State ex rel. McQuaid v. County Commissioners

Citations

• 23 Fla. 483

Syllabus

<p>1. Special or local legislation as to cities and towns under section 8, of Article 8, of the Constitution, is not controlled by the proviso to section 21, of Article 3, but may be enacted at any session of the Legislature, and without the notice required by such proviso.</p> <p>2. The Lieutenant-Governor’s office, as it existed under the Constitution of 1868, is continued by the present Constitution for at least the balance of the term of such office, and he was authorized to preside over the Senate, at its 'session in 1887.</p> <p>3. When an act establishes a municipality covering territory occupied by two existing municipalities and by a part of a third municipality, and the title is an act to establish the new municipality, (stating its name) and to provide for its government and prescribe its jurisdiction and powers, a repeal of the existing charters is matter properly connected with the subject expressed in the title of the act, within the meaning of section 16, of Article 3, of the Constitution.</p> <p>4. Where the title of an act designates it as one amending another act, but such act, in fact, amends only one section of the latter statute, the title is sufficient under section 16, of Article 3, of.the Constitution.</p> <p>5. The fact that there are two sections of an amendatory act that expressly profess to amend one section of another statute, does not affect the validity of such amendatory sections. Though inartificial legislation, it but substitutes matter in the form of two sections for matter in the form of one section.</p> <p>6. Where a section, expressly amendatory of another section of a statute, purports to set out in full all it is intended to contain, any matter which wTas in the original section, but it is not in the amendatory section, is repealed by the omission.</p>