State v. Town of Winter Park

Citations

• 25 Fla. 371

Syllabus

<p>1. The notice ‘‘ lor a period of not less than thirty days ” required by the general statute for the incorporation of cities and towns, is complied with if there be thirty days given by excluding the first and including the last. Fractions of days are not considered ordinarily, and the words quotid are held not to mean thirty clear days.</p> <p>2. Where such notice has been given the proceedings for imcorporation may be had on the last day of the notice.</p> <p>3. There cannot he two municipal corporations atthosame time overthe same territory ;but this means two legal and effective corpo>alions- and does no' apply where there is a de tacto corporation wi bout right, anda corporation legally organized, hut not in actual gov eminent till the former is ousted. The functions ot the legal corporation are in abeyance until the ouster, and then come into full aeiivily.</p>