Bd. of Educ. of Borough of Riverton v Tait
| Decision Date | 03 March 1913 |
| Citation | 86 A. 379,81 N.J.Eq. 161 |
| Parties | BOARD OF EDUCATION OF BOROUGH OF RIVERTON v. TAIT et al. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Appeal from Court of Chancery.
Bill by the Board of Education of the Borough of Rlverton against Peter Tait and others. Decree for defendants (83 Atl. 459), and complainant appeals. Affirmed.
Joseph Beck Tyler, of Camden, for appellant.
William D. Lippincott, of Camden, for
respondents.
The facts of this case and the grounds of decision are fully set forth in the opinion filed in the Court of Chancery.
We think that the decree should be affirmed upon one of the grounds stated in the court below although not precisely for the reasons that are given. The Municipal Lien Law (P. L. 1892, p. 369) was amended in 1909 (P. L. p. 260). The learned Vice Chancellor was of opinion that this amendment repealed the third section of the Mechanic's Lien Act on the ground of an inconsistency that, he thought, must arise in the application of the two statutes. Hence he based his opinion as to the repeal of the earlier act, pro tanto, upon the final section of the act of 1909, which provided that "all acts and parts of acts inconsistent with the terms of this act are hereby repealed." We are not so sure that the inconsistency relied upon by the Vice Chancellor in fact exists, but reach the same result by force of the immediately preceding clause of the act of 1909, which provides "that all the proceedings to enforce any such claims or liens (that is municipal liens) shall be subject to the provisions of this act so far as the same may be applicable."
This indicates a legislative intent to cover in one statute the entire subject-matter of municipal liens. Gottuso v. Baker, 80 N. J. Law, 520, 77 Atl. 1038.
By force of this legislative declaration the provisions of section 3 of the Mechanic's Lien Act are to be discarded, not upon the ground of appeal or because of inconsistency, but by way of substitution. De Ginther v. N. J. Home, etc., 58 N. J. Law, 354, 33 Atl. 908; Oortelyou v. Anderson, 73 N. J. Law, 427, 63 Atl. 1095.
The doctrine in question is that when a general rule is provided by the Legislature to cover an entire subject-matter, all earlier and different legislative rules touching such matter are to be discarded in favor of such later rule. Harrington v. Jersey City, 78 N. J. Law, 610, 75 Atl. 943.
As to this doctrine we care to add nothing to what has been said in these...
To continue reading
Request your trial
-
Unadilla Silo Co., Inc. v. Hess Bros., Inc.
...any public improvement." Key Agency v. Continental Casualty Co., 31 N.J. 98, 106, 155 A.2d 547 (1959); accord Board of Educ. v. Tait, 81 N.J.Eq. 161, 162, 86 A. 379 (E. & A. 1913). The Legislature enacted the present Municipal Mechanics' Lien Law in 1918, L. 1918, c. 280, which applies to p......
-
New Jersey State Policemen's Benev. Ass'n of New Jersey, Inc. v. Town of Morristown
...fundamental assumptions relied upon by the old law will work to supersede earlier inconsistent statutes. Board of Education v. Tait,81 N.J.Eq. 161, 86 A. 379 (E. & A. 1913); Two Guys from Harrison, Inc. v. Furman, 32 N.J. 199, 223--225, 160 A.2d 265 (1960); Mahr v. State, Supra, 12 N.J.Supe......
-
Key Agency v. Continental Cas. Co., A--21
... ... L.1909, c. 171, § 7; Board of Education of Borough of Riverton v. Tait, 81 N.J.Eq. 161, 86 A. 379 ... (E. & A.1913). But ... ...
-
Boniewsky v. Polish Home of Lodi
...is displayed; it is not a table of contents, nor an index to everything that the statute contains. And in the Board of Education v. Tait, 81 N. J. Eq. 161, at page 162, 86 A. 379, this case was approvingly cited by the Court of Errors and In the title of the act under consideration an inten......