Revised Statutes of 1846
R.S. of 1846
8.4a Effect of repeal.
Sec. 4-a.
The repeal of any statute or part thereof shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly provide, and such statute and part thereof shall be treated as still remaining in force for the purpose of instituting or sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.
History: Add. 1931, Act 25, Imd. Eff. Apr. 21, 1931 ;-- CL 1948, 8.4a
Compiler's Notes:
Section 3 of Act 510 of 1978 provides: “Section 4a of chapter 1 of the Revised Statutes of 1846, being section 8.4a of the Michigan Compiled Laws applies to violations of Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Michigan Compiled Laws, or a local ordinance substantially corresponding thereto, which occurred before the effective date of this amendatory act and which would otherwise be designated as civil infractions upon the effective date of this amendatory act.”
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1968–2023 · leading case:
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
People v. Schultz, 460 N.W.2d 505 (Mich. 1990).
· cites it 56× “The people reason that both the action to enforce criminal liability and the terms of punishment authorized in the statutes prior to amendment remain in effect by operation of the general saving statute, MCL 8.4a; MSA 2.214. Section 8.4a provides that *527 the repeal of any…”
Matras v. Amoco Oil Co., 385 N.W.2d 586 (Mich. 1986).
· cites it 2× “The act now provides in relevant part: "(1) An employer shall not: "(a) Fail or refuse to hire, or recruit, or discharge, or otherwise discriminate against an individual with respect to employment, compensation, or a term, condition, or privilege of employment, because of…”
Davis v. State Employees' Ret. Bd., 725 N.W.2d 56 (Mich. Ct. App. 2006).
“Of course, he had to make an application and prove his case by way of a medical certification, but this is no different than a party in a civil suit filing the complaint and proving his or her case to the trier of fact.”
People v. Jackson, 445 N.W.2d 513 (Mich. Ct. App. 1989).
· cites it 2× “Moreover, MCL 8.4a; MSA 2.214 provides unambiguously: The repeal of any statute or part thereof shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly…”
Hurt v. Michael's Food Ctr., 644 N.W.2d 387 (Mich. Ct. App. 2002).
· cites it 3× “, quoting 2 Cooley, Constitutional Limitations (8th ed), p 745.] Pending causes of action that accrued while a statute was in force are also considered vested rights and thus are not divested by a repeal of the statute.”
Holiday v. United States, 683 A.2d 61 (D.C. 1996).
“2d at 509 -510 (quoting Mich.Comp.Laws § 8.4a) . Hawaii’s general savings statute provided: No suit or prosecution pending at the time of the repeal of any law, for any offense committed or for the recovery of any penalty or forfeiture incurred under the law so repealed, shall…”
Frericks v. Highland Twp., 579 N.W.2d 441 (Mich. Ct. App. 1998).
“102; MSA 13A102, but the language is similar to MCL 8.4a; MSA 2.214. MCL 324.102; MSA 13A.”
Slayton v. Michigan Host, Inc, 376 N.W.2d 664 (Mich. Ct. App. 1985).
“MCL 8.4a; MSA 2.214 provides: "Sec. 4-a. The repeal of any statute or part thereof shall not have the effect to release or relinquish any penalty, forfeiture, or liability incurred under such statute or any part thereof, unless the repealing act shall so expressly provide, and…”
People v. Gravedoni, 431 N.W.2d 221 (Mich. Ct. App. 1988).
“MCL 8.4a; MSA 2.214 unambiguously provides that unless there is a specific provision voiding a former law, any actions pending on the effective date of a new law are saved.”
People v. McDonald, 163 N.W.2d 796 (Mich. Ct. App. 1968).
“” The legislature responded at its next session by enacting PA 1931, No 25 (CL 1948, § 8.4a, Stat Ann 1961 Rev § 2.214), with immediate effect, providing that the repeal of any statute shall not release any penalty incurred thereunder, “unless the repealing act shall so…”
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