Kepley v. People

Citations

• 123 Ill. 367
• 13 N.E. 512
• 1888 Ill. LEXIS 1025

Syllabus

<p>1. Eepbal of statutes—by implication. If two inconsistent acts be passed at different times, the last is to be obeyed, and if obedience can not be observed without derogating from the first, it is the first which must give way.</p> <p>2. Same—repeal by substitution of new section. Where an amendatory act declares that a certain section of the amended act “shall be so amended that it shall read as follows,” and then proceeds to make a distinct provision on the subject, that will operate to repeal the section of the amended act named, substituting therefor the amendatory section.</p> <p>3. Teems of oibouit oouets—time of changing them—constitutional limitations. Section 14, article 6, of the constitution of 1870, prohibits the legislature from changing the times of holding the circuit courts at any session of the legislature, except the one next preceding the general election for judges of those courts. As the first election of circuit judges was, in the same section, fixed for the first Monday in June, 1873, it follows that the legislature which sat in 1881 had no power to change the terms of the courts as fixed in 1879.</p> <p>4. The constitutional prohibition against changing the times fixed by the act of 1879 for holding the circuit courts in each county except Cook county, includes and involves a prohibition against repealing and then immediately re-enacting so much of that act as fixed the terms.</p> <p>5. Same—providing additional terms, at any time. The constitution expressly permits the General Assembly, at any session, to provide for additional terms of the circuit court in any county, and it may designate the character of business to be done at certain terms.</p> <p>6. Same—terms in Effingham county, as fixed by the acts of May and •June, 1885. There is a clear repugnance between the act of May 29, 1885, which fixes the terms of the circuit court in Effingham county on the fourth Monday of April and the third Monday of October in each year, and the act o