FOST FACTO.
7. A statute is not to be deemed repealed merely by the enactment of another statute on the same subject. There must be a posi tive repugnancy between the provisions of the new law and the old, tework a repeal by implication ; and even then the old law is repealed only to the extent of such repug nancy. 16 Pet. 342. This rule is supported by a vast variety. of cases. There is,'how ever, a qualification to be observed in the case of a revised law. Where the new statute is in effect a revision of the old, it may be treated as superseding the former, though not expressly so declared. 7 Mass. 140 ; 12 id. 537, 545 ; 1 Pick. Mass. 43, 45, 154; 9 id. 97 ; 10 id. 39 ; 3 Me. 22 ; 31 id. 34 ; 42 id. 53 ; 16 Barb. N. Y. 15 ; 5 Eng. L. & Eq. 588; 37 N. H. 295 ; 30 Yt. 344; 8 Tex. 62 ; 14 Ill. 334 ; 6 B. Monr. Ky. 146. But compare 9 Ind, 337 ; 10 id. 566. A mere change of phraseology in the revision does not, however, necessarily imply a change in the law. 21 Wend. N. Y. 316 ; 2 Hill, N. Y. 380 ; 4 Sandf. N. Y. 374 ; 7 Barb. N. Y. 191; 33 N. H. 246; 6 Tex. 34.
Where a new statute expressly repeals the former statute, and the new. and the repeal of the old are to take effect at the same time, a provision in the old statute which is em bodied in the new is deemed to have conti nued in force without suspension. 3 Wisc.
667 ; 15 Ill. 595. But it has been held that ti here the new law does not go into effect until a time subsequent to that at which the repeal takes effect, such a provision is to be deemed repealed meantime. 12 La. Ann. 593. But see 1 Pick. Mass. 33.
S. When one statute is repealed by another, the unqualified repeal of the repealing statute revives the original. 2 Meth. Mass. 118; 21 Pick. Mass. 492; 1 Gray, Mass. 163; 7 Watts & S. Penn. 263 ; 1 Ga. 32. This is the common law rule ; but the contrary is provided by stat ute in sonie of the United States.
It is not to be presumed in the courts of any state that statutes which have been enact ed in that state have also been enacted in other states. The courts assume that the common law still prevails, unless it is shown to have been modified. 22 Barb. N. Y. 118; 23 id. 498; 2 Du. N. Y. 419. See FOREIGN LAWS.
Some laws, such as charters, or other statutPa granting franchises, if' accepted or acted upon by the persons concerned, acquire some of the qualities of a, contract between them aiid the state. 4 Wheat. 518; 6 Cranch, 87 ; 7 id. 164; 9 id. 43, 292 : 10 How. 190, 218, 224, 511.