CHAPTER VII. THE REPEAL OF STATUTES. STATUTES may be repealed either by express words contained in later Acts of Parliament, or by implication. repeal of Little need be said on the subject of express Express repeal. We have seen that it is within the power statutes. of any Parliament to repeal any of the Acts passed by its predecessors, and that it is not within the power of any Parliament to prevent the repeal of any of its own Acts, or to bind its successors. Formerly, however, by rules of both Houses, an Act could not be altered, or repealed, in the same session as that in which it passed, unless a clause was inserted expressly reserving such a power (a). May be in But by Lord Brougham's Act, 13 & 14 Vict. c. 21, sion as s. 1, 66 every Act to be passed after the commencement of this Act may be altered, amended or repealed in the same session of Parliament, any law or usage to the contrary notwithstanding." same ses enact ment. Some further provisions with regard to repeal were made by the same statute. Before its Before its pass- Does not ing the law was that if any statute was repealed statutes by one of a later date, and the later statute was repealed. (a) Dwarris, 530. revive already Repealed Act re force till new pro visions subsequently repealed, the first statute at once revived without any formal words for that purpose (b). The fifth section of the 13 & 14 Vict. c. 21, however, enacts that "where any Act repealing in whole or in part any former Act is itself repealed, such last repeal shall not revive the Act or provisions before repealed, unless words be added reviving such Acts or provisions." The 6th section of the same Act provides that mains in "wherever any Act shall be made repealing in whole or in part any former Act, and substituting take effect, some provision or provisions instead of the provision or provisions repealed, such provision or provisions so repealed shall remain in force until the substituted provision or provisions shall come into operation." Repeal by implica tion. A repeal by implication is effected when the provisions of a later enactment are so inconsistent with, or repugnant to, the provisions of an earlier enactment that the two cannot stand together. In that case the earlier enactment must give way to the later, according to the maxim, "leges posteriores priores contrarias abrogant" (c). "If two inconsistent Acts," says Lord Langdale, M.R., "be passed at different times, the last must be obeyed, and if obedience cannot be observed without derogating from the first, it is the first which must give way. Every Act of Parliament must be considered with reference to the state of the law subsisting when it came into operation, and when it is to be applied; it cannot otherwise be (b) 1 Blackstone, 90. rationally construed. Every Act is made either for the purpose of making a change in the law, or for the purpose of better declaring the law, and its operation is not to be impeded by the mere fact that it is inconsistent with some previous enactment" (d). inconsis are tency be tween two an statutes. Many instances may be given for the purpose of What is showing how statutes or parts of statutes repealed by implication. It is laid down in early case that the 33 Hen. VIII. c. 23, which enacted that persons examined before the King's Council might be tried for treason in any county where the King pleased, was repealed by 1 & 2 Phil. & Mary, c. 10, providing that all trials for treason should be had according to the course of the Common Law, and not otherwise (e). The Act 13 Geo. II. c. 28, exempted any harpooner in the Greenland fishery trade from impressment. was held that this Act was repealed by 26 Geo. III. c. 41, which conferred the same exemption on any such harpooner whose name was entered in a particular list (f). So, too, the 17 Geo. II. c. 38, which gave an appeal to the next sessions, repealed the sixth section of the 43 Eliz. c. 2, which gave an appeal generally (g). An Act allowing all persons access to the books of a turnpike trust was repealed by another Act, which gave the power of inspecting such books to trustees or creditors of tolls (h). An (d) Dean of Ely v. Bliss, 5 Beav. at p. 582. (e) Foster's Case, 11 Rep. at p. 63 a. (f) Ex parte Carruthers, 9 East, 44. (g) R. v. Worcestershire Justices, 5 M. & S. 457. It (h) R. v. Trustees of Northleach and Witney Roads, 5 B. & Ad. 978. Act giving a person sued for anything done under its authority treble costs upon nonsuit, discontinuance or judgment in his favour, was held to be repealed by another Act which required notice of action, and gave costs to a successful defendant (i). In one case an enactment to the effect that no action should be commenced after six months was held to have been repealed by a subsequent Act, providing that none should be commenced after three months (k); but elsewhere it was decided that the provisions of an Act giving justices a month's notice of action, were not inconsistent with those of another Act which gave justices and others twenty-one days' notice (1). The 9 Geo. IV. c. 61, enacted that where an appeal against the decision of a justice of the peace was dismissed, the Court might order the appeilant to pay costs to the justice against whom the appeal was brought, and might commit the appellant for nonpayment. It was held that this enactment was repealed by 11 & 12 Vict. c. 43, which made costs in cases of appeals against justices payable to the clerk of the peace, and the order for payment enforceable by distress and committal for three months in default of distress (m). Another section of the 9 Geo. IV. c. 61, required licences to victuallers to follow a form given in the schedule to the Act, and by that form the houses kept by victuallers were not to be open during the hours (i) Snelgrove v. Smart, 12 M. & W. 135. (k) Burns v. Carter, 5 Bing. 429. of Divine service on Sundays. The 18 & 19 Vict. c. 118, prohibited the sale of beer, wine, or spirits between three and five on Sunday afternoons. It was held that this repealed the provisions in the licence, and that a victualler was not liable to a penalty for selling liquors between half-past two and three on a Sunday afternoon, although that time might fall within the actual hours of Divine service (n). A provision in a private Act that the penalty imposed on a Gas Company for fouling a stream might be sued for by a common informer, was repealed by section 21 of the Gasworks Clauses Act, 1847, 10 & 11 Vict. c. 15, which enacted that such penalties should be sued for by the person injured (o). The 139th section of the Bankruptcy Act, 1849 (12 & 13 Vict. c. 106), providing that the assignees of a bankrupt's estate should be chosen by such of the bankrupt's creditors as had proved debts to the amount of £10 and upwards, was held to be repealed by the 116th section of the Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), which assigned the choice of an assignee to the majority in value of the creditors who had proved their debts (p). A Gas Company's Act provided that the gas supplied should be equal to twelve wax candles, and that the company should not charge more than 48. per 1000 cubic feet. Subsequently the Metro (n) R. v. Whiteley, 3 H. & N. 143. (0) Parry v. Croydon Gas Co., 11 C. B. N. S. 579; 15 C. B. N. S. 568. (p) Ex parte Moss, L. R. 3 Ch. 29. |