implied repeal

The superseding of a rule of the common law, without an express directive to that effect, as by adoption of a statute dealing comprehensively with the subject to which the common law rule relates. Banko v Weber, 9 App Div 2d 720, 192 NYS2d 260, affd 7 NY2d 758, 193 NYS2d 670, 162 NE2d 750. The repeal of a statute by a later statute, in the absence of an express repeal by the later statute, where there is such a positive repugnancy between the provisions of the old and the new statutes that they cannot stand together or be harmonized. Pacific Milling Elevator Co. v Portland, 65 Or 349, 133 P 72. The repeal of a statute by the adoption of an amendment to the constitution which is inconsistent with and repugnant to the provisions of the statute. 16 Am J2d Const L § 49. The repeal of a provision of a constitution by the adoption of an amendment to the constitution which is inconsistent with such provision. 16 Am J2d Const L § 27. A portion of a statute may also be repealed by implication, as where it is in conflict with a provision of a later statute. State v Atlantic Coast Line R. Co. 56 Fla 617, 47 So 969.