Banks

Banks v. Yolo County

Good Law
104 Cal. 258·1894 Cal. LEXIS 894·37 P. 900
Supreme Court of CaliforniaSeptember 29, 1894No. 18354California456 words

Opinion

lead Opinion

We do not think that section 1770 of the Political Code as amended by an act approved March 15,1889, which allows five dollars per day to each member of the board of education, including the secretary, for certain services, was repealed by sections 180 and 211 of an act approved the following day (March 16th), amending certain sections of the County Government Act. (Stats. 1889, pp. 191,192, 270, 300.) There is no clause in the latter act expressly repealing any part of the former act; indeed, it has no repealing clause at all. If, therefore, it repeals the former act it must do so by implication. But “ repeals by implication are not favored; and the repugnancy between two statutes should be very clear to warrant a court holding that the later in time repeals the. other, when it does not, in terms, purport to do so. This rule has peculiar force in the case of laws of special and local application, which are never deemed repealed by general legislation except upon the most unequivocal manifestation of intent to that effect.” (Cooley’s Constitutional Limitations, 6th ed., 182.) In the case at bar the two acts, passed- so near each other in point of time, must be so construed if…

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