Clayton v. City of Henderson
Court of Appeals of Kentucky
Case 29 — .PETITION ORDINARY APPEAL EROM HENDERSON CIRCUIT COURT. 1. Affirmative statutes of a general nature do not repeal by implication charters and special acts passed for the benefit of particular municipalities, unless the purpose to do so clearly appears; and such parts of charters should be read and construed in the light of the general legislation and policy of the State, and of the object of the legislation.
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Case 29 — .PETITION ORDINARY APPEAL EROM HENDERSON CIRCUIT COURT. 1. Affirmative statutes of a general nature do not repeal by implication charters and special acts passed for the benefit of particular municipalities, unless the purpose to do so clearly appears; and such parts of charters should be read and construed in the light of the general legislation and policy of the State, and of the object of the legislation. Dillon on Municipal Corporations, 4th ed., yol. 2, sec. 87. 2. While it is true the act itself only provides a specific penalty, or liability, as to officers of municipalities,…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion oe the court.
*231By an act adopted in 1886., embodied in section 3909 Kentucky Statutes, it was provided:
“It shall not be lawful to locate or maintain any pest-, house or other place intended for the treatment of eruptive diseases, or diseases which are contagious or infectious, within the corporate limits of-any incorporated city or town, -or within a distance of one mile of .the boundary line thereof. Any officer of any city or town, or other person, who shall violate the provisions of this act, or in anywise aid) or abet therein, shall be deemed guilty o.f a…
2Cases cited4 opinions
- Haag v. Board of Comm'rs of Vanderburgh Co.Indiana Supreme Court · 1878
- Kendrick v. Chicago & Alton RailroadSupreme Court of Missouri · 1884
- Felter v. ManvilleSupreme Court of Kansas · 1879
- Bottomley v. Port Huron & Northwestern Railway Co.Michigan Supreme Court · 1880
3Cited by22 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Board of Park Commissioner v. PrinzCourt of Appeals of Kentucky · 1907
- District of Columbia v. TottenCourt of Appeals for the D.C. Circuit · 1925
- Twyman's Admr. v. Board of CouncilCourt of Appeals of Kentucky · 1904
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