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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... "
Reports of Cases Argued and Determined in the Court of Common Pleas for the ... - Side 275
av New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1859
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Practice Reports in the Supreme Court and Court of Appeals, Volum 11

Nathan Howard (Jr.) - 1856 - 612 sider
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 13

Nathan Howard (Jr.) - 1857 - 630 sider
...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...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volum 8

Florida. Supreme Court - 1859 - 560 sider
...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...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volum 41

Oliver Lorenzo Barbour - 1864 - 712 sider
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 1

Abraham Lansing - 1870 - 590 sider
...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 39

California. Supreme Court - 1873 - 768 sider
...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,...
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The New York Supreme Court Reports: Cases Determined in the Supreme ..., Volum 4

New York (State). Supreme Court - 1874 - 838 sider
...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...
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Reports of Cases in the Supreme Court of Nebraska, Volum 3

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1874 - 506 sider
...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...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volum 16

1883 - 668 sider
...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....
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Reports of Cases Argued and Determined in the Superior Court of ..., Volum 42

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 636 sider
...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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