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MISC BUSHWAH

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PREMIUM LEGAL RESOURCES LEGAL FORMS ASK A LAWYER

REPEAL

The abrogation or destruction of a law by a legislative act.

A repeal is express; as when it is literally declared by a subsequent law or implied, when the new law contains provisions contrary to or irreconcilable with those of the former law.

A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance is inconsistent with the old statute.

It is a general rule that when a penal statute punishes an offence by a certain penalty, and a new statute is passed imposing a greater or a lesser penalty, for the same offence, the former statute is repealed by implication.

By the common law when a statute repeals another, and afterwards the repealing statute is itself repealed, the first is revived. In some states this rule has been changed, as in Ohio and Louisiana.When a law is repealed, it leaves all the civil rights of the parties acquired under the law unaffected.

When a penal statute is repealed or so modified as to exempt a class from its operation, violations committed before the repeal are also exempted, unless specifically reserved, or unless there have been some private right divested by it.

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