Sanders v. Howell

Citations

• 73 Fla. 563
• 74 So. 802
• 1917 Fla. LEXIS 481

Syllabus

<p>1. The maxim of leges posteriores priores contrarias abrogant is not applicable to cases where the precedent act is special or particular, and the subsequent act is general, the rule being that a later general act does not work any repeal of a former particular statute.</p> <p>2. In the construction of general and special acts the maxim generalia specialibus non derogant applies, and a general act will not be held to repeal or modify a special one embraced .within the general terms of the general act, unless the general act is a general revision of the whole subject, or unless the’ two acts are sc repugnant and irreconcilable as to indicate a legislative intent that the one should repeal or modify the other.</p> <p>3. One statute will not be held to repeal a former one unless there is a positive repugnancy between the two, or the latter was clearly intended to prescribe the only rule which should govern the case provided for, or it revises the subject-matter of the former, or expressly repeals it.</p> <p>4. The invariable rule of construction in respect to the repealing of statutes by implication is that the earliest act remains in force, unless the two are manifestly inconsistent with and repugnant to each other.</p> <p>5. 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>6. Where there are valid local or special laws relating to the powers and government of particular municipalities that are in, conflict with the general statutory law, such local or special laws prevail.</p>