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 This term is applied to those laws which have lost their efficacy, without being repealed,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 A positive statute, unrepealed, can never be repealed by non-user alone. 4 Yeates, Rep. 181; Id. 215; 1 Browne's Rep.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says Chief Justice Tilghman, "to justify the court in deciding, that an act standing on the statute book, unrepealed, is obsolete and invalid.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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
omitted], (obsoleteness) transmitted in manuscript L to [phrase
Gessen in his memoirs highlighted how the sworn profession's reputation was damaged by the obsoleteness and unfairness of Russia's written law: "Judges applied the law, one might say, passively, according to their duties, but this did not lead to an indictment against them.
Hidaka notes, as do others in this selection, the significance of the Koseki Family Register as a means for preservation of certain values and approaches, even in cases of their inherent obsoleteness.
Adeni's say that the city's cosmopolitan reputation is quickly approaching obsoleteness. With its poor security situation following a popular uprising that forced former President Ali Abdulla Saleh to step down, the entire country has witnessed increased violence.
The inseparability of media and the social world benefits from a zombie perspective that respects the obsoleteness of the alive-dead (or man-machine) binary.
Both parties provide sociological insight regarding the obsoleteness (empirically if not rhetorically) of the linear model and also in their discussion of an alternative model for guiding national decisionmaking for research policy in the areas of energy, health, basic science, defense, and more broadly U.S.