Petition of McHenry

Citations

• 6 Pa. Super. 464
• 1898 Pa. Super. LEXIS 181

Syllabus

<p>Statutes — Construction—Repeal by nonuser.</p> <p>An act of the legislature cannot be repealed by nonuser. A statute can be repealed only by express provision of a subsequent law or by necessary implication. To repeal by implication there must be such posi-. tive repugnancy between the new law and the old that they cannot stand together or be consistently reconciled. Only so far as the later statute is repugnant to the prior, does it operate as a i'epeal.</p> <p>Statutes — Prison keepers — Acts o/1790 and 1860.</p> <p>There is no such inconsistency and repugnancy between the 28th section of the Act of April 5, 1790, 2 Sm. L. 589, and the Act of March 81, 1860, P. L. 427, as requires the courts to hold that keepers of jails or prisons may not be appointed in counties, where, in the opinion of the court, suitable prisons have been erected for imprisonment of convicts at labor.</p> <p>Appeals — Practice, Superior Court.</p> <p>An order of court was made confirming the appointment of a keeper of a county prison, and no appeal being taken to the order within the time allowed by law, the appellate court cannot go behind the order and, upon an inquiry into the facts, treat it as a nullity. So far as the appellate court has authority to determine, the order was valid until it was rescinded, and until that time the keeper was entitled to receive compensation; he is entitled to have the appeal determined by the record proper.</p>