State ex rel. Gonzalez v. Palmes

Citations

• 23 Fla. 620

Syllabus

<p>1. 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 g'overn the case provided for, or it revises the subject matter of the former, or expressly repeals it.</p> <p>%. Where, at one session of the Legislature, an act is passed which, by one of its sections imposes a license tax on a number of occupations, and another act is passed imposing a similar tax on another occupation, and at a subsequent session of the Legislature an act which is in effect a revision of the first of the former acts is passed, and one of its sections takes the place of the section of the first act imposing such occupational taxes, and continues the tax as it existed on some of these occupations, and removes it from others by omitting to mention them, and taxes certain other occupations that were previously not taxed, but says nothing as to the second of the two former acts, nor as to the occupation taxed by it, yet expressly repeals the first of said acts, the second act is not repealed.</p> <p>3. The act entitled “ An Act to fix the license tax of stevedores,” approved March 7, 1881, was not repealed by the act of 1883, entitled “An Act for the assessment and collection of revenue,” revising and expressly repealing the general revenue law of 1881.</p> <p>4. The Legislature may make the title of an act as restrictive as it pleases, and the courts cannot enlarge its scope, and any matter of legislation not properly connected with that particular feature of a subject to which the title may be restrictive, will be of no effect.</p> <p>5. Provisions for the examination of persons as to their qualification to perform the duties of stevedores are not matter properly connected with the subject expressed in the title: “An Act to fix the license tax of stevedores.”</p> <p>6. The fact that an act is broader than the subject of its title and matter properly connected ther