145 Ga. 745 | Ga. | 1916
(After stating the foregoing facts.)
The first question presented to this court for decision by the exceptions pendente lite is whether or not section 2 of the act of 1904 (Acts 1904, p. 276) is, in that the same is a special and local act, superseded by sections 5 and 6 of the general act (Acts 1910, p.°90), and is repealed thereby. The act of 1904 is entitled: “An act to regulate the running of locomobiles, automobiles, motorcycles, and all other similar machines, while using the public roads in Monroe county; to prescribe the duties of those in charge of said machines; and to provide for the punishment of said parties when this law is violated, and for other purposes.” Thé first section provides that the' speed of such vehicles shall not be over twenty miles per hour. Section two, the one for consideration, is as follows: “ That- when any one in charge of or running an automobile, locomobile, motorcycle, or other similar machine, on the public roads in the county of Monroe, is meeting or approaching any one who is driving or riding any horse or mule, he shall bring his machine to a full stop at least one hundred yards from said horse or mule, and shall shut off all his machinery and stop all noise being made by the same until said horse or mule has passed his machine, and at least fifty yards beyond the same.” Section three provides for approaching from the rear of one using the highway; section four, for approaching animals when hitched; and section 6, a penalty for violating any
Applying to the present case the principles recognized and enunciated in the foregoing authorities, it seems clear to us that it was the intention of the legislature, by the enactment of the general statute of 1910, to abrogate the particular one of 1904. Among the purposes of the general act as stated in the caption thereof was, “to provide uniform rules regulating the running and speed” of motor vehicles. “Uniform” means having the same effect upon all persons .coming within the operation of the general statute, to wit: all the territory throughout the State and in every county thereof. And in furtherance of this purpose it is provided in section one, that, “except in accordance with the provisions of this act, it shall be unlawful for any person or per
Judgment affirmed.