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"I repeal the previous Act also in another way'. ,namely, by enacting a provision clearly inconsistent with the previous Act."

The quotation from the judgment of Maugham, L. J. is :

"It is quite plain that the Legislature is unable, according to our constitution, to bind itself as to the form of subsequent legislation; and it is impossible for Parliament to say that in no subsequent Act of Parliament dealing with this same subject-matter shall there be an implied repeal."

The latter observations make it clear that the doctrine of implied repeal was invoked while considering two statutes- one earlier and the other later -the subject-matter of both of which was the same.

It is undoubtedly true that the legislature can exercise the power of repeal by implication. But it is an equally well- settled principle of law that there is a presumption against an implied repeal. Upon the assumption that the legislature enacts laws with a complete knowledge of all existing. laws pertaining to the same subject and the failure to add a repealing clause indicates that the intent was not to repeal existing legislation. Of course, this presumption will be rebutted if the provisions of the new act are so inconsistent with the old ones that the two cannot stand together. As has been observed by Crawford on Statutory Construction, p. 631, para 311 :

"There must be what is often called "such a positive repugnancy between the two provisions of the old and the new statutes that they cannot be reconciled and made to stand together'. In other words they must be absolutely repugnant or irreconcilable. Otherwise, there can be no implied repeal........................ for the intent of the legislature to repeal the old enactment is utterly lacking."

The reason for the rule, that an implied repeal will (1) (1908) 7 C. L. R. 16.

The enactment of a general law broad enough in its scope and application to cover the field of operation of a special or local statute will generally not repeal a statute which limits its operation to a particular phase of the subject covered by the general law, or to a particular locality within the jurisdictional scope of the general statute. An implied repeal of prior statutes will be restricted to statutes of the same general nature since the legislature is presumed to have known of the existence of prior special or particular legislation, and to have contemplated only a general treatment of the subject-matter by the general enactment. Therefore, where the later general statute does not propose an irreconcilable conflict, the prior special statute will be construed as remaining in effect as a qualification of or exception to the general law."