Abrogation

The destruction of or annulling a former law, by an act of the legislative power, or by usage. A law may be abrogated, or only derogated from: It Is abrogated when it is totally annulled; it is derogated from when only a part is abrogated; derogatur legi, cum pars detrahiturj abrogatur legi, cum prorsus tollitur.

Dig. 50. 17.

L 1 < • rogatur dum fcrtur (when it is passed); abrogatur dutn tollitur (when it is rep i dum quoddam <jus caput r (when any part of it is abolished); subrogatur dum aliquid ei a<%- /!< -itur (when anything la added to it); abrogatur '. quotiea aliquid in ea mutatur (as o anything in it Is changed). Dupin, Proleg. Jur. art. iv. Express abrogation is that literally pronounced by the new law either in general terms, as when a final clause repeals all laws contrary to the provisions of the new one, or in particular term when it abrogates certain preceding laws which are named. Implied abrogation tales place when the new law contains provisions which are positively contrary to former laws, without ex-, abrogating such laws; Cor it is a maxim, poateriora derogant prioribvt; De Annas- Case, 10 Mart O. S. (La.) L72; Bernard v. Vignaud, 10 Mart. O. S. (La I and also when the order of things for which the law has been made no longer exists, and legis omnino cessante, cessat lex; Toullior, Dr. Civ. Fr. tit. prel. § 11, n. 151; Merlin, Repert Abrogation. As to the repeal of statutes by nonuser, see Obsolete.