(DOWNLOAD) "Brooklyn & Richmond Ferry Co. v. United States." by Second Circuit Circuit Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Brooklyn & Richmond Ferry Co. v. United States.
- Author : Second Circuit Circuit Court Of Appeals
- Release Date : January 30, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
1. Since appellees claim for payment under a mistake of law is based on the theory that, under § 237 of the Military Law as it stood prior to March 29, 1944, it was under no obligation to pay tolls for army vehicles, it is first necessary to determine whether that section applied to appellants ferry. Appellant claims that it is not governed by § 237, but only by § 33-a of the Public Service Law. We believe, however, that appellant was in fact governed by both statutes, and that the latter statute did not change the applicability of the former to appellants ferry. Repeals by implication are not favored; a legislative intention to repeal by implication will be presumed only where there is an unavoidable inconsistency between the statutes. No such repugnancy existed here. One statute provided that members of the United States armed forces in uniform should themselves ride free on ferries during their enlistment. The other, with reference to the United States forces, provided that, during wartime only, members of such forces and their vehicles and military equipment should pass free over tollferries and toll-bridges. The two sections overlap to some extent, but, as that is not unusual in this complicated statutory scheme, we see no reason why both sections cannot be enforced. Nor do we see any reason to assume that the legislature did not intend both sections to be enforced as written, since the sections in their original form were enacted within three days of each other.
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