PRESCRIPTION. PROPERTY. See Adverse Possession; Limitation of Ac- See Improvements. tions. (A) Powers of Agent. 99 (Ark.) Phrase "apparent authority in an agent" defined.-Ozark Mut. Life Ass'n v. Dillard, 273 S. W. 378. 99 (Tex.Civ.App.) Principal's liability for agent's acts, within scope of apparent authority, based on equitable estoppel.-Hobby v. King Trailer Co., 273 S. W. 650. PUBLIC IMPROVEMENTS. See Municipal Corporations, ~266-567. PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Railroads; Street Railroads. QUIETING TITLE. I. RIGHT OF ACTION AND DEFENSES. 10(2) (Ky.) That holder under title bond executed deed by attorney in fact, created before his title was perfected, held not to show defect. Stephens v. Perkins, 273 S. W. 545. 19 (Mo.) Statute providing for bringing of suits to quiet title held not violative of Constitution.-McFadin v. Simms, 273 S. W. 1050. II. PROCEEDINGS AND RELIEF. 31 (Mo.) Word "plaintiff" in statute, includes all who by record prosecute action.-McFadin v. Simms, 273 S. W. 1050. cient under statute authorizing publication in Verification of petition by one plaintiff suffisuit to quiet title.-Id. 100(4) (Tex.Civ.App.) Special sales agent cannot pledge goods placed in his hands for sale and bind principal, in absence of statutory au-44 (4) (Ky.) Evidence held to show legal thority-Climber Motor Corporation v. Fore, title in plaintiff.-Stephens v. Perkins, 273 S. 273 S. W. 284. W. 545. 103(3) (Tex.Civ.App.) Manager of partnership, formed solely to deal in certain auto 52 (Ky.) Judgment entered for party entrucks by wholesale, not authorized to purtitled under petition and counterclaim.-Stechase trailers.-Hobby v. King Trailer Co., 273 phens v. Perkins, 273 S. W. 545. S. W. 650. 105(2) (Tex.Civ.App.) Agency of defendant for codefendants, in action on order assigning sum due under contract with agent, held established.-Bush v. Gholson, 273 S. W. 703. seller's 124(3)(Tex.Civ.App.) Whether agent was misled by apparent power of buyer's agent held for jury.-Hobby v. King Trailer Co., 273 S. W. 650. 52 (Mo.) Judgment in statutory proceeding to quiet title did not invest plaintiffs with new title.-McFadin v. Simms, 273 S. W. 1050. RAILROADS. See Street Railroads. I. CONTROL AND REGULATION IN GEN ERAL. 52 [New, vol. 6A Key-No. Series] (C) Unauthorized and Wrongful Acts. (Tex.Civ.App.) Contract, limiting liability of carrier, permissible during government 150 (2) (Tex.Civ.App.) Agent for one pur-control.-Gulf, C. & S. F. Ry. Co. v. Harrell, pose only cannot bind his principal by another 273 S. W. 661. act.-Climber Motor Corporation v. Fore, 273 S. W. 284. 17 (Tex.Civ.App.) Failure to give notice-Meadows v. Wabash Ry. Co., 273 S. W. 130. of conditions before signing makes signers liable as makers.-Neyland v. Lanier, 273 S. W. 1022. III. DISCHARGE OF SURETY. 126(3) (Tex.Civ.App.) Notice by surety to payee to file suit held insufficient.-Neyland v. Lanier, 273 S. W. 1022. PRIVILEGE. See Constitutional Law, 206. See Intoxicating Liquors. PROMISSORY NOTES. X. OPERATION. (D) Injuries to Licensees or Trespassers in General. 276(1) (Mo.App.) Carrier owed trespasser duty only to refrain from willfully or recklessly injuring him after discovering his presence. -Graham v. St. Louis & S. F. Ry. Co., 273 S. W. 221. 281(3) (Mo.App.) Brakeman, acting as aid to conductor in expelling trespasser, acted within scope of his authority in attempting to exnel trespasser.-Graham v. St. Louis & S. F. Ry. Co., 273 S. W. 221. 282(5) (Mo.App.) Evidence held to show brakeman acted within scope of employment in expelling trespasser from train.-Graham v. St. Louis & S. F. Ry. Co., 273 S. W. 221. 1171 For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER trespasser from train, performed duty within scope of employment.-Id. Evidence held to show brakeman ordered trespasser on train to get off and then struck him. -Id. Evidence held to create inference brakeman had instructions to remove trespassers from train.-Id. 282 (6) (Mo.App.) Carrier liable in punitive damages for act of brakeman in striking trespasser. Graham v. St. Louis & S. F. Ry. Co., 273 S. W. 221. $7,500 damages, including $2,500 punitive damages for injuries to trespasser on train held not excessive.-Id. RECEIVERS. III. TITLE TO AND POSSESSION OF PROP ERTY. 72 (Tex.) Receiver, by summary proceed- See Appeal and Error, 537-715; Criminal REFERENCE. 282(15) (Mo.App.) Instruction held not See Arbitration and Award. misleading as not requiring finding act of brakeman was in scope of employment.-Graham v. St. Louis & S. F. Ry. Co., 273 S. W. 221. Instruction using word "instructions" instead of "authority" held not misleading.-Id. REFORMATION OF INSTRUMENTS. I. RIGHT OF ACTION AND DEFENSES. 16 (Ky.) Reformation may be had only where parties were laboring under mutual misapprehension, or where it does not express_true agreement.-Hayes v. Hudson, 273 S. W. 524. II. PROCEEDINGS AND RELIEF. (F) Accidents at Crossings. 307(4) (Tex.Civ.App.) Watchman not required at crossing not extraordinarily dangerous.-Wichita Valley Ry. Co. v. Southern Cas- | ~45(1) (Ky.) Mistake must be established ualty Co., 273 S. W. 680. 327(8) (Tex.Civ.App.) Failure by full, clear, and decisive evidence to warrant to look reformation.-Hayes v. Hudson, 273 S. W. 524. where one could reasonably expect to discover 45(2) (Ky.) Reformation of written contrain is negligence barring recovery.-Galves- tract for mutual mistake not justified, unless ton, H. & S. A. Ry. Co. v. Freeman, 273 S. evidence clear and convincing.-Bernheim Duane, 273 S. W. 458. W. 979. cars 350(3) (Tex.Civ.App.) Placing on siding, obstructing view of crossing, held not negligence per se.-Wichita Valley Ry. Co. v. Southern Casualty Co., 273 S. W. 680. (Tex. Civ. App.) Negligence 350(7) at V. 45(5) (Ark.) Deed not reformed, unless testimony clear and convincing that mutual mistake made.-Brown v. Reynolds, 273 S. W. 371. Mutual mistake in description in deed warcrossing held for jury.-Galveston, H. & S. A. ranting reformation held not shown by clear and convincing testimony.-Id. Ry. Co. v. Freeman, 273 S. W. 979. 350(13) (Tex.Civ.App.) Contributory neg-45(15) (Ky.) Evidence held not sufficiently ligence at crossing held for jury.-Galveston, clear and convincing to justify reformation of for mutual mistake.-Bernheim H. & S. A. Ry. Co. v. Freeman, 273 S. W. contract Duane, 273 S. W. 458. 979. V. not sufficiently 350 (16) (Tex.Civ.App.) Contributory negli-45(15) (Ky.) Evidence gence of wagon driver, killed at crossing, held clear to warrant reformation of contract.for jury.-Chicago, R. I. & G. Ry. Co. v. Laro, Hayes v. Hudson, 273 S. W. 524. 273 S. W. 684. 350(31) (Ky.) Contributory negligence of automobile driver held for jury.-Western Collieries Co. v. Rhye, 273 S. W. 91. 351(9) (Ky.) Duty of private railroad to give crossing signals held sufficiently defined.Western Collieries Co. v. Rhye, 273 S. W. 91. RAPE. I. OFFENSES AND RESPONSIBILITY THEREFOR. REMAINDERS. 6 (Mo.App.) Remainderman had interest in land, notwithstanding conveyance to and reconveyance from life tenant.-Commerce Trust Co. v. Foulds, 273 S. W. 229. 14 (Mo.App.) Conveyance by remainderman passes no title, where life tenant survives Trust Co. remainderman.-Commerce Foulds, 273 S. W. 229. RETROSPECTIVE LAWS. 17 (Tex.Cr.App.) Requested charge bearing on issue of prior unchaste character and See Constitutional Law, 190; Statutes, age of prosecutrix held properly refused as being incorrect.-Greene v. State, 273 S. W. 853. 59(9) (Tex.Cr.App.) Refusal to give re- See Highways. quested charge stating what matters could be considered in mitigation held not error.-Greene v. State, 273 S. W. 853. See Partition; REAL ACTIONS. ROADS. V. 7 (Ky.) May be committed by threats of injury to property or reputation as well as bodily harm.-Lanford v. Commonwealth, 273 S. W. 492. Quieting Title; Trespass to 17(7) (Ky.) Indictments averring force not demurrable for failure to allege putting in fear of bodily harm.-Lanford wealth, 273 S. W. 492. V. Common-235 (2) (Tex.Civ.App.) One purchasing oil well casings and fixtures from landowner, while another was in actual possession and control, held not an innocent purchaser.--Orfic Gasoline Production Co. v. Herring, 273 S. W. 944. Fear of bodily harm need not be alleged in indictment for "robbery."-Id. 23(3) (Mo.) Testimony of witness that he went to defendant's smokehouse and found pistol concealed therein held without error.-State v. Woodard. 273 S. W. 1047. VI. WARRANTIES. 271 (Mo.App.) What constitutes "sale by 24(1) (Mo.) Evidence held to sustain consample," from which a warranty arises, stated. viction of attempt to rob bank.-State v. Wood--Levine v. Hochman, 273 S. W. 204. ard, 273 S. W. 1047. 26 (Ky.) Defendant's participation in transactions in evidence held for jury on conflicting testimony.-Lanford v. Commonwealth, 273 S. W. 492. SALES. See Judicial Sales; Vendor and Purchaser. 1. REQUISITES AND VALIDITY OF CONTRACT. purchased, and sue for breach of warranty, or 288 (2) (Ark.) Purchaser could retain hay recoup damages when sued for price.-Keith v. Fowler, 273 S. W. 706. 288 (2) (Mo.App.) That plaintiff elected to accept bags on defendant's refusal to accept rescission of contract of sale held not to preclude plaintiff from recovering damages for breach of warranty.-Levine v. Hochman, 273 S. W. 204. VII. REMEDIES OF SELLER. (F) Actions for Damages. 482 [New, vol. 13A Key-No. Series] (Tex.Civ.App.) Purchaser of secondhand automobile, who failed to comply with statute, and his vendee, held not to have title. 388 (Mo.App.) Where instructions modified -Hennessy v. Automobile Owners' Ins. Ass'n, to omit measure of damages, court should have 273 S. W. 1024. given instruction thereon.--Electric Products Co. v. St. Louis Theater Supply Co., 273 S. W. 135. 53(1) (Mo.App.) Evidence of personal connection of defendant's president with purchase of goods held insufficient for jury.-Bluff City Shoe Co. v. Levy, 273 S. W. 1086. Whether goods were purchased for defendant corporation held for jury in action for price. -Id. II. CONSTRUCTION OF CONTRACT. VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. 413 (Mo.) Unless defendant sustained burden of showing extension of conditions of contract or waiver thereof, contention that plaintiff declared on one cause of action and recov81(1) (Mo.) Time of delivery of pig iron ered on another not allowed.-Scullin Steel Co. held essence of sale contract.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. v. Mississippi Valley Iron Co., 273 S. W. 95.415 (Ky.) Burden on purchaser in action Contract held to make time of delivery of each installment of pig iron a condition precedent to each installment.-Id. ~85(2) (Mo.) Excluding evidence of weather conditions not within terms of contract excusing delivery held proper.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. Seller's failure to procure coke to manufacture pig iron held not to excuse its breach of contract.-Id. III. MODIFICATION OR RESCISSION OF CONTRACT. (A) By Agreement of Parties. 89 (Mo.) Evidence held not to show express agreement extending time for delivery of pig iron.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 1681⁄2(1) (Ky.) Purchaser held entitled to credit for damaged merchandise and for morphine, which it was unlawful to sell.-Bowling v. Webster, 273 S. W. 501. 181(1) (Mo.) Seller had burden to show delay in delivery was due to causes specified in contract, or agreement subsequent extending time, or waiver by buyer.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. ~181 (TT) (Mo.) Evidence held not to show waiver by buyer of express condition for delivery of pig iron.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. Evidence held not to show seller prevented by accident from complying with contract.-Id. V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 202(6) (Mo.App.) Title held to pass at point of destination.-Levine v. Hochman, 273 S. W. 204. (D) Bona Fide Purchasers. 234(3) (Tex.Civ.App.) One cannot give better title by sale than he has himself.--Climber for damages for seller's breach of contract to prove his damages.-Elder v. Florsheim Shoe Co.. 273 S. W. 60. 416(2) (Mo.) Evidence that buyer was compelled to and did purchase pig iron on the market properly excluded.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. 418(2) (Ky.) Measure of damages for failure to deliver, where sale is of ordinary articles which can be purchased in convenient market, stated.-Elder v. Florsheim Shoe Co., 273 S. W. 60. 418(2) (Mo.) Damages properly defined as difference between contract price and market price on last day of month each installment was to be delivered.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. 418(12) (Ky.) When parties presumed to anticipate a resale, and that profits would be made, stated.-Elder v. Florsheim Shoe Co., 273 S. W. 60. Measure of damages for breach of contract, where seller knew that purchaser intended to resell goods, stated.--Id. 418(15) (Ky.) Measure of damages for breach of contract, where sale is of manufactured articles of special brand ordinarily on sale, stated.-Elder v. Florsheim Shoe Co., 273 S. W. 60. 420 (Ky.) Verdict properly directed for defendant in purchaser's action for damages for breach of contract in sales of shoes.-Elder v. Florsheim Shoe Co., 273 S. W. 60. 421 (Mo.) Instruction that there was no substantial evidence that seller was prevented from delivering pig iron by delay or congestion of railroad or carrier in delivering materials held proper.-Scullin Steel Co. v. Mississippi Valley Iron Co., 273 S. W. 95. (D) Actions and Counterclaims for Breach of Warranty. 428 (Ark.) Purchasers had right to reject entire shipment of hay for breach of warranty of quality.-Keith v. Fowler, 273 S. W. 706. Purchaser could accept part of hay and reject remainder, on discovery of its poor qual ror cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 434 (Mo.App.) Petition in action on con- Heath & Co. v. Marrs, 273 S. W. 794; Johntract for breach of warranty in sale of second- son Pub. Co. v. Marrs, 273 S. W. 794. hand bags held grounded on a breach of war-80 (2) (Ky.) Mistake of successful bidder ranty. Levine v. Hochman, 273 S. W. 204. in_computation of estimates held fundamental. -Board of Regents of Murray State Normal School v. Cole, 273 S. W. 508. 442 (2) (Mo.App.) Measure of damages for breach of warranty in sale of secondhand bags stated.-Levine v. Hochman, 273 S. W. 204. 442(4) (Mo.App.) Damages for breach of warranty to be estimated at destination point. -Levine v. Hochman, 273 S. W. 204. 445(1) (Mo.App.) Whether sale of secondhand bags was made by sample held for jury. Levine v. Hochman, 273 S. W. 204. 85 (Tex.) Mandamus lies against state su-. perintendent of public instruction to perform text-book contract.-Laidlaw Bros. v. Marrs, 273 S. W. 789; Charles Scribner's Sons v. Marrs, 273 S. W. 793; W. H. Wheeler & Co. v. Marrs, 273 S. W. 793; Silver, Burdett & Co. v. Marrs, 273 S. W. 793; D. C. Heath & Co. v. Marrs, 273 S. W. 794; Johnson Pub. Co. v. Marrs, 273 S. W. 794. 445 (4) (Ark.) Court erred in not submitting issue to jury whether warranty in contract had been breached by seller's furnishing 89 (Tex.Civ.App.) Duty of municipality to poor quality of hay.-Keith v. Fowler, 273 S. W. 706. 445 (4) (Mo.App.) Whether warranty in sale of secondhand bags was breached held for jury.-Levine v. Hochman, 273 S. W. 204. IX. CONDITIONAL SALES. maintain public schools held a governmental function, and municipality not liable for injury to pupil.-McVey v. City of Houston, 273 S. W. 313. (E) District Debt, Securities, and Taxa tion. 479(14) (Ark.) Buyer sued by seller held 90 (Ky.) Contract for sale of school buildnot precluded by sale of equity to third party ing by board of education to corporation with from maintaining cross-action against seller option to lease and rebuy held within power of for latter's failure to resell article repossessed board to make and not violative of constitupursuant to Tennessee law.-White Co. v. tional limitations on indebtedness.-Waller v. Bragg, 273 S. W. 7. Georgetown Board of Education, 273 Ş. W. 498. (A) SCHOOLS AND SCHOOL DISTRICTS. General. 10 (Ark.) Statute, directing credit of funds arising from sale of sixteenth section school lands to permanent school funds of the state, held not unconstitutional.-Sloan v. Blytheville Special School Dist. No. 5, 273 S. W. 397. (C) Government. Officers, and District Meetings. 46 (Ark.) Act creating office of county supervisor held not void.-Landers v. Murphy, 273 S. W. 362. 55 (Mo.App.) Powers of board of directors of school district limited to those expressed in statute.-Consolidated School Dist. No. 6 of Jackson County v. Shawhan, 273 S. W. 182. 62 (Mo.App.) Powers of board of directors of school district limited to those expressed in statute, and board liable for misapplication of teachers' fund.-Consolidated School Dist. No. 6 of Jackson County v. Shawhan, 273 S. W. 182. Warrants on school funds admissible, though without showing by record that board authorized issue.-Id. Statute does not limit power of board of education to incur indebtedness.-Id. 101 (Tex.Civ.App.) Constitutional limitation on city's taxing power does not apply to its taxing power as an independent school district.-City of Belton v. Harris Trust & Savings Bank, 273 S. W. 914. Charter provisions limiting taxation held not to limit taxation for school purposes.-Id. (F) Claims Against District, and Actions. 120 (Tex.Civ.App.) Demurrer to petition for injuries to pupil, from falling archway of school building, held properly sustained.-McVey v. City of Houston, 273 S. W. 313. SEDUCTION. II. CRIMINAL RESPONSIBILITY. 29 (Mo.) "Seduction," as defined by statute, is not violation of agreement of marriage. -State v. Shiflett, 273 S. W. 727. 49 (Mo.) Whether accused's promise to marry prosecutrix was conditional held for jury.-State v. Shiflett, 273 S. W. 727. Corroborating evidence of promise of marriage held sufficient to go to jury.-Id. SENTENCE. District may recover against board of direc- See Criminal Law, 982. tors for misappropriation of teachers' fund. -Id. SEPARATE PROPERTY. Directors liable for misappropriation of par- See Husband and Wife, 135–162. ticular school funds, notwithstanding good faith and absence of willful intent.-Id. (D) District Property. Contracts, and Lia bilities. 80 (1) (Tex.) Approval of text-book contract by state board of education held waiver of irregularities in execution.-Laidlaw Bros. v. Marrs, 273 S. W. 789; Charles Scribner's Sons v. Marrs, 273 S. W. 793; W. H. Wheeler & Co. v. Marrs, 273 S. W. 793; Silver, Burdett & Co. v. Marrs, 273 S. W. 793; D. C. Heath & Co. v. Marrs, 273 S. W. 794; Johnson Pub. Co. v. Marrs, 273 S. W. 794; MacMillan Co. v. Marrs, 273 S. W. 794: Row, Peterson & Co. v. Marrs, 273 S. W. 795. 80 (1) (Tex.) State board of education's approval of text-book contract final, and cannot be thereafter set aside by it.-Laidlaw Bros. v. Marrs, 273 S. W. 789; Charles Scribner's Sons v. Marrs, 273 S. W. 793; W. H. Wheeler & Co. v. Marrs, 273 S. W. 793; Silver, Burdett & Co. v. Marrs, 273 S. W. 793; D. C. SET-OFF AND COUNTERCLAIM. II. SUBJECT-MATTER. 34(2) (Tex.Civ.App.) Exception to crossbill, based on damage for arrest as set-off to contractual award, properly sustained.-Farrow v. Star Ins. Co. of America, 273 S. W. 318. SEWERS. See Drains. SHERIFFS AND CONSTABLES. III. POWERS, DUTIES, AND LIABILITIES. 98(2) (Mo.App.) If justice of peace has jurisdiction of subject-matter, constable is not bound to examine into validity of judgment, proceedings, or process under which he acts. -State ex rel. Athletic Tea Co. v. Cameron, 273 S. W. 746. 138 (3) (Tex.Civ.App.) Showing required of attachment creditor to recover of sheriff, mined from act itself and from facts of which court takes judicial notice.-Id. "General law" defined.-Id. accepting an insufficient replevy bond from 191 (2) (Tex.) Mandamus against superintendent of public instruction not suit against state.-Laidlaw Bros. v. Marrs, 273 S. W. 789; Charles Scribner's & Sons v. Marrs, 273 S. W. 793; W. H. Wheeler & Co. v. Marrs, 273 S. W. 793; Silver, Burdett & Co. v. Marrs, 273 S. W. 793; D. C. Heath & Co. v. Marrs, 273 S. W. 794; Johnson Pub. Co. v. Marrs, 273 S. W. 794. STATUTE OF FRAUDS. See Frauds, Statutes of. STATUTE OF LIMITATIONS. See Limitation of Actions. STATUTES. 77(1) (Ark.) Distinction between "generstatute" and "special statute" stated.-McLaughlin v. Ford, 273 S. W. 707. 77(1) (Ark.) Whether statute is general or special determined from act itself and from facts of which court takes judicial notice.Farelly Lake Levee Dist. v. Hudson, 273 S. W. 711. 93(4) (Ark.) That there is only one city in class does not make statute_relating to such class special.-McLaughlin v. Ford, 273 S. W. 707. 93(10) (Ark.) Statute fixing salaries of city officers of cities of 25,000 or more population held not special.-McLaughlin v. Ford, 273 S. W. 707. III. SUBJECTS AND TITLES OF ACTS. 115(1) (Tex.) Caption of statute of concealing true purpose and stating a foreign purpose held deceptive.-Arnold v. Leonard, 273 S. W. 799. Caption of statute held misleading and deceptive.-Id. IV. AMENDMENT, REVISION, AND CODIFICATION. 135 (Ky.) Legislature may amend and reenact an act theretofore amended and re-enacted, if new act complete in itself.-City of Elizabethtown v. Lanz, 273 S. W. 500. 141(3) (Kv.) Title and body of amendatory act classifying Elizabethtown as city of fourth class held valid and constitutional.-City of Elizabethtown v. Lanz, 273 S. W. 500. Latter paragraph, expressing purpose of act in full, held final and controlling.-Id. For statutes relating to particular subjects, ed by unconstitutional amendment.-Lanford see the various specific topics. 1. ENACTMENT, REQUISITES. AND VALIDITY IN GENERAL. 64 (1) (Tex.Civ.App.) Repealing clause falls with unconstitutional law containing it, if intended to displace old law with new.-Pioneer Oil & Refining Co. v. State, 273 S. W. 615. 143 (Ky.) Act imposing penalty not affectv. Commonwealth, 273 S. W. 492. V. REPEAL, SUSPENSION, EXPIRATION, AND REVIVAL. 159 (Ark.) When statute operates to repeal prior statute for repugnancy stated.Farelly Lake Levee Dist. v. Hudson, 273 S. W. 711. VI. CONSTRUCTION AND OPERATION. (A) General Rules of Construction. 64 (2) (Tex.) Provisions in statutes exempting revenues from wife's separate lands from payment of community debt contracted by husband held valid.-Arnold v. Leonard, 273181 (2) (Tex.Civ.App.) Construction leadS. W. 799. 68 (Ark.) Distinction between "general statute' and "special statute" stated.-McLaughlin v. Ford, 273 S. W. 707. ing to absurd results and invalidity not applied, if possible to be avoided.-Ladd v. Yett, 273 S. W. 1006. 219 (Tex.Civ.App.) Construction given to ambiguous statute by head of executive department upheld unless clearly erroneous.-City of Belton v. Harris Trust & Savings Bank, 273 S. W. 914. 227 (Ky.) Generally statutory provisions directing procedure by public officer are directory.-Wait v. Southern Oil & Tar Co., 273 S. W. 473. (D) Retroactive Operation. 68 (Ark.) Statute for relief of local improvement districts, created by special acts, 263 (Ky.) No law held retroactive, unless held general statute.-Farelly Lake Levee Dist. such intent clearly expressed or necessarily v. Hudson, 273 S. W. 711. implied. Greene v. Frankfort Distillery Co., 273 S. W. 28. Whether statute is general or special deter |