West Branch Lumberman's Exchange v. Lutz

Citations

• 2 Pa. Super. 91
• 1896 Pa. Super. LEXIS 17

Syllabus

<p>Statutes — Construction—Repeal—Floating logs.</p> <p>The act of April 10, 1862, P. L. 888, for the more effectual protection, of the owners of floating logs on the Susquehanna river, is not repealed by the act of December 11, 1866, P. L. (1867), 1865, which has reference to logs wittingly or carelessly set afloat and not to those carried away by a flood for which contingency the act of 1862 was intended to provide.</p> <p>Statutes -Rules of construction — Different acts as forming one statute.</p> <p>It is an elementary rule that all parts of a statute are to be considered in its construction even when the words are the plainest; for the true meaning of any passage is that which best harmonizes with the subject, and with any other passage in the statute; hence, it follows that the examination must extend to other acts on the same subject together with legislative intent; for all are, for the purpose of construction, considered as forming one homogeneous and consistent body of law.</p> <p>Floating or drift logs — Body of statute law.</p> <p>The acts of 1812, 1853, 1851, 1862 and 1866 form a system, and the act of 1866 in the use of the words “floating intentionally or otherwise,” unless rafted and under pilotage and control of men, refers to a voluntary act or such reckless conduct as would be equivalent thereto; it does not in direct terms or by fair implication have reference to flood logs which were at the time of capture outside of the restraint of human agency or domination.</p> <p>Replevin — Captured flood logs — Terms of redemption.</p> <p>Certain logs carried away by a flood having been captured, advertised and identified, the owners tendered the captors redemption charges, etc., due under act of 1862, i. e. 50e per one thousand feet. The captors refused the tender demanding 50c per log as provided by act of 1866. The owners replevied the logs: Held, that the trial judge erred in holding that the redemption charges were controlled by the act of 1866 and th