Obsolete

Fallen into disuse. A term applied to laws which, by change in conditions or subject matter, or by long neglect, have lost their efficacy without being repealed. A positive statute, unrepealed, can never be repealed by nonuser alone. 4 Yeates (Pa.) 181, 215; 1 P. A. Brovrae (Pa. App.) 28; 13 Serg. & R. (Pa.) 447. The disuse of a law is at most only presumptive evidence that society has consented to such a repeal. However this presumption may operate on an unwritten law, it cannot, in general, act upon one which remains as a legislative act on the statute book, because no presumption can set aside a certainty. A written law may indeed become obsolete when the object to which it was intended to apply, or the occasion for which it was enacted, no longer exists. 1 P. A. Browne (Pa. App.) 28. "It must be a very strong case," says Chief Justice Tilghman, "to justify the court in deciding that an act standing on the statute book, unrepealed, is obsolete and invalid. I will not say that such case may not exist where there has been a nonuser for a great number of years, where, from a change of times and manners, an ancient sleeping statute would do great mischief if suddenly brought into action, where a long practice inconsistent with it has prevailed, and especially where, from other and later statutes, it might be inferred that in the apprehension of the legislature the old one was not in force." 13 Serg. & R. (Pa.) 452; Rutherford, Inst, bk. 2, c. 6, § 19; Merlin, Repert. "Desuetude."

A term applied to laws which have lost their eilicacy without being repealed. A positive statute, unrepoaled, can never be repealed by non-user alone; Rospubliea v. County Com’rs, 4 Yeates (Pa.) 181; W’riglit v. Crane, 13 8. & R. (Pa.) 447. The disuse of a law is at most only presumptive evidence that society has consented to such a repeal; however this presumption may opertlve act on the statute-book; because 'no presumption can set aside a certainty. A written law may indeed become obsolete when the object to which it was intended to apply, or the occasion for which it was enacted, no longer exists; 1 P. A. Bro. App. 28; Williamson v. Bacot, 3 Bay G2. “It must be a very strong case,’’ says Tilgliman, C. J., “to justify the court in deciding that an act standing on the statute-book, unrepealed, is obsolete and invalid. I will not say that such case may not exist, — where there has been a non-user for a great number of years, — where, from a change of times and manners, an ancient sleeping statute would do great mischief if suddenly brought into action, — whole a long practice inconsistent with it has prevailed, and especially where from other and later statutes it might be inferred that in the apprehension of the legislature the old one was not in force.” Wright v. Crane, 13 S. & R. (Pa.) 452; Rutherford, Inst. b. 2, c. G, s. 11); Merlin, Report, Desuetude. In Appeal of Porter, 30 Pa. 49G, it was held that a statute is not repealed by non-user/ but that the usage and customs of an advancing people may displace a statute which has become unfitted for modern use. It may be repealed by long non-user, especially where the current of legislation shows that it was regarded by the legislature as being no longer in force; Pearson v. Distillery, 72 Ta. 348, 84 N. W. 3; contra, Snowden v. Snowden, 1 Bland (Md.) 550. Ari act of Congress enacted in 1874 cannot be regarded as obsolete because recourse has not often been had to it since its passage; Costello v. Palmer, 20 App. I). C. 210. The fact that a penal statute' has been on the statute books for over 40 years, and has not been applied in a particular manner, does not preclude the application and enforcement of the statute in that manner if it may properly be so applied and enforced; State v. Noasc, 4G Or. 433, 80 Pac. 897. “Neither contrary practice nor disuse can repeal the positive enactment of a statute; L. U. 3 P. C. G50, per Ilatherly, L. O.; whatever be the law in Scotland; Me Cl. & Y. 119. In the civil law, according to Julianus, laws were abrogated through disuse; Taylor, Jurispr. 491. 0B ST A PRINCIPIIS. Withstand beginnings. It is «the duty of the court to be watchful for the constitutional rights of the citizen and against any stealthy encroachments thereon. Their motto should be obsta prmcipiis. Boyd v. U. S., 11G U. S. G35, 6 Sup. Ct. 524, 29 L. Ed. 74G.

Grown out of use; disused; antiquated.

Disused; neglected; not observed. The term is applied to statutes which have become inoperative by lapse of time, either because the reason for their enactment has passed away, or their subjectmutter no longer exists, or they are not applicable to changed circumstances, or are tacitly disregarded by all men, yet without being expressly abrogated or repealed.

Worn out: old and not enforced. Obsolescent. Falling into disuse. " It must be a strong case to justify the court in deciding that an unrepealed act is obsolete and invalid. I will not say that such case may not exist: where there has been a non-user for a great number of years; where, from a change of times and manners, an ancient sleeping statute would do great mischief, if suddenly brought into action; where a long practice, inconsistent with it, has prevailed, and, especially, where from other and later statutes it might fairly be inferred that, in the apprehension of the legislature, the old one was not in force." * See Repeal. OBSTA PBrNCIPHS. L. Adhere to first principles. In this sense constitutional rights are to be liberally construed.^

Is sometimes applied to laws, to signify that, although never formally repealed, they have become inoperative. The general impression conveyed by it probably is, that great lapse of time, during which a statute has never been enforced, may deprive it of efficacy; but there is good reason to doubt whether 'from mere lapse of time the courts can assume to discard a statute as no longer binding. The fact that no one has invoked it for however many years scarcely warrants, taken alone, repudiating the statute, when at last it is invoked. There should be some general change in manners and customs; some long and well-settled practice inconsistent with the law; some circumstances co-operating with lapse of time, — to authorize courts to pronounce laws obsolete. A statute making it the duty of the commissioner of pensions to report annually the money paid out in pensions to revolutionary soldiers might well be deemed obsolete when revolutionary soldiers were all dead; a statute directing militia-men to attend for drill, provided with one extra flint to each musket, might well be deemed obsolete when flint-locks went out of use; a statute prescribing that the money in a treasury should be annually weighed would be properly considered obsolete, after the funds came, under authority of a later legal-tender law, to consist of paper money of various denominations. In any such case, a court might well refuse to enforce a penalty prescribed in the statute for failure to obey it, although the statute had never been repealed; on the gi'ound that by change of circiunstances, gradually arising through great lapse of time, the performance of the duty had become impracticable or useless, without occasion ever arising to suggest to the legislature the propriety of a formal repeal. But this is probably the true ground and limit of any American doctrine of holding laws obsolete. The case should be a very strong one to warrant a court in setting aside The word obsolete, written on the margin of his will by a testator, but not signed by him nor by any person for him in the mode prescribed by statute, does rot operate as a revocation of the will. Lewis V. Lewis, 2 Watts %■ S. 455.