Commonwealth v. Kelliher
Commonwealth v. Kelliher
Opinion of the Court
It is clear that this complaint cannot be maintained. The only statute requiring owners of dogs to cause them to be registered, numbered, described and licensed, and to wear collars marked with the owner’s name, which was in force at the time when the defendant is charged with having failed to comply with the requirements of law in relation to the dog owned by him, was St. 1865, c. 197. The previous statute on the same subject, St. 1864, c. 299, §§ 1, 5, was repealed by the enactment of the statute first cited. Whenever a statute is passed which embraces all the provisions of previous statutes on the same subject, the new statute operates as a repeal of all antecedent enactments.
This well settled rule of interpretation is founded on the reasonable inference that the legislature cannot be supposed to have intended that there should be two distinct enactments embracing the same subject matter in force at the same time, and that the new statute, being the most recent expression of the legislative will, must be deemed to be a substitute for previous enactments, and the only one which is to be regarded as having the force of law. Bartlet v. King, 12 Mass. 536. Commonwealth v. Cooley, 10 Pick. 39. On comparing the St of 1865, e. 197, § 1, with that enacted the previous year, St. 1864, c. 299, § 1, it will be found that the former is identical with the latter, with the single exception that in one the requirement is that the dog shall be registered, numbered, described and licensed in the town or city where the owner resides, and in the other, St 1865, c. 197, it is to be done in the town or city where the dog is kept. The real purpose of the latter act probably was to change the place where the registry was to be made and the license granted, in cases where a dog was kept in a town or city different from that in which his owner resided. But in endeavoring to effect this purpose the legislature, instead of amending the statute of
Reference
- Full Case Name
- Commonwealth v. Cornelius Kelliher
- Cited By
- 1 case
- Status
- Published