Saunders v. Provisional Municipality

Citations

• 24 Fla. 226

Syllabus

<p>1. When the language of an act granting powers is sufficient to give a particular power and there is nothing in the other express provisions or in the purpose of the act, clearly inconsistent with the exercise of such particular power, it will be held to have passed under the grant.</p> <p>2. The grant to a Provisional Municipality under the legislation of 1885, (Chapters 3800, 3607,) of all the powers and authority, rights and privileges, conferred upon cities and towns by the general municipal incorporation act of 1869, (Chapter K.88,) and the amendments thereto, includes the power to extend corporate limits, as provided by the latter act.</p> <p>3. The power mentioned is not excluded from the grant by the previous provisions of the same section that the boundaries of the provisional municipalities shall be co-extensive with those of the dissolved city or town, nor by any other express provision of the acts of 1885, nor is it inconsistent with the purpose of the same.</p> <p>4. Where there is an express amendment of a section of a statute witliin the meaning- of section 14, of Article IV, of tho Constitution of 1808, the amendatory section takes the place of the section amended, as a part of the original act.</p> <p>5. Where the title of a statute is one to “amend” a former act, giving-the title and date of approval of the latter, and the title of such amended act is sufficiently expressive of its “subject,” the title of the amendatory act is sufficient to cover an express amendment made by one of its sections of an intermediate act expressly amending a section or sections of the original act.</p> <p>6. The additional expression in the title of the third act of a purpose to amend acts amendatory of the original act and to make further provisions as to its general subject, is not a violation of such constitutional provision, and does not impair the third act.</p> <p>7. Tho incorporation in one section of an amendatory act of provisions relating to matters within