Horton v. Kyle

Citations

• 81 Fla. 274
• 88 So. 757

Syllabus

<p>1. Where the legislative journals show that sixty days did not intervene between the date of the proclamation of the Governor calling an extra session of the Legislature, and the date of its adjournment, there can be no presumption that notice of intention to apply for the passage of a local or special bill was published in the locality where the matter or thing to be affected was situated and proof thereof established in the Legislature as required by the Constitution.</p> <p>2. Where only twenty-two days elapsed between- the date of the proclamation of the Governor calling the Legislature in extra session and the date of its adjournment, there is no presumption that the constitutional notice required before a local or special bill can be passed was given, and where it is sought to pass a local or special act at such an extra session without establishing in the Legislature proof of the publication of the notice, such an act is unconstitutional and void as not having passed the Legislature.</p> <p>3. It is not competent for the Legislature, by subsequent proceedings, to validate an act that was never'passed in'the Legislature in accordance with the requirements of the Constitution.</p>