes Revised — Parts Omitted. Ordinarily Considered as Annulled. When a statute is revised, some parts being omitted, the omitted parts are not readily to be supplied by construction, but are ordinarily to be considered as annulled.</p> <p>2. -r Same. The explicit repeal of the precise portion of a statute in which a power is expressly conferred ordinarily forbids the continued existence of the power being implied from the retention of language incidentally referring thereto.</p> <p>3. -Highways — Allowance by Viewers — Commissioners Can Not Revise. Where in amending the section of the statute relating to the award of damages occasioned by the lay- ■ ing. out of a highway, a sentence was omitted, in which a power to revise the allowance made by viewers had been given in distinct and express terms to the county commissioners, the omission must be regarded as indicating a purpose to deprive the commissioners of such power, notwithstanding a part of the section which remains unchanged, allowing an appeal to the district court on the question of the amount of damages, describes such appeal as one taken from the decision of the commissioners.</p>