96 Va. 503 | Va. | 1898
delivered the opinion of the court.
Two grounds are alleged in support of this application for a mandamus. The first is that the act of February 24, 1898, repealed so much of the act of February 11, 1898, as provided for the payment of the' costs of application, and the penalty of five dollars to the applicant; and the second is that the act of February 11, 1898, is unconstitutional and therefore void.
In February, 1898, the Legislature passed two acts, the first on the 11th day of that month amending and re-enacting section 666 of the Code, as amended by an act approved March 5, 1894, providing how lands purchased in the name of the auditor, and not redeemed, should be sold; and the second on the 24th of said month amending aud re-enacting see. 664 of the Code as amended by an act approved February 28, 1890, providing how and by whom real estate so purchased may be redeemed. These two acts, passed by the same Legislature, amended and re-enacted two sections of chapter twenty-eight of the Code, which contains forty-one sections, together constituting a comprehensive system of law touching “the sale of delinquent lands.” The amendment and re-enactment of secs. 664 and 666 must therefore be read in their regular order, in the room and stead of the original sections, as found in the Code. When thus read, the legislative intent is clear, and there is no ground for the contention that the one repeals any part of the other, and no reason why both cannot stand together.
• The second contention is that the act of February 11, 1898, was not passed in the House of Delegates by a recorded vote, and is therefore void, for the reason that article 10, sec. 11 of the State Constitution provides that “ on the passage of every
ffor these reasons the writ prayed for must be denied.
Mandamus denied.
