Page:Federal Reporter, 1st Series, Volume 9.djvu/275

 260 FEDERAL REPORTER. �on one and the same day, congress altered section 39 by striking ont "suffer," and altered section 35 by ineerting "suffer." It ia provided by section 5601 of the Revised Statutes that the enactment of the Eevision ig not to affect any act of congress passed since December 1, 1873, and that all acts passed since that date are to have full effect as if passed after the enactment of said Eevision, and that, so far as such acts vary from or confiict with any provision contained in said Eevision, they are to have efiect as subsequent statutes, and as re- pealing any portion of the Eevision inconsistent therewith. �In view of this last enactment, and of the construction thus given by the supreme court to section 35 and section 39, and in consonance with the general rulesfor the construction of statutes, and the special rules applicable to the construction of said Eevision, the provisions of the amendatory bankruptoy act of June 22, 1874, so far as they, in amendment of section 39 of the act of 1867, vary from or confiict with any provision contained in section 35 of the act of 1867, and in section 5128 of the Revised Statutes, enacted June 22, 1874, must be held to have effect as provisions enacted subsequently to the Revised Statutes, and as repealing any provision of section 35 of the act of 1867 and of section 5128 of the Revised Statutes that is inconsistent with such provisions of such amendatory bankruptcy act. In this view, the word "suffer," being distinctly and affirmatively eliminated by section 12 of said amendatory bankruptcy act from section 39 of the act of 1874, and from section 5021 of the Revised Statutes, the word "suffers, " as distinguished from "procures," as giving a ground of action to the assignee, must be held to be eliminated also from sec- tion 6128 of the Revised Statutes, it not having been in section 35 of the act of 1867. This is neoessary because of the common purpose and character of the two provisions, as defined in Wilson v. City Bank; and because, otherwise, the enactment of section 5128 would be allowed, contrary to section 5601, to affect the provisions of section 12 of the amendatory bankruptcy act of June 22, 1874; and because, otherwise, that act, if passed before the Revised Statutes, would not have as full effect as if passed a/ter; and because, otherwise, as the provis- ions of said section 12 thus vary from, and are in confiict with, such provision in section 5128, they could not have effect as a subsequent statute, and as repealing said part of section 5128, which is incon- sistent with said provisions of said section 12. If the amendatory bankruptcy act of June 22, 1874, was passed after the Revised Stat- utes, the Word "suffers" must, necessarily, be stricken out from section 6128, because it is thereby stricken out from section 39 of the act of ��� �