Bank of British N. A v. Cahn

Citations

• 79 Cal. 463
• 21 P. 863
• 1889 Cal. LEXIS 753

Syllabus

<p>Banking Corporation—Publication and Record of Sworn Statement— Defense to Action by Bank. —It is a sufficient defense to an action by a banking corporation that it has not complied with the requirement of the act of April 1, 1876, in regard to the publication and record in the recorder’s office of a sworn statement as to its capital, assets, and liabilities. Those requirements were not repealed by the subsequent act creating a board of bank commissioners, not being inconsistent with the provisions of that act, and no substitute being contained therein for the local publication and record required by the act of 1876.</p> <p>Statutes—-Repeal by Implication. — A second act will operate as a repeal of a former act only to the extent of repugnancy between them, and not merely because it may repeat some provisions of the first act and omit others or add new provisions, unless it plainly appears that it was intended as a substitute for the first act. When an act expresses a repeal of former acts only so far as they are inconsistent with its provisions, such provision expresses and limits the extent of the repeal.</p>