SHADE TREES. Measure of damages for destruction, see Damages, & 112. SHARES. Of corporate stock, see Corporations, §§ 90, 123. See Game, § 7. SHIP. See Statutes, § 93. SPECIAL PRIVILEGES. Grant of special privileges or immunities, constitutional prohibition, see Constitutional Law, § 205. SPECIAL PROCEEDINGS. See Certiorari; Habeas Corpus; Mandamus, For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER Application for liquor license, see Intoxicating | Hearsay, see Evidence, § 317. Liquors, §§ 75, 77. Condemnation proceedings, see Eminent Domain, § 246. Establishment of boundaries, see Boundaries, §§ 46-48. SPECIAL TAXES. For drains, see Drains, §§ 70-91. SPECIAL VERDICT. See Trial, 359. SPECIFIC LEGACIES. Construction of will, see Wills, § 753. SPECIFIC PERFORMANCE. II. CONTRACTS ENFORCEABLE. § 64. On sale of land, with an agreement by vendee to lease the buildings to vendor, where by a mistake the lease is not executed when the deed is made, the agreement to lease will be specifically enforced.-Jacoby v. Viele (Neb.) 1006. IV. PROCEEDINGS AND RELIEF. § 114. A complaint in an action for specific performance held not to state a cause of action. -Hobart v. Kehoe (Minn.) 66. § 121. In an action for specific performance of a contract for the purchase of land for plaintiff, to be paid for by defendants' decedent, evidence held to sustain a decree for plaintiff. -Olson v. Hanika (Neb.) 1005. . SPECULATIVE DAMAGES. See Damages, § 26. SPEED. Of case or facts for purpose of review, see Appeal and Error, §§ 560-574. Of loss under insurance policy, see Insurance, §§ 539, 553. Of mechanic's lien, see Mechanics' Liens, §§ 132, 157. Of plaintiff's demand, see Pleading, §§ 381⁄2-46. STATES. Concurrent and conflicting exercise of police Constitutional guaranties as to privileges and Interstate extradition, see Extradition, §§ 30- Legislative power, see Constitutional Law, §§ Power to protect and regulate fish, see Fish, § 8. II. GOVERNMENT AND OFFICERS. Control by Legislature, of acts, rights, and liabilities, of municipal corporations, see MuMandamus to state boards or officers, see Mannicipal Corporations, § 64. damus, §§ 63-77. III. PROPERTY, CONTRACTS, AND LIABILITIES. Lands under navigable waters, see Navigable STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. Of trains, title of ordinance regulating, see Mu- See Limitation of Actions. nicipal Corporations, § 112. SPIRITUOUS LIQUORS. STATUTES. Regulation of manufacture and sale, see In- For statutes relating to particular subjects, see toxicating Liquors. SPOLIATION. Of instruments, see Alteration of Instruments. STALE DEMANDS. Laches in general, see Equity, § 87. STAMPS. the various specific topics. Charging statutory offenses, see Indictment and Constitutionality in general, see Constitutional Laws denying due process of law, see Constitu- Laws denying the equal protection of the laws, see Constitutional Law, §§ 230-240. Laws interfering with personal rights, see Constitutional Law, §§ 83, 87. Municipal ordinances, see Municipal Corporations, $$ 110, 112. Trading stamp enterprise as lottery, see Lot- Statute of frauds, see Frauds, Statute of. teries, §§ 2, 14. or manager to fail to pay a fee for inspection, | V. REPEAL, SUSPENSION, EXPIRAthough in violation of Const. art. 1, § 19, proTION, AND REVIVAL. hibiting imprisonment for debt, held not to invalidate the remainder of the act.-Hubbell v. Higgins (Iowa) 914. § 64. The inclusion in a statute of articles not subject to classification with articles which are so subject does not invalidate the act as to the articles properly subject to classification.State v. Standard Oil Co. (Minn.) 527. § 64. That part of Laws 1907, c. 557, relating to the mixtures of syrups, molasses, and glucose is a separate and independent clause, and wholly distinct from that preceding it, and may be made operative and enforced without the other.-McDermott v. State (Wis.) 888. § 64. The invalidity of a part of a statute does not render another part invalid, where the two parts are separable.-McDermott v. State (Wis.) 888. II. GENERAL AND SPECIAL OR LO- Repeal of statutes relating to particular sub- See Intoxicating Liquors, § 132. 158. Repeals by implication are not favored, and are never permitted if they can be avoided by any reasonable construction of the statute.-People v. Thompson (Mich.) 466. § 158. It cannot be presumed that the Legislature intended to repeal a law when no reference is made to it in the later act, unless the intent is clear.-People v. Thompson (Mich.) 466. § 159. The later expression of the Legislature will govern if there is any inconsistency.People v. Thompson (Mich.) 466. § 159. Methods whereby a statute may be repealed stated.-Edwards v. Auditor General Grant of special privileges or immunities, see (Mich.) 853. § 93. The classification of communities under the primary election law with reference to the density of population is within the discretion of the Legislature.-State v. Scott (Minn.) 70. III. SUBJECTS AND TITLES OF ACTS. § 109. An amendment does not violate Const. art. 4, § 20, requiring the object of an act to be expressed in the title, if it might have been incorporated in the act under its original title. -Westgate v. Adrian Tp. (Mich.) 422. § 109. Any provisions germane to the subject expressed in the title may be included in the act, or added thereto by amendment, if the title fairly expresses the subject.-Westgate v. Adrian Tp. (Mich.) 422. § 1102. Laws 1907, c. 269, relating to monopolies, held not violative of Const. art. 4, 8 27.-State v. Standard Oil Co. (Minn.) 527. § 118. The object of Pub. Acts 1893, No. 156, as amended by Pub. Acts 1897, No. 213, held expressed in its title.-People v. Loomis (Mich.) 985. § 123. The subject-matter of Pub. Acts 1903. No. 71, amending Pub. Acts 1887, No. 145, held included within the title of the original act. Westgate v. Adrian Tp. (Mich.) 422. $123. That the Legislature abridged a right of action against a township for injuries sustained by its negligence, by amendment to an act other than that giving the right of action, would not affect the validity of its action.Westgate v. Adrian Tp. (Mich.) 422. IV. AMENDMENT, REVISION, AND CODIFICATION. § 141. Pub. Acts 1897, No. 213, amending Pub. Acts 1893, No. 156, held not to violate the constitutional provision prohibiting the amendment of a law by reference to its title alone.-People v. Loomis (Mich.) 985. VI. CONSTRUCTION AND OPERA TION. Construction to avoid unconstitutionality, see Scavenger tax law, see Taxation, § 727. (A) General Rules of Construction. Construction as mandatory or directory of act requiring signature to evidence before grand jury, see Grand Jury, § 40. Of lien laws, see Mechanics' Liens, § 5. $$ 174, 175. In construing a statute, the court will not allow judicial interpretation to usurp the place of legislative enactment.-State v. Reusswig (Minn.) 279. $ 225. In construing a statute the court must endeavor to ascertain the legislative intent, and to give it effect by construing the statute in connection with all relevant statutes.-State v. Reusswig (Minn.) 279. 1907, c. 90), anti-pass act (Laws 1907, c. 93), $ 225. The railroad commission act (Laws and the two-cent fare act (Laws 1907, c. 92) held to follow the mandate in Const. art. 11, § 7, and to be in pari materia, so that they must be construed together.-State v. Union Pac. R. Co. (Neb.) 859. § 225. A special statutory provision must be construed as an exception to a general provision with which it conflicts.-Edwards v. Auditor General (Mich.) 853. § 226. The courts of one state are not bound by the constitutional construction placed upon a law by the courts of the states from which the law came.-In re McKennan's Estate (S. D.) 611. (B) Particular Classes of Statutes. Scavenger tax law, see Taxation, § 727. (D) Retroactive Operation. Constitutionality of retroactive and ex post fac to laws, see Constitutional Law, §§ 190–200. VII. PLEADING AND EVIDENCE. Presumptions as to laws of other states, see Evidence, § 80. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMLER |