Page:Federal Reporter, 1st Series, Volume 5.djvu/575

 LONG V. CITY OP NEW LONDON. 5G3 �general provisions of the act of 1867 as to operate as a repeal of those provisions so far as otherwise they might be applica- ble to those mtinicipalities or either of them. And attention is called to a section vrhich appears in the various acts incor- porating the village and city, which provides that "no general law of this state, contravening the provisions of this act, shall be considered as repealing, amending, or modifying the same, unless such purpose be expressly set forth in such law." But this clearly bas reference to a general law that might be passed in the future, and not to one previously passed and then in force. �Again, our attention bas been directed to section 2 of chap- ter 7 of the amended charter of the village of New London, (chapter 485, Pr. and Local Laws Wis. 1870,) which forbids the village to borrow money, and provides that it shall not be Hable to pay money borrowed, and shall not incur any debt or iiability in any year greater than the amount of tax allowed by the act to be raised in the year in which such debt or Iia- bility should be incurred. This, it is true, oonstitutesa lim- itation upon the right of the village to incur indebtedness, but we do not think the debt or Iiability here spoken of was in- tended to embrace-tbe case of bonds that might thereafter be issued in exchange for stock and in aid of a railway under the act of 1867. Certainly the issuance of such bonds would not necessarily be a borrowing of money, and even the power to borrow money, as appears by the terms of this section 2, is only restricted where the right to borrow is not specially authorized by law. To preclude the application of the enabling act of 1867 to the village of New London, by any provisions in the charter of the village, the legislative inteut should be clear. Unless manifested in such manner as to make the charter provisions clearly operate as a repeal of the act of 1867, the latter act must stand as a law under which the vil- lage might act. We are not prepared to hold that such repeal was effected by the charter of 1870. The final repealing clause in that act, (section 15 of chapter 11 of charter,) which is that "ail acts or parts of acts oonflicting with this act are hereby repealed, so far as they conflict with the provisions, pf ����