Re`peal´ Pronunciation: r?-p?l´
|v. t.||1.||To recall; to summon again, as persons. |
|2.||To recall, as a deed, will, law, or statute; to revoke; to rescind or abrogate by authority, as by act of the legislature; as, to repeal a law.|
|3.||To suppress; to repel.|
|n.||1.||Recall, as from exile.|
|2.||Revocation; abrogation; as, the repeal of a statute; the repeal of a law or a usage.|
REPEAL, legislation. The abrogation or destruction of a law by a legislative
2. 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.
3. A law may be repealed by implication, by an affirmative as well as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 Ham. 10: 2 Bibb, 96; Harper, 101; 4 W. C. C. R. 691.
4. It is a general rule that when a penal statute punishes an offence
by a certain penalty, and a new statute is passed imposing a greater or a
lesser penalty, for the same offence, the former statute is repealed by
implication. 5 Pick. 168; 3 Halst. 48; 1 Stew. 506; 3 A. K. Marsh. 70; 21
Pick. 373. See 1 Binn. 601; Bac. Ab. Statute D 7 Mass. 140.
5. By the common law when a statute repeals another, and afterwards the
repealing statute is itself repealed, the first is revived. 2 Blackf. 32. In
some states this rule has been changed, as in Ohio and Louisiana. Civ. Code
of:Louis. art. 23.
6. When a law is repealed, it leaves all the civil rights of the
parties acquired under the law unaffected. 3. L. R. 337; 4 L. R. 191; 2
South. 689; Breese, App. 29; 2 Stew. 160.
7. When a penal statute is repealed or so modified as to exempt a class
from its operation, violations committed before the repeal are also
exempted, unless specifically reserved, or unless there have been some
private right divested by it. 2 Dana, 330; 4 Yeates, 392; 1 Stew. 347; 5
Rand. 657; 1 W. C. C. R. 84; 2 Virg. Cas. 382. Vide Abrogation; 18 Vin. Ab.
, bring to naught
, do away with
, make void
, set aside
, write off