Williams v. State

• Court: Florida Supreme Court
• Writing for the Court: BUFORD, J.
• Citation: Williams v. State, 125 So. 358, 100 Fla. 1567 (Fla. 1930)
• Decision Date: 03 January 1930
• Parties: WILLIAMS et al. v. STATE ex rel. NEWBERGER.

125 So. 358

100 Fla. 1567

WILLIAMS et al. v. STATE ex rel. NEWBERGER.

Florida Supreme Court, Division B.

January 3, 1930

Error to Circuit Court, Hillsborough County; F. M. Robles, Judge.

Mandamus by the State, on the relation of Fred W. Newberger, against William T. Williams, Chairman, and others, as the Board of County Commissioners of Hillsborough County, and another. A peremptory writ was issued and defendants being error.

Affirmed.

Syllabus by the Court

SYLLABUS

Adoption by statute of another statute by specific reference takes adopted statute as it then exists, unaffected by subsequent amendment or repeal; adoption by statute of law governing particular subject, without reference to particular statute includes law then in force and all subsequent laws on subject, not inconsistent with adopting act; repeal of statute incorporated in subsequent act, in terms or by relation, leaves latter in force, unless also repealed by necessary implication. It is a general rule that, when a statute adopts a part or all of another statute, domestic or foreign, general or local, by a specific and descriptive reference thereto, the adoption takes the statute as it exists at that time. The subsequent amendment or repeal of the adopted statute has no effect on the adopting statute unless it is also repealed expressly or by necessary implication. But when the adopting statute makes no reference to any particular statute or part of statute by its title or otherwise, but refers to the law generally which governs a particular subject, the reference in such a case includes not only the law in force at the date of the adopting act but also all subsequent laws on the particular subject referred to, so far at least as they are consistent with the purpose of the adopting act. When a prior act is incorporated in a subsequent one in terms or by relation, the repeal of the former leaves the latter in force, unless also repealed expressly or by necessary implication.

Statute held to make applicable to constables statute relating to fees allowable to sheriffs (Comp. Gen. Laws 1927, §§ 4588, 4597; Const. art. 5, § 23). By the provisions of section 2899, Rev. Gen. St. 1920 (section 4597, Comp. Gen. Laws 1927), and chapter 10091, Acts 1925 (section 4588, Comp. Gen. Laws 1927), upon its enactment, became operative as the law of this state governing fees to be paid to constables.

COUNSEL Sutton, Tillman & Reeves, of Tampa, for plaintiffs in error.

D. C. McMullen, of Tampa, for defendant in error.

Macfarlane, Pettingill, Macfarlane & Fowler, of Tampa, amici curiae.

OPINION

BUFORD J.

In this case the defendant in error was petitioner in the court below for writ of mandamus against the plaintiffs in error, in which proceeding in was sought to require the plaintiffs in error to pay Fred W. Newberger, a constable in Hillsborough county, certain fees for services rendered as such constable. The fees claimed were in like amounts as are provided by law to be paid to the sheriff of that county for like services. Alternative writ of mandamus issued. A demurrer was filed to the writ, and upon final hearing peremptory writ was issued.

Section 23, article 5, of the Constitution of the state of Florida provides as follows:

'A constable shall be elected by the registered voters in each justice's district, who shall perform such duties, and under such regulations as may be prescribed by law.'

Section 2899, Revised General Statutes of Fla. (section 4597, Compiled General Laws of Fla.), provides as follows:

'The fees of constables shall be the same as are allowed sheriffs for like services.'

In 25 R. C. L. p. 908, the writer, supported by ample authority, says:

'It is a general rule that when a statute adopts a part or all of another statute, domestic or foreign, general or local, by a specific and descriptive reference thereto, the adoption takes the statute as it exists at that time. The subsequent amendment...