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eBook details

• Title: Special Road Dist. No. 8 v. Millis
• Author : Supreme Court of Montana
• Release Date : January 07, 1927
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Highways ? Roads and Road Districts ? General and Special Road Funds ? Revenues Properly Belonging to Each ? Statutory Construction ? Rules ? Repeal by Implication. Same ? Highways ? Special Road Districts ? What Moneys to be Placed in General and What in Special Road District Fund. 1. Construing section 1617, Revised Codes, 1921, authorizing counties to levy annually a general tax of not less than two nor more than five mills for the construction and maintenance of public highways, the moneys collected to be placed in the general road fund, and section 1659, a part of a later Act (Chap. 128, Part III, Political Code, 1921) providing for the creation of special road districts, under which they are given power, inter alia, to levy a tax not to exceed two mills for general road purposes on property in such districts, held that the revenue collected from the latter levy, like that from the former, must be placed in the general road fund of the counties, both being for general road purposes, and not in the road fund of any special road district into which must go funds derived from a levy authorized in addition to the two-mill levy, not to exceed five mills, for district purposes. Statutory Construction ? Statutes on Given Subject to be Construed in Pari Materia. 2. Code sections upon any given subject must be taken together and construed in pari materia, and in case of seeming conflict they must be harmonized, if possible. Same ? Rule. 3. In the construction of a statute every word therein must be given some meaning, if possible; it must be construed so as best to effectuate the object of the legislature, and if a reasonable construction may be put upon it it is the one to be adopted, to the exclusion of others not reasonable. Statutes ? Repeal by Implication not Favored. 4. Repeals by implication are not favored; an existing law is not to be presumed repealed by a later one unless irreconcilably - Page 87 repugnant or the latter revises the whole subject matter of the former; otherwise the later one will be regarded as an exception to or qualification of the prior general one.

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