Repeal

Defined in 5 dictionaries — Cyclopedic (1922), Ballentine's (1916), Black's (1910), Kinney (1893), Abbott (1879)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

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, or which, though reconcilable, are manifestly designed to furnish an exclusive rule. A law may be repealed by implication, by an affirmative as well as by a negative statute, if the substance, is inconsistent with the old statute. 1 Ohio, 10; 2 Bibb (Ky.) 96; Harper (S. C.) 101; 4 Wash. C. C. (U. S.) 691. Repeal is express where the repealing act explicity refers to an existing law, and declares its repeal. Where statutes are repugnant, there is, of course, an implied repeal. An implied repeal also results from an act covering the whole subject matter, and obviously designed as a substitute (84 111. 590; 123 N. Y. 485), or by a revision or codification of the law (78 Wis. 457; 30 Vt. 344). REPELLITUR A SACRAMENTO INFAmis. An Infamous person is repelled or prevented from taking an oath. Co. Litt. 158; Bracton, 185. REPELLITUR EXCEPTIONE CEDENdarum actionum. He is defeated by the plea

Ballentine's Law Dictionary

James A. Ballentine · 1916

The recall or revocation of a statute by a statute. See 69 Cal. 479, 11 Pac. 3.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The abrogation or annulling of a previously existing law by the enactment of a subsequent statute which declares that the former law shall be revoked and abrogated, (which is called "express" repeal,) or which contains provisions so contrary to or irreconcilable with those of the earlier law that only one of the two statutes can stand in force, (called "implied" repeal.) See Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Mernaugh v. Orlando, 41 Fla. 433, 27 South. 34; Hunter v. Memphis, 93 Tenn. 571, 26 S. W. 828.

A Law Dictionary and Glossary

George C. Kinney · 1893

To annul, literally to revoke or recall, a statute by a subsequent one.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

V. To abrogate or revoke an enactment by the direction or effect of another. Repeal, n.: an abrogation or revocation of one enactment by another. Express repeal takes place where the later statute directs that the former shall be repealed. Implied repeal arises when the two statutes are so inconsistent that both cannot reasonably stand; in such case, the later one, being the Kepellitur a sacramento infamis. An infamous person is repelled from an oath. An infamous person is not allowed to be sworn as a witness. A leading maxim in the law of evidence, abrogated in England by Lord Denman's act (6 & 7 Vict. ch. 85). The stringency of the rule has also been much relaxed in the United States.