People ex rel. Kirkpatrick v. Grippen
People ex rel. Kirkpatrick v. Grippen
Opinion of the Court
This is a proceeding to determine the right of the relator to collect certain taxes in the County of Sierra. The relator is the Sheriff and ex officio Tax Collector of the county, and the respondent is a Constable, and claims to be the lawful collector of poll and license taxes within his township. He relies in support of his claim upon the Act of April, 1858, entitled an “Act concerning the Collection of Pol Taxes,” etc., “ in the County of Sierra; ” and the question is, whether this act was repealed by the provisions of the Revenue Act of 1860. The Act of 1858 provides for the colection of pol and Icense taxes by township officers, to be elected annualy at the general election by the voters of them respective townships, and to hold them offices untl the election and qualificar tion of their successors. The Act of 1860, sec. 3, provides that “ For the purposes of revenue, each county in this State is hereby divided into revenue districts, and each township now organized, or that hereafter may be organized in the several counties, shal constitute a revenue district, to be designated in the same manner as
We are of opinion that the Sheriff is the proper officer to collect the taxes; and the judgment of the Court below is reversed, and the cause remanded.
Reference
- Full Case Name
- PEOPLE ex rel. KIRKPATRICK v. GRIPPEN
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Where a statute contains a clause repealing all laws and parts of laws in conflict with its provisions, a previous act upon the same subject matter, the material provisions of which are repugnant to and irreconcilable with those of the new act, is repealed by it, unless the the terms of the subsequent act show an intention to keep the previous one in force. The Revenue Act of 1860 repealed the Act of April, 1858, concerning the Collection of Poll Taxes, etc., in the County of Sierra; and under the provisions of the Revenue Act of 1861, the Sheriff of that county is the collector of poll and license taxes, as well as the tax on property.