Wilkes-Barre v. Stewart

Citations

• 16 Pa. Super. 347
• 1901 Pa. Super. LEXIS 74

Syllabus

<p>Statutes — Repeal—Necessary implication.</p> <p>A statute can be repealed only by express provision of a subsequent law or by necessary implication.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 a positive repugnancy between the new law and the old that they cannot stand together or be consistently reconciled.</p> <p>Statutes — Repeal—Summary Convictions — Acts of May 4, 1871, P. L. 539, and April 17, 1876, P. L. 29.</p> <p>The Act of May 4, 1871, P. L. 539, sec. 14, relating to summary convictions in the city of Wilkes-Barre was repealed by the general act of April 17, 1876, P. L. 29, covering all cases of summary conviction and passed to enforce the provisions of article 5, section 14 of the constitution. An appeal from a summary conviction in the city of Wilkes-Barre must accordingly be taken in accordance with the provisions of the later act, which requires such an appeal to be especially allowed by the court of common pleas. Lapse of time on part of the plaintiff in moving to strike off such an appeal which had not been specially allowed, can give the appeal no validity.</p>