State v. County of Gadsden

Citations

• 63 Fla. 620

Syllabus

<p>1. Tbe State lias a right to appeal from a decree denying and dismissing a petition to have county bonds validated in the proceedings authorized by Chapter 5698, Acts of 1907.</p> <p>2. While statutes may be impliedly as well as expressly repealed, yet the enactment of a statute does not operate to repeal by implication prior statutes unless such is clearly the legislative intent.</p> <p>3. An intent to repeal prior statutes or portions thereof may be made apparent when there is a positive and irreconcilable repugnancy between the provisions of a later enactment and those of prior existing statutes. But the mere fact that a later statute relates to matters covered in whole or in part by a prior statute does not cause a repeal of the older statute.</p> <p>4. If two statutes may operate upon the same subject without positive inconsistency or repugnancy in their practical effect and consequences, they should each be given the effect designed for them unless a contrary intent clearly appears.</p> <p>5. Chapter 5098, Acts of 1907, relating to an annual tax levy by the counties for the purpose of erecting a court house, does not by implication repeal Sections 769, 786, ,787 and 798 of the General Statutes which relate to 'the issue of county bonds for the purpose of erecting court houses.</p>