National Bank v. Williams

Citations

• 38 Fla. 305

Syllabus

<p>1. Every part of Chapter §747, laws of Florida (being an act to protect mechanics, artisans, laborers and material men, and to provide for the speedy collection of moneys due them for wages or material furnished), which was not included in the Revised Statutes of the State of Florida, which went into effect and operation June 13th, 1892, or which was not recognized or continued in force by reference therein, was expressly repealed by the act adopting such Revised Statutes.</p> <p>.3. The provisions of Chapter 3747, laws of Florida, by which, under certain conditions, a lien was created, or attempted to be created, in favor of laborers upon saw mills, upon the interest of the owner having the absolute title to said mills where the labor was performed upon a contract with a party in possession holding a less interest than such absolute title, not being included in the provisions of the Revised Statutes (secs. 1727-1741), which cover the same subject-matter, are thereby repealed.</p> <p>'•3. The lien in favor of a laborer upon saw mills, provided by the act (Chapter 3747, laws of Florida) did not confer a substantive right upon the laborer, and forms no part of the obligation of the contract of employment. The right of the laborer to be paid for his services is not given by the act. The act merely provides the remedy — the means by which the right may be made available.</p> <p>4. A remedy that the Legislature has created in derogation of the common law, it can take away. No one can have a vested right in a particular remedy; such a remedy forms no part of the essence of the contract, and until perfected by proceedings •whereby rights in the property sought to be subjected have become vested, is entirely within the control of the law-making power, in whose edict'it originated.</p> <p>•5. The saving clause of the act adopting the Revised Statutes, to the effect that the repeal of any statute by said revision shall not effect any right accrued before such appeal, where