§ 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.
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
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-
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.)
§ 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,
(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.
Of proceedings on appeal or writ of error in See Receiving Stolen Goods. civil actions in general, see Appeal and Error, §§ 461-488.
See Larceny; Receiving Stolen Goods.
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.
Live stock, see Animals.
Live stock, carriage of, see Carriers, §§ 207-230. Live stock, injuries to by operation of railroad, see Railroads, §§ 413-439.
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.
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.
§ 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.
§ 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.
Construction of will, see Wills, §§ 551, 552. SUCCESSION.
See Descent and Distribution. Taxes, see Taxation, §§ 860-895.
§ 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.
§ 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.
For collection of taxes, see Taxation, §§ 587, For removal of mayor, see Municipal Corpora- tions, § 159.
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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