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· 5/24/1898

Robinson v. City of Goldsboro

Citations

  • 30 S.E. 324
  • 122 N.C. 211
  • 1898 N.C. LEXIS 227

Syllabus

<p>Municipal Corporations — Contracting Debt — Issue of Bonds — Election—Repeal of Statute.</p> <p>1. The fact that, at a municipal election held on the question of issuing 850,000 bonds “for a system of sewerage and other public improvements” there was an adverse vote, did not exhaust the power of the municipality to hold another, election on the question whether bonds to the amount of §30,000 should be issued “for the purpose of constructing a system of sewerage.”</p> <p>2. Where an Act of-the General Assembly confers authority upon a town to establish a sewerage system and to issue bonds therefor “as and when the board of Aldermen may determine,” the latter words imply a continuing authority to submit the question to a vote of the people.</p> <p>3. Repeals of statutes are not to be implied and when an Act professes to repeal a former statute and, at the same time, to re-enact it in its own or similar terms, there is no repeal.</p>

Judges: Faircloth

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