Obsolete

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OBSOLETE. This term is applied to those laws which have lost their efficacy, without being repealed,
     2. A positive statute, unrepealed, can never be repealed by non-user alone. 4 Yeates, Rep. 181; Id. 215; 1 Browne's Rep. Appx. 28; 13 Serg. & Rawle, 447. The disuse of a law is at most only presumptive evidence that society has consented to such a repeal; however this presumption may operate on an unwritten law, it cannot in general act upon one which remains as a legislative act on the statute book, because no presumption can set aside a certainty. A written law may indeed become obsolete when the object to which it was intended to apply, or the occasion for which it was enacted, no longer exists. 1 P. A. Browne's R. App. 28. "It must be a very strong case," says Chief Justice Tilghman, "to justify the court in deciding, that an act standing on the statute book, unrepealed, is obsolete and invalid. I will not say that such case may not exist -- where there has been a non-user for a great number of years; where, from a change of times and manners, an ancient sleeping statute would do great mischief, if suddenly brought into action; where a long, practice inconsistent with it has prevailed, and, specially, where from other and latter statutes it might be inferred that in the apprehension of the legislature, the old one was not in force." 13 Serg. & Rawle, 452; Rutherf. Inst. B. 2, c. 6, s. 19; Merl. Repert. mot Desuetude.

References in periodicals archive ?
Staying ahead of the technology curve by taking a hands-on approach to managing obsolescence is among the most effective ways to prevent your machines from becoming dinosaurs.
High-technology equipment (e.g., computers and related peripherals, medical equipment, etc.) has been plagued by unusually rapid obsolescence, resulting in opportunities to obtain reductions in property value in accordance with FMV standards.
Though frequently overlooked, lost sales and obsolescence costs are often so high that managing them effectively could yield huge benefits.
The life cycle of a scientific specialty is characterized by growth and decline but not necessarily by obsolescence. Prior to decline, it may fragment into new subspecialties or develop new relatedness with other older specialties--relatedness that may be unintended and unnoticed.
In the book, chapter 2, "Urban Obsolescence," specifically discusses the idea that obsolescence can be, and has been, applied to entire neighborhoods.
There are arguments for and against planned obsolescence. The 'for' camp argues that rapid change on the market leads to faster innovation, new technology and more competitiveness, which benefits everyone, including end buyers.
He proposed a deliberately planned obsolescence for all manufactured goods, mandated by law.
Kansas Star's appraiser performed a combined functional and external obsolescence analysis and found 52% obsolescence due to super-adequacy.
Clearly, production is the causal factor for deterioration, but production is not the causal factor for obsolescence. Obsolescence occurs because business is competitive and dynamic.
ELECTRONIC GADGETSThis white-collar crime is considered by economics historians as the birth of planned obsolescence of electronic gadgets.The Centennial Light, a bulb that has been lighting continuously for 115 years in Livermore, California, is the best evidence for capitalisms sin of planned obsolescence.
tech giant Apple over alleged deception and planned obsolescence of its products following a complaint by a consumer organisation, a judicial source said on Monday.
The first part of the book provides an introduction to waste and design research in the context of architecture, looking at causes of obsolescence and methods of research in the field.