Wilson v. Ohio & Mississippi Railway Co.

Citations

• 64 Ill. 542

Syllabus

<p>1. Statute—repeal by implication. It is a familiar rule, that every statute is, by implication, a repeal of all prior statutes, so far as it is contrary and repugnant thereto, without any repealing clause.</p> <p>2. It is a general rule that, when a statute imposes a new penalty for an offense, it repeals, by implication, so much of the former statute as established a different penalty.</p> <p>3. The 38th section of the act of 1849, “to provide for a genera] system of railroad incorporations,” required a bell of -at least thirty pounds weight, or a steam whistle, to be placed on each locomotive engine, and that the same should be rung or whistled at least eighty rods from the place where the railroad crossed any other road or street, and be kept ringing or wliistling until such other road or street was crossed, “under a penalty of fifty dollars for every neglect,” etc. The act of 1869, entitled “An act to amend the railroad law,” so amended the law in respect of the penalty for this neglect of duty, as to read “ under a penalty of not exceeding one hundred dollars:” Held, that, as the latter act allowed a latitude of discretion in ■respect to the penalty from one cent to §100. it was inconsistent with and repugnant to that of 1849, directing an absolute and fixed penalty of $50, repealed the former by implication.</p> <p>4. Same—effect of repeal upon prosecution under the prior law. As tlie effect of a repealing statute is to obliterate the prior law as completely from the records as if it had never passed, except as to actions or suits which were commenced, prosecuted and concluded while it was an existing law, it follows that the repeal of a statute puts an end to all prosecutions under the repealed statute, and to all proceedings growing out of it, pending and undetermined at the time of the repeal.</p> <p>5. Constitutional law—what is am, ex post facto lam. An ex post facto law is one which renders an act punishable in a manner in wrhich it was not punishable