 | Nathan Howard (Jr.) - 1856 - 612 halaman
...negative terms, or when its matter is so clearly repugnant that it necessarily implies a negative. The invariable rule of construction in respect to...inconsistent with, and repugnant to each other, or unless by the latter act some express notice is taken of the former, plainly indicating an intention to abrogate... | |
 | Nathan Howard (Jr.) - 1857 - 630 halaman
...the letter of the statute. (Griswold agt. National Ins. Co., 3 Cow. 89 ; 15 /. R. 380 ; Crocker agt. Crane, 21 Wend. 211.) The invariable rule of construction,...taken of the former, plainly indicating an intention to abrogate it. (Bowen agt. Lease, 5 Hill, 225.) Hence a repeal by implication is not favored ; on... | |
 | Florida. Supreme Court - 1859 - 560 halaman
...the remedy." — 1 Black, Com., 87. The invariable rule of construction in respect to the rerepealing of statutes by implication is, that the earliest act...manifestly inconsistent with and repugnant to each other. And it is a general rule that subsequent statutes which institute new methods of proceeding, do not... | |
 | Oliver Lorenzo Barbour - 1864 - 712 halaman
...inconsistent." (Foster's case, 11 Co. R. 63.) In Bowen v. Lease, (5 Hill, 225,) Nelson, Ch. J. said : "The invariable rule of construction in respect to...taken of the former, plainly indicating an intention to abrogate it." As laws are presumed to be passed with deliberation, and with full knowledge of all... | |
 | Abraham Lansing - 1870 - 590 halaman
...not favored, and courts are bound to uphold the prior law if the two acts may well subsist together. The earliest act remains in force unless the two are...unless, in the latest act, some express notice is Park «. The People. taken of the former, plainly indicating an intention to abrogate it. The presumption... | |
 | California. Supreme Court - 1873 - 768 halaman
...remains to be settled ; and on this subject the rule which has been adopted universally by the Courts is, that ' ' the earliest Act remains in force unless the two are inconsistent with, and repugnant to each other." (Bowen v. Lease, 5 Hill, 221; McCarty v. Orphan Asylum,... | |
 | New York (State). Supreme Court - 1874 - 838 halaman
...subject-matter. The rule on this subject is that the earliest statute "remains in. Spratt v. Huotington. force unless the two are manifestly inconsistent with...taken of the former, plainly indicating an intention to abrogate it." As laws are presumed to be passed with deliberation and with full knowledge of all... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1874 - 506 halaman
...not favor a repeal by implication. The earliest statute continues in force unless the two are clearly inconsistent with, and repugnant to each, other, or unless in the latest statute some express notice is taken of the former, plainly indicating an intention to repeal it. And... | |
 | 1883 - 668 halaman
...493. A statute is not to be deemed repealed by implication by a subsequent act upon the same subject unless the two are manifestly inconsistent with and repugnant to each other, or unless the clear intention is disclosed on the face of the later statute to repeal the former. 5 Hill, 225.... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 636 halaman
...and a repeal by implication is not favored. In Bower v. Lease (5 ffiU, 22,")), NELSOX, Ch. J., said, "The invariable rule of construction in respect to...act remains in force, unless the two are manifestly inPURSELL v. NY LIFE INS. AND TRUST CO. 307 Opinion of the Court, by SPEIR, J. consistent with and... | |
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The invariable rule of construction in respect to the repealing of statutes by implication is that the earliest Act remains in force, unless the two are manifestly inconsistent with and repugnant to each other; or unless in the latest Act some express... 
