31 Ind. App. 131 | Ind. Ct. App. | 1903
Suit by appellant upon' two township warrants issued for money borrowed. The act of August 24, 1875 (Acts 1875, p. 162, §§8081, 8082 Burns 1901), provides, that whenever it becomes necessary for a township trustee to incur a 'debt on behalf of his township in excess of the particular fund on hand and to be derived from the tax assessed for the year in which the debt is to be incurred, he shall procure an order from the board of county commissioners authorizing him to contract such indebtedness ; such order to be made by the board upon petition and notice by the trustee stating the object of the debt and the approximate amount required. An act approved March 8, 1897 (Acts 1897, p. 222), entitled “An act prescribing certain duties of township trustees, providing for the appointment and compensation of an auditing board, prescribing its duties and declaring an emergency,” made
Whether the trial court erred, as claimed by appellant, depends upon whether the act of 1875 was repealed by the act of 1897. If it was repealed, the judgment must be reversed; otherwise affirmed.. In contracting the loan, no attempt was made to comply with the act of 1875. The act of 18.97 is not an amendatory act. It does not purport to amend or to continue in force any former act, but is an
The repeal of statutes by implication is not favored, and it is only when there is a full and'plain conflict that the earlier statute will be held to be repealed. Where there are two statutes on the same subject, both will be upheld, and construed in pari materia, if it can be reasonably done. City of Madison v. Smith, 83 Ind. 502; Wright v. Board, etc., 82 Ind. 335; Pomeroy v. Beach, 149 Ind. 511; Black, Inter. of Laws, 112; Sosat v. State, 2 Ind. App. 586.
Judgment affirmed.