59 So. 623 | Ala. | 1912
Section 1 of the act of August 26, 1909, “to regulate the disposition and disbursement
On April 5, 1911, an act of the Legislature was approved identical in language with the act above referred to, except that “county” was substituted throughout for “state,” thus making the county treasurer the custodian of the unclaimed fees, and the general county fund the ultimate beneficiary of such as were finally barred of claim. Section 4 of this act declares that “all laws or parts of laws in conflict with this act be and
The petitioners, constituting the board of revenue of Jefferson county, seek by mandamus to compel the respondent, who is clerk of the city court of Birmingham, to file Avith the county treasurer his report of the witness fees collected by his predecessor in office more than two years prior to January 1, 1911, and to pay over these fees,' amounting to $4,788.83, and still retained by respondent, to the county treasurer.
Upon the overruling of his demurrer to the petition, respondent filed his answer, Avhich, on demurrer, Avas held insufficient; and, respondent declining to ansAver further, judgment Avas entered for petitioners in accordance with their prayer.
The single question presented by the appeal, as argued by counsel, is whether the act of 1911 operates upon and controls the disposition of 'such witness fees as, under the act of 1909, should have been reported and paid over to the state treasurer on January 1, 1911.
It is argued Avith both force and reason that the Legislature, in passing the later act, could not have had in contemplation the failure of clerks to obey the mandates of the earlier act, and hence could not have intended to subject to the influence of the later act such fees as may have been improperly retained by them in violation of the pre-existing law. Wé would be inclined to so construe the act of 1911 if its language Avere at all ambiguous in meaning or application. But it clearly repeals the act of 1909, and is intended as a complete substitute therefor. Its language with respect to the fees included within its operation is general and comprehensive, viz., “all such witness fees which have been collected by them or their predecessors, more than two years preceding the making of said report,” and
It is a general rule, also, that when a statute is repealed it stands as if it had never existed, except as to vested lights which have accrued under its operation. —36 Cyc. 1169. Under the act of 1909, the state had acquired no vested rights in the fees in question. Doubtless it had, prior to the act of 1911, a right to compel respondent to report and pay them over to the state treasurer as their appointed custodian. But, except as it had been already executed, the influence and operation of the act of 1909 was completely nullified by its repeal in 1911. “The Legislature has full power to take aAvay by statute, rights not vested, Avhich have been conferred by statute. If the repealing statute is general and unconditional, Avithout a saving of pending proceedings . and prosecutions, these fall with the statute Avhich may have authorized them.” — Luke v. Calhoun County, 56 Ala. 415. This principle seems clearly applicable to the two acts under consideration.
Our conclusion is that the rulings of the trial court are free from error, and the judgment must be affirmed.
Affirmed.
is of the opinion that the fund in question \vas not subject to the operation of the act of April 5, 1911.