Account of Hendrix

Citations

• 146 Pa. 285
• 23 A. 435
• 1892 Pa. LEXIS 1220

Syllabus

<p>1. The leaning of the courts is strongly against repealing the positive provisions of a former statute by construction. To repeal a prior statute by implication, there should be such a manifest and total repugnancy • in the provisions of the new statute, as to lead to the conclusion that the latter abrogated and was designed to abrogate the former.</p> <p>2. The provision of § 8, act of April 22, 1856, P. L. 528, giving the Court of Quarter Sessions jurisdiction to consider and examine, by an auditor if necessary, the accounts of the superintendent of the National Road, are not repealed by the provision of §1, act of April 4, 1877, P. L. 58, requiring the superintendent to submit his accounts to the county auditors.</p> <p>8. Wherefore, when the county auditors have certified that such an account was examined by them and found to be correct as stated, such finding, though unappealed from, is not conclusive against exceptions to the account and their determination by the court, when it is afterwards presented for confirmation in the Court of Quarter Sessions.</p>