State ex rel. Vandiver v. Tolly

Citations

• 37 S.C. 551
• 16 S.E. 195
• 1892 S.C. LEXIS 46

Syllabus

<p>1. Municipal Debt—Constitutional Limit—Assessment.—-Under the constitutional provision forbidding a bonded debt by a municipality in excess of “eight per centum of the assessed value of all the taxable property therein,” the valuation of its property is to be ascertained by the regular assessment, made under the forms of law, for the ordinary purposes of taxation, and cannot be fixed by a special assessment made with a view of issuing a particular bonded debt. And the debt created cannot exceed eight per cent, of the regular assessed valuation.</p> <p>2. Ibid.-—-Ibid.—Ibid.—And yet again, where a regular mode of assessing property by a municipality, for purposes dt' municipal taxation, is fixed by statute, none other can be pursued by the corporation, and an assessment made at another time by a different board, under resolution of the municipal council, was unauthorized and void.</p> <p>3. Ibid.—Repeal of Statute.—Repeals by implication are not favored ; and, therefore, an act which prohibited a bonded debt by a city in excess of $50,000, or until approved by an election of the voters, to be ordered after a petition to the city council, signed by a majority of the owners of real estate, was not repealed, except as to the amount of the debt limited, by a subsequent act, which, after reciting that the city council of such city, pursuant to written request of a large majority of the taxpayers and the real estate owners of said city, was desirous of submitting a bid of not exceeding $100,000 for the location of a school and of making good such subscription, and proposed to issue coupon bonds for such purpose, provided that the said city council was “authorized and empowered” to subscribe, not exceeding §100,000, and to issue coupon bonds of the city in payment. Therefore, the issue of the bonds authorized by the later act, to the limit therein stated, could only be. made after a compliance with the preliminary conditions prescribed in the older act.</p> <p>Mr. Justic