compel specific performance.-Edwards v. Wat-
son, 167 S. W. 1119.

II. CONTRACTS ENFORCEABLE.

§ 25 (Mo.) A contract of sale of real estate
which does not describe the property and a con-
temporaneous deed and check for part of the
price, when construed together, disclose a con-
tract of sale of described lands for a stipulated
price, and equity can specifically enforce it.-
Edwards v. Watson, 167 S. W. 1119.

$ 28 (Ky.) A contract to be specifically en-
forced, must be certain, and its terms must
be so expressed as to enable the court to frame
its decree in accordance with the intent of the
parties.-Tharp University School v. Komus
Realty Co., 167 S. W. 136.

$30 (Ky.) A contract for the sale of real es-
tate which recites that the purchaser shall pay
$3,000 in cash or $3,750 in second lien on the
property, but which does not fix any time for
the maturity of the second lien, nor state the
amount of the first lien, is too indefinite to be
specifically enforced.-Tharp University School
v. Komus Realty Co., 167 S. W. 136.

III. GOOD FAITH AND DILIGENCE.

§ 97 (Mo.) In a suit to enforce an option in
a will to purchase certain real estate, a tender
of the amount, required under the option, prior
to suit brought, held waived.-Tevis v. Tevis,
167 S. W. 1003.

§ 97 (Mo.) A purchaser in a contract for sale
of real estate, which binds the vendor to perfect
title, and which gives the purchaser a reasona-
ble time in which to perfect loan and abstract,
may compel specific performance without tender-
ing the price or showing his financial ability to
pay, where the vendor refused to perfect the
title.-Edwards v. Watson, 167 S. W. 1119.

IV. PROCEEDINGS AND RELIEF.

§ 11634 (Ky.) A demurrer to a petition for
specific performance, which petition averred that
defendant refused to complete the contract for
fear of an attack upon the title, was properly
overruled, as the defense attempted to be inter-
posed by such demurrer was not even sufficient
to put plaintiffs upon exhibition of their title.-
McCrocklin v. O'Donaghue, 167 S. W. 901.

SPIRITUOUS LIQUORS.

See Intoxicating Liquors.

STANDING TIMBER.

See Frauds, Statute of, §§ 72, 129.

STATEMENT.

See Appeal and Error, §§ 557, 559, 664; Wit-
nesses, §§ 379-414.

STATES.

See Corporations, § 636; Navigable Waters,
19, 36; Public Lands, § 158; Taxation,
730.

STATUTE OF USES.

See Trusts, §§ 17, 18.

STATUTES.

See Appeal and Error, § 170; Constitutional
Law, § 309; Limitation of Actions, §§ 4-33.
For statutes relating to particular subjects, see
the various specific topics.

II. GENERAL AND SPECIAL OR LO-
CAL LAWS.

make the act artificially a general law.-State
ex rel. Garesche v. Roach, 167 S. W. 1008;
Same v. Drabelle, Id. 1016.

Const. art. 4, § 53, par. 32, imposes on the
courts the duty to determine whether a statute
is local, though it contains provisions for a
classification; and a statute containing a mere
classification for purpose of legislation, without
regard to necessity therefor, must be adjudged
local.-Id.

Where the Legislature has adopted a general
law applicable to a subject, the court, in de-
termining the validity of a subsequent special
law on the subject, need not determine the
necessity of a special law, or the applicability
or lack of applicability of a general law.-Id.
The nonpartisan judiciary act, providing for
the manner of nominating and electing candi-
dates for judges for the circuit courts in coun-
ties and cities having 350,000 inhabitants or
more, is a local and special law for the filling
of a public office, and is violative of Const. art.
4, § 53, par. 32.-Id.

manner

28, to justify provisions for counties and cities
which may subsequently have the requisite pop-
ulation, and provisions repealing conflicting
laws.-State ex rel. Garesche v. Roach, 167 S.
W. 1008; Same v. Drabelle, Id. 1016.

VI. CONSTRUCTION AND OPERA-

TION.

(A) General Rules of Construction.
§ 206 (Mo.) The court, in construing a stat-
ute, must, if possible, give effect to the whole
and every part thereof, provided the interpreta-
tion reached is reasonable, and not in conflict
with the legislative intent.-State ex rel.
Garesche v. Roach, 167 S. W. 1008; Same v.
Drabelle, Id. 1016.'

§ 206 (Mo.App.) Limitations by implication
are not favored, and statutes should be con-
strued so as to give all parts an operative ef-
fect if possible; this being particularly true
where a new remedy is provided which, it is
claimed, impliedly takes away an existing rem-
edy.-Joplin Supply Co. v. Smith, 167 S. W.
649.

W. 965.

§ 109 (Mo.) The object of Const. art. 4, §
28, is to have the title of the bill to indicate
the general contents thereof.-State ex rel.
Garesche v. Roach, 167 S. W. 1008; Same v.
Drabelle, Id. 1016.'

§1102 (Mo.) Laws 1911, p. 89, entitled “An
act to amend section 794 of article 6 of chapter
6 of the Revised Statutes of 1909 of Missouri,
entitled 'Herding by nonresidents,' by adding
certain words thereto," and which contains pro-
visions applying to residents, as well as nonres-
idents, violates Const. art. 4, § 28.-State v.
Sloan, 167 S. W. 500.

$1102 (Mo.) Laws 1893, p. 173 (Rev. St.
1909, §§ 6539 to 6544, inclusive), held to con-
tain provisions amounting to a general statute
regulating the dealing in and use of explosives,
with no connection with the title or other provi-
sions of the act relative to the protection and
preservation of fish, and hence to violate Const.
art. 4, § 28.-State v. Hurley, 167 S. W. 965.
§ 125 (Mo.) The title of the nonpartisan judi-
ciary act is sufficient, within Const. art. 4, §

§ 226 (Mo.App.) Where a statute is adopted
from another state, it is presumed that it was
intended to adopt the construction there made,
and hence decisions of the state from which

the statute was adopted are at least very per-
suasive, if not binding.-Joplin Supply Co. v.
Smith, 167 S. W. 649.

§ 228 (Mo.App.) The purpose of a proviso in
an act is not to create new rights or to take
away old rights already existing, but to restrict
the preceding portion of the statute of which it
forms a part.-Joplin Supply Co. v. Smith, 167
S. W. 649.

A proviso should be construed with reference.
to the immediate preceding parts of the clause
to which it is attached.-Id.

VII. PLEADING AND EVIDENCE.

§ 279 (Tex.Civ.App.) The charter powers of a
city granted to it by public act need not be
pleaded in an action by it.-O'Connor v. City
of Laredo, 167 S. W. 1091.

by Act 1906, June 29,
ch. 3591, § 7 (11), (12),
34 Stat. 595.
1898, July 1, ch. 541, §
64a, 30 Stat. 563.
1906, June 29, ch. 3591, §
7 (11), (12), 34 Stat.
595
1908, April 22, ch. 149, 35

Stat. 65.. ..83, 279, 933 Page 1325

1908, April 22, ch. 149, §
1, 35 Stat. 65.
1908, April 22, ch. 149 (§
9 added by Act 1910,
April, 5, ch. 143, § 2, 36

$$ 2497-2502

73

Page 677

812

.1178

Page 3169
Page 3447

.....1178

870

make the act artificially a general law.-State
ex rel. Garesche v. Roach, 167 S. W. 1008;
Same v. Drabelle, Id. 1016.

Const. art. 4, § 53, par. 32, imposes on the
courts the duty to determine whether a statute
is local, though it contains provisions for a
classification; and a statute containing a mere
classification for purpose of legislation, without
regard to necessity therefor, must be adjudged
local.-Id.

Where the Legislature has adopted a general
law applicable to a subject, the court, in de-
termining the validity of a subsequent special
law on the subject, need not determine the
necessity of a special law, or the applicability
or lack of applicability of a general law.-Id.
The nonpartisan judiciary act, providing for
the manner of nominating and electing candi-
dates for judges for the circuit courts in coun-
ties and cities having 350,000 inhabitants or
more, is a local and special law for the filling
of a public office, and is violative of Const. art.
4, § 53, par. 32.-Id.

28, to justify provisions for counties and cities
which may subsequently have the requisite pop-
ulation, and provisions repealing conflicting
laws.-State ex rel. Garesche v. Roach, 167 S.
W. 1008; Same v. Drabelle, Id. 1016.

VI. CONSTRUCTION AND OPERA-

TION.

(A) General Rules of Construction.
§ 206 (Mo.) The court, in construing a stat-
ute, must, if possible, give effect to the whole
and every part thereof, provided the interpreta-
tion reached is reasonable, and not in conflict
with the legislative intent.-State ex rel.
Garesche v. Roach, 167 S. W. 1008; Same v.
Drabelle, Id. 1016.

§ 206 (Mo.App.) Limitations by implication
are not favored, and statutes should be con-
strued so as to give all parts an operative ef-
fect if possible; this being particularly true
where a new remedy is provided which, it is
claimed, impliedly takes away an existing rem-
edy.-Joplin Supply Co. v. Smith, 167 S. W.

649.

W. 965.

§ 109 (Mo.) The object of Const. art. 4, §
28, is to have the title of the bill to indicate

the general contents thereof.-State ex rel.
Garesche v. Roach, 167 S. W. 1008; Same v.
Drabelle, Id. 1016.

81102 (Mo.) Laws 1911, p. 89, entitled "An
act to amend section 794 of article 6 of chapter
6 of the Revised Statutes of 1909 of Missouri,
entitled 'Herding by nonresidents,' by adding
certain words thereto," and which contains pro-
visions applying to residents, as well as nonres-
idents, violates Const. art. 4, § 28.-State v.
Sloan, 167 S. W. 500.

$1102 (Mo.) Laws 1893, p. 173 (Rev. St.
1909, §§ 6539 to 6544, inclusive), held to con-
tain provisions amounting to a general statute
regulating the dealing in and use of explosives,
with no connection with the title or other provi-
sions of the act relative to the protection and
preservation of fish, and hence to violate Const.
art. 4, § 28.-State v. Hurley, 167 S. W. 965.
§ 125 (Mo.) The title of the nonpartisan judi-
ciary act is sufficient, within Const. art. 4, §

Drabelle, Id. 1016.

§ 226 (Mo.App.) Where a statute is adopted
from another state, it is presumed that it was
intended to adopt the construction there made,

and hence decisions of the state from which

the statute was adopted are at least very per-
suasive, if not binding.-Joplin Supply Co. v.
Smith, 167 S. W. 649.

§ 228 (Mo.App.) The purpose of a proviso in
an act is not to create new rights or to take
away old rights already existing, but to restrict
the preceding portion of the statute of which it
forms a part.-Joplin Supply Co. v. Smith, 167
S. W. 649.

A proviso should be construed with reference.
to the immediate preceding parts of the clause
to which it is attached.-Iď.

VII. PLEADING AND EVIDENCE.

§ 279 (Tex.Civ.App.) The charter powers of a
city granted to it by public act need not be
pleaded in an action by it.-O'Connor v. City
of Laredo, 167 S. W. 1091.

1908, April 22, ch. 149, 35
Stat. 65..... .83, 279, 933
1908, April 22, ch. 149, §
1, 35 Stat. 65.
1908, April 22, ch. 149 (§
9 added by Act 1910,
April, 5, ch. 143, § 2, 36

1295

CIVIL CODE OF PRAC-

TICE.

§ 71

22

.1026

587

$ 92

891

$$ 98, 101

384

§ 118

....

1913, p. 334..

.1008

..1026

$ 120

381

TENNESSEE.

131

317, subsec. 6.

146

344

427 $6433

CONSTITUTION.

973

451

375

489

Art. 6, § 14....

867

490, subsec. 2.

463

§§ 493, 497..

SHANNON'S CODE.

§ 598

942

8718 498-500

.1182

606

$ 667

.674, 919 1911, p. 89.

415

500

$4702

695

.1042

$$ 5078, 5088.

111

8 679

426 § 1795, 1800..

593

$$ 5090, 5111.

695

1848

.1142

$5919

689

.1123

1890

..1039

LAWS.

§§ 271-274

427 $8 1905, 1912.

.1042

1897, ch. 78. Amended by

1921

.1119

Laws 1905, ch. 414.

864

582

1905, ch. 414..

864

1907, ch. 82, § 8.

474

1191, p. 140..

535

1907, ch. 602, § 2,

$2038

sub-

.443, 1182

sec. 2..

113

STATUTES 1909.

§ 2048

429 1911, ch. 32.

859

88 69-73

$ 2074, 2078.

375

2081

448

426

2082

470

420

2294, subsec. 7..

.1119 1913 (2d Ex. Sess.) ch. 1 867
552 1913 (2d Ex. Sess.) ch. 2 689

.643, 1155 1913 (2d Ex. Sess.) ch. 2,

649

768, subsec. 5..

875

§ 4..

689

2344

649

$784

132

2389

532

§ 1067

411

2415

593

§ 1307

381

$2543

974

$$ 1471, 1482.

893

$ 2778

645

TEXAS.
CONSTITUTION.

1596a

.404, 426, 928

§ 2783

1745

375 $2784

.1176

§§ 2036, 2038.

4112859

974

Art. 1, § 19..

192

§ 2219

$2353

§§ 2480-2486

§ 2514

2515

2543

898 $$ 2868, 2869.
685 $ 3145

384

§ 3163

124 § 4462
148 4472
1244496

447

Art. 3, § 44..

219

.1160

Art. 5, 8..

173

153

Art. 5, 11..

308

535

Art. 10, & 1..

822

573

Art. 16, § 23..

363

526

Art. 16, §§ 50, 52.

210

3744530

516

Art. 16, § 58..

776

1314572

591

.139,

3965115
676 5231

980

CODE OF CRIMINAL
PROCEDURE 1895.

3860

1485243
1245263

4077

552

88 4148, 4151, 4152,

PROCEDURE 1911.

4154 905

429

88 4226, 4230a.

.872, 909

§ 5862

.1008

4303

687

6283

505

Art. 87

342

4372

520

Art. 743

366

4426a, subsec. 3.

426

Art. 743.

965

Amended by

§ 4643

683

6948

1162

Laws 1913, ch. 138..

360

7068

Art. 772

1047

244

578

Arts. 794, 795.

56

$$ 7238, 7239.

..1050

7404

1906, ch. 79.

396

612

PENAL CODE 1911.

7412

1910, ch. 44. Amended by

7413

Laws 1914, ch. 1...

937

.598, 612 Art. 606
598 Art. 750

353

.1112

7615

1912, ch. 48.

905

.598, 612 Art. 815

301

§ 7828

1912, ch. 137, §§ 26,

28,

29, 31.

396

§ 8304

973 Art. 1131
1081

733

1912, ch. 146..

374

$$ 8862, 9110..

.1155 REVISED STATUTES 1911.

1914, ch. 1..

937

.1145

§ 9347

995 Arts. 986-988

348

§ 9403

608

Art. 1068

292

9407

1166

Art. 1194

1

MISSOURI.

CONSTITUTION.

573
.573, 631
999
28....500, 965, 1008

Art. 2, 30.
Art. 4,

Art. 4, 53, subsec. 32...1008

REVISED STATUTES 1855.

Ch. 2, art. 3, § 25....... 533

.1139 Arts. 1231, 1235.

183

1186

Art. 1521, subd. 6. Amend-

ed by Laws 1913, ch. 55

35

658

Art. 1585

1

955

Art. 1589, subd. 3.

Arts. 1636, 1639.

35

Art. 1829. Amended by

Laws 1913, ch. 127...

792

965 Art. 1830

1

500 Art. 1830, subd. 26.

801

209

199