Card v. McCaleb

Citations

• 69 Ill. 314

Syllabus

<p>1. Illinois and Michigan Canal—power of commissioners to sell or lease right to take ice from. Neither the act of 1871 nor that of April 7, 1872, relating to the Illinois and Michigan Canal, gives any specific authority, or contains any grant of power, from which any authority in the commissioners can be inferred to sell or lease the right to take the ice that may form in any portion of the canal.</p> <p>2. Same—persons upon its line have a free right to take ice formed on it. There is nothing in either of the acts of 1871 or 1872 relating to this canal which is inconsistent with, or which, by implication, repeals the privilege given in the act of 1869 to all persons resident upon the line of the canal to cut and remove ice from the same, its feeders, side cuts and basins, free of charge.</p> <p>3. Same—meaning of the words “resident upon the line of the” canal. Under the act of 1869, providing that “all parties resident upon the line of the Illinois and Michigan Canal shall be allowed to cut and remove ice from the said canal,” etc., any person living so near the canal as to desire to avail of the privilege given, will be deemed to live upon the line, within the meaning of the law.</p> <p>4. Statute—repeal by implication. A repeal by implication only takes place where the provisions of two enactments are repugnant; but whenever a reasonable construction can be given by which both acts may stand, it will be done.</p>