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§ 80. St. 1898, §§ 1990-2001-20, c. 91, au-
thorizing incorporation of religious societies,
held not violative of Const. art. 4, § 31.-St.
Hyacinth Congregation v. Borucki (Wis.) 284.

§ 93. Gen. Laws 1909, p. 484, c. 405 (Rev.
Laws Supp. 1909, §§ 793-129 to 793-136), au-
thorizing the issuance of bonds in counties con-
taining a certain population to improve high-
ways, held unconstitutional.-Lowry v. Scott
(Minn.) 635.

III. SUBJECTS AND TITLES OF ACTS.

$109. The short descriptive terms used to
designate the subject-matter of the various chap-
Const. art. 3, § 29.-Sawyer v. Botti (Iowa) 787.

Liability of state officer for costs, see Costs, & ters of the Code are not titles of acts within
96.

STATUTE OF FRAUDS.

See Frauds, Statute of.

STATUTE OF LIMITATIONS.

See Limitation of Actions.

STATUTES.

For statutes relating to particular subjects, see
the various specific topics.

Charging statutory offenses, see Indictment and
Information, § 110.
Constitutionality in general, see Constitutional
Law.

Statute of frauds, see Frauds, Statute of.
Statute of limitations, see Limitation of Actions.
Statutory new trial as of right, see New Trial,
§§ 183, 188.

Validity of retrospective and ex post facto laws,
see Constitutional Law, §§ 190-203.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

$39. Where it appears that Laws 1909, c.
285, relating to banking business, passed the
Legislature with a proviso in a place where it
would be as effective as in the place where it
appeared in the printed statutes, the change of
position, even if unauthorized, did not vitiate
the legislation.-Weed v. Bergh (Wis.) 664.

64. The invalidity of Pub. Acts 1903, No.
170, amending Pub. Acts 1899, No. 183, § 15,
held not to affect the validity of section 13 of
the act of 1899.-Ex parte Wilson (Mich.) 1100.

$64. The fact that part of Pub. Acts 1909,
No. 214, § 11, relating to challenges to voter us-
ing voting machine was invalid held not to af-
fect the validity of the remainder of the section.
-Henderson v. Board of Election Com'rs of
City of Saginaw (Mich.) 1105.

$113. State Railway Commission Law (Laws
1907, c. 90) substantially complied with Const.
art. 3, § 11, providing that no bill shall contain
more than one subject, which shall be clearly
expressed in its title.-Western Union Telegraph
Co. v. State (Neb.) 937.

§ 114. The subject of Laws 1887, No. 313
(Comp. Laws, §§ 5379-5446), regulating the liq-
uor traffic, is sufficiently expressed in the title
of the act to satisfy Const. art. 4, § 20, relating
to the subjects and titles of statutes.-Sisson v.
Lampert (Mich.) 513.

$114. The provisions of Pub. Acts 1899, No.
183, amending Pub. Acts 1889, No. 207, held
germane to the original title, and the act is not
in conflict with Const. 1850, art. 4, § 20.-Ex
parte Wilson (Mich.) 1100.

§ 114. A definition of intoxicating liquor con-
tained in Laws 1909, p. 277, c. 187, held ger-
mane to the general subject of Laws 1890, p.
309, c. 110, and within the title of that act, of
which the act of 1909 was an amendment.-
State v. Fargo Bottling Works Co. (N. D.) 387;
Same v. American Bottling Ass'n (N. D.) 396.

$114. Laws 1909, p. 277, c. 187, amending
Laws 1890, p. 309, c. 110, held not defective be-
cause the subject of the act was not a question
in title, as required by Const. § 61.-State v.
Fargo Bottling Works Co. (N. D.) 387; Same v.
American Bottling Ass'n (N. D.) 396.

IV. AMENDMENT, REVISION, AND

CODIFICATION.

Validity of act relating to appointment of stat-
utory revisor as conferring on Supreme Court
justices a nonjudicial office, see Judges, § 21;
as conferring on Supreme Court justices non-
judicial duty, see Constitutional Law, § 74.

§ 141. Laws 1909, p. 277, c. 187, held not an
amendment of Rev. Codes 1905, § 9353, and
§ 64. Where the unconstitutional portion of therefore not repugnant to Const. § 64, for fail-
an act can be separated from the valid provi-ure to publish section 9353 as a part of the Acts
sions, it will be done and the constitutional pro- of 1909.-State v. Fargo Bottling Works Co. (N.
visions sustained.-Pugh v. Pugh (S. D.) 959. D.) 387; Same v. American Bottling Ass'n (N.
D.) 396.
II. GENERAL AND SPECIAL OR LO-
CAL LAWS.

Grant of special privileges or immunities, see
Constitutional Law, § 205.

$71. Code Supp. 1907, § 679d (Acts 29th
Gen. Assem. p. 17, c. 31, § 4), held not uncon-
stitutional as not being of uniform operation.-
State v. Sargent (Iowa) 339.

V. REPEAL, SUSPENSION, EXPIRA-
TION, AND REVIVAL.

Repeal of statute relating to purchase of prop-
erty by cities, see Municipal Corporations, §
244.

Repeal of statutes relating to taxation, see Tax-
ation, § 365.

72. Regulation must be carried on by means
§ 158. Repeals by implication are not favor-
of general laws which often bear more heavily ed.-Brooks v. Incorporated Town of Brooklyn
on some than on others, but, if the general pur-(Iowa) 868.
pose of the law is regulation and not the sup-
pression of lawful business, the fact that some
persons on whom it operates may have to recon-
struct their methods of doing business, or cease
doing business at all, does not render the law
void.-MacLaren v. State (Wis.) 667.

§ 161. A subsequent act will not repeal a for-
mer one if such was not the intention of the
Legislature, though its words strictly construed,
would have that effect.-State v. Western Union
Telegraph Co. (Minn.) 380.

VI. CONSTRUCTION AND OPERA-

TION.

Construction to avoid unconstitutionality, see
Constitutional Law, § 48.

but, if its meaning is simply obscure, the_legis-
lative intent will be considered.-State v. Fargo
Bottling Works Co. (N. D.) 387; Same v.
American Bottling Ass'n (N. D.) 396.

§ 241. It is the duty of the court in con-
struing a penal statute containing a patent am-
biguity to adopt the sense of the words which
promotes the apparent policy of the Legislature.
State v. Fargo Bottling Works Co. (N. D.)
387; Same v. American Bottling Ass'n (N. D.)

(A) General Rules of Construction.
Laws relating to payment of claims for care of
poor, see Paupers, § 52.
Laws requiring fixing of limits for improvement
districts, see Municipal Corporations, § 450.
Reciprocal demurrage law, see Carriers, § 100.396.
$179. Any liquor containing alcohol or the
alcoholic principle when declared by the Legis-
lature to be intoxicating will be so held.-State
v. Fargo Bottling Works Co. (N. D.) 387; Same
v. American Bottling Ass'n (N. D.) 396.

§ 188. In construing a statute, effect should
be given to headings.-State v. Johnson (S. D.)

847.

§ 205. In construction of a statute, effect
must be given, if possible, to every word, clause,
and sentence thereof.-State v. Columbian Nat.
Life Ins. Co. (Wis.) 502.

(B) Particular Classes of Statutes.

§ 241. Laws 1909, p. 277, c. 187, defining in-
toxicating liquors, held neither contradictory
nor ambiguous.-State v. Fargo Bottling Works
Co. (N. D.) 387; Same v. American Bottling
Ass'n (N. D.) 396.

§ 241. Questions of doubt in a penal statute
will be resolved favorably to those from whom
it is sought to recover the penalty.-State v.
Columbian Nat. Life Ins. Co. (Wis.) 502.

§ 241. The principle that a criminal statute
must not be so construed as to multiply offenses
where such a construction can reasonably be
avoided applies to penal statutes.-State v. Co-
lumbian Nat. Life Ins. Co. (Wis.) 502.

§ 241. Laws 1909, p. 277, c. 187, amending
§ 241. Penal statutes must be strictly con-
Rev. Codes 1905, § 9366, held within section strued, and will not be extended by implication.
8538, providing that penal statutes shall be con--State v. Columbian Nat. Life Ins. Co. (Wis.)
strued according to fair import.-State v. Fargo
Bottling Works Co. (N. D.) 387; Same v. Amer-
ican Bottling Ass'n (N. D.) 396.

§ 241. Where a penal statute contains a pat-
ent ambiguity held construction which operates
in favor of a party accused under its provisions
is to be preferred.-State v. Fargo Bottling
Works Co. (N. D.) 387: Same v. American
Bottling Ass'n (N. D.) 396.

§ 241. Nothing will be regarded as within a
penal statute not within its letter and spirit,

502.

(D) Retroactive Operation.
Constitutionality of retroactive and ex post fac-
to laws, see Constitutional Law, §§ 190–203.
Laws authorizing action for wrongful death, see
Death, § 9.

§ 263. A statute not retroactive by its terms,
but ambiguous, will be strictly construed in fa-
vor of its nonretroactive character.-Quinn v.
Chicago, M. & St. P. Ry. Co. (Wis.) 653.

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Of proceedings on appeal or writ of error in See Receiving Stolen Goods.
civil actions in general, see Appeal and Error,
§§ 461-488.

STEALING.

See Larceny; Receiving Stolen Goods.

STIFLING.

Competition, see Monopolies.

STIPULATIONS.

Stipulation for consolidation of actions as waiv-
er of objection to transfer of cause from law
to equity docket, see Trial, § 408.
Waiving exceptions in lower court, see Appeal
and Error, § 278.

STOCK.

Live stock, see Animals.

Live stock, carriage of, see Carriers, §§ 207-230.
Live stock, injuries to by operation of railroad,
see Railroads, §§ 413-439.

STREET RAILROADS.

See Railroads.

Carriage of passengers, see Carriers, §§ 318, 320.
Expert testímony as to construction and equip-
ment, see Evidence, § 513.

Interurban railroads, see Railroads, § 171.

II. REGULATION AND OPERATION.
Injuries to passengers, see Carriers, §§ 318, 320.

$ 84. Independent of the common-law rule
and St. 1898, § 1862, a city railway held re-
quired to comply with its franchise, requiring
it to use all reasonable care to prevent injury
to persons and property.-Fisher v. Waupaca
Electric Light & Ry. Co. (Wis.) 1005.

§ 85. At common law a street railroad must
so use the city as to regard the safety of the
traveling public, and its use is a joint use with
the public, and neither it nor the public may
endanger the use by the other.-Fisher v. Wau-
paca Electric Light & Ry. Co. (Wis.) 1005.

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titled to act on the presumption that ordinarily
$ 90. A motorman, operating a car, is en-
a dog on the track will get out of the way.-
Henry v. St. Paul City Ry. Co. (Minn.) 245.

§ 98. While the degree of care required of
one crossing a street railway is practically the
same as where he is about to cross a steam
railroad track, the "stop, look, and listen" rule
does not apply with the same force.-McCor-
mick v. Ottumwa Ry. & Light Co. (Iowa) 889.
$99. In an action for injuries to plaintiff by
his vehicle being struck by a street car ap-
proaching him from the rear, plaintiff held neg-
ligent as a matter of law.-McCormick v. Ot-
tumwa Ry. & Light Co. (Iowa) 889.

§ 103. In an action for injuries to a traveler
in collision with a street car, plaintiff held not
entitled to recover under the last clear chance
doctrine.-McCormick v. Ottumwa Ry. & Light
Co. (Iowa) 889.

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§ 113. In an action against a street railway
SUBMERGED LANDS.
company for the death of a person run over by See Navigable Waters, §§ 36, 37.

a street car without a fender, certain evidence
held properly excluded.-Fisher v. Waupaca
Electric Light & Ry. Co. (Wis.) 1005.

§ 114. In an action for personal injuries
against a street railway company, evidence held
to sustain verdict for plaintiff.-Christensen v.
Omaha & C. B. St. Ry. Co. (Neb.) 96.

§ 114. In an action against a street railway
for the death of a person run over by a car,
the point that the injury could not have been
foreseen held not well taken in view of the evi-

dence.-Fisher v. Waupaca Electric Light &
Ry. Co. (Wis.) 1005.

§ 114. In an action against a street railway
company for the death of a person run over by
a car, evidence held to show want of due dili-
gence by the motorman to stop the car to avoid
the accident.-Fisher v. Waupaca Electric Light
& Ry. Co. (Wis.) 1005:

§ 114. Evidence held to support a finding
that the death of a person thrown from a ve-
hicle and onto a street car track was caused by
a car running over her.-Fisher v. Waupaca
Electric Light & Ry. Co. (Wis.) 1005.

SUBROGATION.

§ 38. An execution creditor who fails to
make written demand for the amount of the
chattel mortgagee's claim on the property, as
provided by Code, § 3987, cannot claim the
right of subrogation.-Peppers v. Harris (Iowa)
625.
SUBSCRIPTIONS.

To corporate stock in general, see Corporations,
$ 84.

SUBSTITUTION.

Construction of will, see Wills, §§ 551, 552.
SUCCESSION.

See Descent and Distribution.
Taxes, see Taxation, §§ 860-895.

SUFFRAGE.

§ 117. Evidence held to require submission of In general, see Elections.
a motorman's negligence, in striking plaintiff's
buggy, to the jury.-McCormick v. Ottumwa
Ry. & Light Co. (Iowa) 889.

SUIT.

SUMMARY PROCEEDINGS.

§ 117. In an action for injuries on a street See Action; Equity.
car track which is not within the class provided
for by Laws 1907, p. 495, c. 254, where the evi-
dence shows contributory negligence as a matter
of law, nonsuit should be granted or verdict di-
rected for defendant.-Blodgett v. Milwaukee
Electric Ry. & Light Co. (Wis.) 246.

118. Under St. 1898, § 1862, an instruction
on the issue whether a street railway company
should provide fenders for its cars held not er-
roneous. Fisher v. Waupaca Electric Light &
Ry. Co. (Wis.) 1005.

§ 118. In an action against a street railway
company for the death of a person run over by
a street car, an instruction held not prejudicial
in view of the evidence.-Fisher v. Waupaca
Electric Light & Ry. Co. (Wis.) 1005.

593.

For collection of taxes, see Taxation, §§ 587,
For removal of mayor, see Municipal Corpora-
tions, § 159.

See Process.

SUMMONS.

SUNDAY.

who devotes one room in his building to the use
§ 5. St. 1898, § 4595, held not to require one
of a hotel office and a place for selling liquor
§ 118. In an action against a street railway and cigars to close up the room on Sunday, but
company for the death of a person run over by he need only discontinue the shop practice on
a street car having no fender, an instruction as that day, keeping open only for the office busi-
to the effect of a fender held not objectionable.-ness.-Wieden v. State (Wis.) 509.

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