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Report No. 60

6.4. Legislative intent.-

The entire problem of determining the extent to which existing legislation is repealed by subsequent statutes ultimately resolves itself into one of legislative intent1. As Mr. Justice Story said,2 it is not sufficient "to establish that subsequent laws cover some or even all of the case provided for (by the prior Act), for, they may be merely affirmative, or cumulative or auxiliary." The intention of the legislature to repeal "must be clear and manifest". Questions concerning this legislative intent to repeal and the extent of the repeal are obviously incapable of being solved by a general rule.

1. Wood v. U.S., 10 L Ed 987 (253).

2. Red Rock v. Henary, 27 L Ed 251 (253).

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