State ex rel. Loftin v. McMillan

Citations

• 55 Fla. 246

Syllabus

<p>x. Laws should be construed with reference to the constitution and the .purpose designed to be accomplished, and in connection with other laws in pari materia, though they* contain no reference to each other.</p> <p>2. Where one statute in comprehensive terms covers a subject and another later statute embraces only a particular part of the same subject, the two should be construed together unless a different legislative intent appears; and the statute relating to the particular part of the general subject will operate as an exception to or qualification of the general terms of the more comprehensive statute to the extent only of the repugnancy if any.</p> <p>3. The constitution provides that: “In all criminal cases prosecuted in the name of the State, when the defendant is insolvent or discharged, the legal costs and expenses, including the fees of offibers, shall be paid by the counties where the crime is committed, under such regulations as shall be prescribed by law.” Section 3878, of the General Statutes prescribes that the prosecuting attorney shall receive a.conviction fee of five dollars for each misdemeanor. Sebtion 3266 provides that every person convicted of carrying concealed weapons shall pay as costs, a conviction fee of ten dollars for the prosecuting officer, provided, if the party convicted is insolvent no liability shall attach to or be incurred by the counties for such ten dollar fee. Held: (x) section 3266 being a later act operates as an exception to or a qualification of section 3878 in so far as it is repugnant thereto in undertaking to prescribe a different conviction fee in misdemeanor cases of carrying concealed weapons; (2) the proviso to section 3266 is not a regulation for the payment of prescribed fees, but prescribes particular fees and is in conflict with the constitutional provision, requiring the legal costs and expenses including the fees of officers to be paid by the,.counties when the defendant is insolvent; (3) as the eliminat