State ex rel. Durr v. Spiegel
Citations
- 91 Ohio St. (N.S.) 13
Syllabus
<p>Statutory construction — Amendatory acts construed, how — Amended sections considered with entire subject, when — Limitation of tax rate — Act of April 16, 1913 (103 O. L., 552) — Amends Section 5649-2, General Code, how — Interest and sinking fund included, when.</p> <p>1. Where an amendatory act contains the entire section or sections as amended and repeals the original section or sections in compliance with Section 16, Article II of the Constitution, the amended sections are to be given the meaning they would have had if they had read from the beginning as they do as amended, except where such construction would be inconsistent with the manifest intent of the legislature.</p> <p>2. An act amending one or more sections of a statute should be considered in connection with the whole statute of which it has become a part, the object intended to be accomplished by the law, the imperfections to be removed and the changes to be made by the amendment.</p> <p>3. The only change made in the original Section 5649-2, General Code, by the amendment of April 16, 1913 (103 O. L., 552), is the elimination of the part of the original section that is not included in the amendment. The words “heretofore” and “hereafter,” found in both, refer to the date of the passage of the original act June 2, 1911.</p>
Judges: Johnson, Newman, Nichols, Wanamaker, Wilkin
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