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2 Walk. 115

O'Hara v. Johnson

Supreme Court of Pennsylvania

Decided October 6, 1884

Supreme Court of Pennsylvania · decided 1884-10-06

No. 431 January Term, 1884. On December 18, 1883, Patrick O’Hara filed a mechanics’ lien for $17.00 against John Johnson, S. C. Rhodes and William Jones, owners, and O. B. Jordan, contractor. On Feby. 4thr 1884, the Court struck off the lien in the following opinion per Brown, P. J. The Act of Assembly of April 8,1868, P. Laws 752 giving a. lien to mechanics, laborers, etc. on leasehold estates in the County of Venango, was extended to Warren County in 1869, P. Laws 410.

Relies on Davis v. Clark

Decided 1884-10-06

¶1The Supíneme Court affirmed the decision of the Common Pleas, on October 6th, 1884, in the following opinion, per

Trunkey, J.

¶2The Act of June 28th, 1879, P. L. 182, contains a proviso that it shall not apply to counties having over two hundred thousand inhabitants, but its constitutionality has not been questioned by defendants (see Davis et al. vs. Clark, 106 Pa. 377). They rest *117■upon the point that this Act, if valid, does not repeal any local Act for Warren County. Section 7 of the Act repeals all general laws or parts of laws inconsistent therewith. According to a familiar rule the naming of general laws only in the repealing section excludes all other laws. And the express repeal of gen■eral laws manifests an intent not to repeal local laws.

¶3It is settled that a general statute, without negative words, does not repeal a previous statute, which is particular, even ■though the provisions of one be different from the other. There is no repeal where the intent is not to supply the local statute. Tt is not presumed that a general system for the State is intended to repeal a special Act adapted to the circumstances of a local municipal division. Unless there is strong repugnancy or irreconcilable inconsistency, the local Act continues in force, although many of its provisions are embodied in a later general Act: Brown v. Commissioners, 21 Pa. St. 37; Bounty Accounts, 70 Id. 92; Kilgore v. Commonwealth, 94. Id. 495; Seifried v. Commonwealth, 101 Id. 200.

¶4Judgment affirmed.

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