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74ities, such averment being treated as mere mat-
Picb condition of one of the kinds, as furnished, to opinion, and resting on the future, and are
» are unmerchantable, but, there being evidence

SALE.

| levy, was presented with a bill for freight and

delivery charges on goods ordered before his
See, also, “Vendor and Purchaser;" "Fraudu- insolvency, by the collector of a city transfer
lent Conveyances."

company, to which he had given a general or-
iChange of possession, see "Fraudulent Convey-

der to transfer goods shipped to him from the

depots to his store. He refused to pay the
ances," 10.
*** On execution, see "Execution," 4, 5.

bill, or receive the goods, explaining his rea-
Purchase pendente lite, see "Lis Pendens."

sons, and advising the collector that the goods
Validity of contract, see "Frauds, Statute of,” 5. pany, however, delivered the goods at his old

should be returned to the seller. The com-
Sovereig Change of possession as against cred- place of business, and accepted payment of the
itors.

charges from the sheriff in possession, who

forthwith levied on them. Held, that the trans-
1. A change in possession of barrels of fer company was not the merchant's agent to
whisky, as against attaching creditors of the take and keep the goods, so that the delivery
"; seller, is not accomplished by rolling them to it would end the transit, and, on demand,

apart from the rest of the stock in the seller's the seller was entitled to the right of stoppage
store, and marking them with the buyer's brand, in transitu.--Weber v. Baessler, (Colo. App.) 34

-the latter having then no room for them in his P. 261.
2013 store, but agreeing to remove them in a few

days.--and the good faith of the parties is im- Action for price.
Ire:

material. – Burchinell v. Weinberger, (Colo. 9. A complaint alleging ihe sale to defend-
1st... App.) 34 P. 911.

ants of plaintiffs' right, title, and interest in
**!!Revesting title in seller-What is nec. and to certain personal property, and seeking

recovery of part of the purchase money, is not
essary.

defective for failure to define plaintiffs' right
2. Where one who has sold and delivered of the ownership of the property.-Duzan v.
goods on credit takes them back in payment of Meserve, (Or.) 34 P. 548.
the price, the transaction is not a rescission of 10. The allegation of the complaint that de
the sale, as the sale has become complete, and fendants took possession of the property under
the title has vested, but is a resale by the buyer the contract is not open to the construction

to the seller, and therefore within Gen. St. § that defendants took tortious possession thereof.
**: 1454, making a sale invalid as against cred--Duzan v. Meserve, (Or.) 34 P. 548.

itors and innocent purchasers, where the ven 11. In an action for the price of a threshing
! Lidor retains possession, unless a bill of sale is machine, where the questions whether a ma-

recorded.-- Whiting Manuf'g Co. v. Gephari, chine sold was as represented by the seller,
(Wash.) 34 P. 161.

and whether there had been a return of the
8. Even if this could be held a mere reo machine by the purchaser and a rescission of
scission, it could not be so held where part of the contract were involved, testimony that the

the goods had been disposed of by the buyer, seller had received it back, and sold it to an-
Lady and the seller took back only the remainder, as other, in substantially the same condition, six

the original sale could not be divided up into years afterwards, and that it was then de-
separate contracts of purchase of the different fective in construction, and therefore unfit for
articles. Whiting Manuf g Co. v. Gephart, the use for which it was intended, was ad-
(Wash.) 34 P. 161.

missible as tending to show that it was de
Warranty.

fective and unfit for use when first sold.-C.
4. The fact that a contract for the sale of Aultman & Co. v. Miller, (Kan.) 34 P. 404.
certain engines located at certain places, which
the purchasers have seen and approved, de Buyer's rights and remedies.
scribes them as of certain horse powers named,

12. In an action for breach of a contract of
does not render the seller liable in damages if sale, whereby plaintiff agreed to convey and
they prove to have less than such named capac- transfer to defendant, at a certain date and for

a consideration named, certain described prop
sati ter of description.-Kleeb v. Bard, (Wash.) 34 erty, an allegation by plaintiff that he owned
.

such property at the date of the contract is im-
5. Where the contract for the sale of a material.-Kleeb v. Bard, (Wash.) 34 P. 138.
quantity of dates, of two kinds, makes no dis 13. Statements by the owner of a mining
tinction as to the respective values of the two lease to one about to purchase an interest that
kinds, evidence is incompetent, in an action for he was about to go east, and could dispose of
the breach of warranty of the merchantable the lease at a profit, are speculative matters of
show that such kind was not worth as much as not such fraudulent statements as could in-
the other kind.-Levi v. Dimmick, (Cal.) 34 P. validate the sale. --Beard v. Bliley, (Colo. App.)
79.

31 P. 271.
6. The fact that part of a lot of potatoes

14. A statement that he and other lessors
contracted for as "merchantable" have "sprout had secured an extension of the lease is not of
ed a little” does not necessarily show that they a character to vitiate the sale. where there

was an agreement for an extension which was
that the lot in question were salable for table afterwards indorsed on the lease.-Beard v.
use or shipment, the question whether the pur- Bliley, (Colo. App.) 31 P. 271.
chaser was justified in refusing to receive them 15. A false statement that the mine was
is for the jury.-Marshall v. Keefe, (Cal.) 34 paying expeuses, a fact which the owner alone
P. 89,

had knowledge of, would render the sale void,
Warranty of title - When right of ac- the statement heing the inducement for the

purchase. --Beard v. Bliley, (Colo. App.) 34 P.
tion accrues.

271.
7. The vendee of a chattel cannot recover 16. Where there are grounds for rescission
from his vendor on the implied warranty of of a sale by the purchaser, the fact that he de
title, when it appears that not he, but his ven- lays returning a portion of the property is im-
dee, was dispossessed of the chattel by the material if, when it is returned. it is accepted
legal owner, and that he has not reimbursed by the other party without objection as to
such second vendee, or been made liable by time.-C. Aultman & Co. v. Miller, (Kan.) 34
him for the value of the chattel.--Myers v. P. 404,
Bowen, (Colo. App.) 34 P. 585.
Stoppage in transit,

Sanitary Districts.
8. A merchant, having become insolvent,
and lost possession of his stock of goods by Police power, see "Constitutional Law," 22.

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87743A

Satisfaction

Compensation.

1. Laws 1891, c. 9, $$ 1, 3, provide for See "Compromise;" “Payment;” “Release and issuance of a liquor license by certain of the Discharge."

county or city officials on payment by the i,

plicant therefor of the fee to the county 0. SCHOOLS AND SCHOOL DIS urer to be credited to the school fund. Go

Laws 1884, 88 2903, 2904, provide for ass TRICTS.

ment of license fees and collection be tbe som

iff. Held that, under the Laws of 1891, tbsp School lands, see “Public Lands," 7-11.

is no provision for the collection of the ve Investment of school fund.

fee by any person, and, where the sherit A school district is a municipal corpora- to no commission thereon.-Board of Edredi

untarily collects the license_fee, he is ett* tion, within the meaning of Const. art. 16, 85; of Socorro v. Robinson, (N. M.) 34 P. 25, which directs that the permanent school fund "may be invested in national, state, county or 159,) & 9, relating to sheriff's fees, process

2. Act March 5. 1870. (St. 1Sotill municipal bonds. Hoyt, J., dissenting.--State

that the sheriff is entitled to receive . Grimes, (Wash.) 34 P. 836.

every mile necessarily traveled in going ce

in executing any warrant of arrest, Service of Process.

or for mileage in any criminal case or pron

ing, * thirty cents.” St. 1887. D.**, See "Writs," 1.

$ 211, provides that the fees provided in te

act shall be in full compensation, “protiv SET-OFF AND COUNTER

further, that the board of supervisors shia

low to the sheriff his necessary expene* CLAIM.

pursuing criminals or transacting any en

business without the boundaries of his po When allowable.

ty.” Held, that the sheriff was not entilaj 1. Defendant agreed to pay the debts of mileage while unsuccessfully hunting fie plaintiff corporation, and, as security, plaintiff caped prisoners for whose arrest he had conveyed to her all its notes, and accounts, bara, 3 P. 877, 65 Cal. 257, followed.-Oier

Broughton v. County of Santa Is merchandise on hand, and all its property, with certain exceptions. It was agreed that v. Tulare County, (Cal.) 34 P. 519. plaintiff should endeavor to sell the merchan

8. Where a sheriff arrests two or more info dise, and apply the receipts to the payment of sons at the same time he is not entitled to defendant, and that the property conveyed to mileage at such statutory rate for each pa defendant should not be sold ať less than its arrested.-Overall v. Tulare County, (Cal cost to plaintiff, without the consent of plain

P. 519. tiff's directors. 'Subsequently, defendant, with Retaining property until payment of out plaintiff's knowledge, sold a portion of the

fees. goods, and plaintiff sued for conversion. De fendant, for answer, set up the whole agree

4. In order to justify a sheriff in retai. ment; alleged performance on her part, and for his fees, after notice of the filing of the that there was due her, above the value of the bond, property levied on, he should, on de and property sold, a large sum; and prayed an ac

for the property, state the amount of his counting. Held, that such answer was a prop- and offer to return the property on NTE er counterclaim, within Code Civil Proc.'s thereof.-Sam Yuen v. McMann, (Cal.) 31 PM 438, providing that “a cause of action arising Liabilities. qut of the same transaction" may be so set up, and the fact that plaintiff alleged no facts to

5. Where a plaintiff seeks to ampre show that the counterclaim arose out of the sheriff, for failure to return an execution, the same transaction did not prevent defendant execution must conform strictly to the is from setting out the entire transaction, and ment rendered, and if additional costs. thus showing the relation of her claim thereto. have accrued subsequent to the renditio persone -Story & Isham Commercial Co. v. Story, (Cal.) judgment, are to be included in the election 34 P. 671.

they should be indorsed upon or be r

to in the execution as additional costs.-Gleaso Pleading.

v. Itten, (Kan.) 31 P. 392. 2. On a petition for the sale of decedent's 6. The supreme court, at a prior tern, land to pay a debt due petitioner, a claim that Pac. 200.) decided that plaintiffs were easi the debt had been paid by petitioner's use and to the possession of certain mining claiz:. :1. occupation of a portion of the estate is a counter- ordered that they be put into possession, $! claim, which must be pleaded.-In re Couts' the court below thereon issued a writ of res, Estate, (Cal.) 34 P. 865.

tution. The sheriff made return to the **

*that he found parties in possession of the Settlement.

premises that were not parties to the suit, aal who were claiming the premises by locating

The sbar See. "Compromise;" “Payment;” “Release and der the laws of the United States. Discharge."

iff was cited to show cause why he did 14 FI

ecute the writ of restitution, to which he rate Between partners, see “Partnership,” 2. By executors, see “Executors and Administra- Held, that the sheriff was not entitled to

answer that plaintiffs refused to indemnify tn tors," 10.

demnity.-Ah Kle v. Gregory, (ldaho.) 34 P.

812. Severable Contracts.

7. In an action on a sheriff's bond for de

tention, after the giving of an appeal aal sint See “Contracts," 14.

bond, of property levied on under execution. A

letter of the sheriff offering to return part 1 SHERIFFS AND CONSTABLES. Yuen er. MIC Nann, (Cal.) 34 P. 80.

of the property was properly excluded.-Conditions precedent to action against surety Liability for seizing mortgaged prop

on constable's bond, see “Principal and Surety,”? 9.

erty. Liability in assumpsit for illegal fees retained, 8. Where a constable remores property on See "Assumpsit," 1, 2.

der attachment against the mortgagor thrret Right to carry weapons, see “Carrying Weap after having notice of the mortgagee's right Olis."

possession, he is a trespasser, and liable there

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for on his official bond.-Newman v. People, STATES AND STATE OFFI-
(Colo. App.) 34 P. 1006.

CERS.
Powers of deputy.

9. Under Code Proc. $ 59, providing that Removal of officers by governor, see "Office and
the clerk of court or his deputy, "and the sher Officer,” 3-5.
iff and auditor," shall place the jury ballots
in the box, and section 61, providing that, if Admission of new states—Terms of ad-

the sheriff or auditor or both shall not attend mission.
2 and assist, the clerk may call in such other 1. An act of congress enabling a territory

county officer or officers as he may choose, the to become a state has no binding force on the
deputy sheriff cannot serve in the sheriff's people of the territory until they have adopted
place, without vitiating the panel. Section 80, a constitution, and the territory has been ad-
giving the deputy all the powers of the sheriff, mitted into the Union; and then, if, by their
and authorizing him to perform any of the constitution, the people have expressed no dis-
duties prescribed by law to be performed by sent from any proposition contained in the en-
the sheriff, does not apply to such extraordi- abling act, they are bound by its provisions.
nary duties.-State v. Payne, (Wash.) 34 P. 317. But if the constitution contains any modifica-

tion of any of the provisions of the enabling
Silence.

act, and the state has been formally admitted

by the president and congress into the Union,
Estoppel by, see “Estoppel," 11.

the modified provisions are to be taken as the

existing contract between the state and the fed-
Special Laws.

eral government.-Romine v. State, (Wash.) 34

P. 924.
See “Constitutional Law," 7-10.

2 Act Cong. Feb. 22, 1889, enabling the

territory of Washington to come into the Union,
Special Venire.

required (sections 10, 11) the public lands pre-

viously reserved by Act Cong. March 2, 1853,
See "Jury," 6-8.

for school purposes to be disposed of by the

state in a specified mannet. The constitution
SPECIFIC PERFORMANCE.

adopted by the people pursuant to such act con-

tained a provision (article 16, 8 2) empowering
Adequate remedy at law.

the state legislature to confirm all previous sales

of school lands made in good faith. Held that,
1. Specific performance will lie at the in- whether or not it was the intention of congress,
stance of the vendor to enforce a contract for by the enabling act, to repudiate, as unauthor-
the purchase of land where he alleges and ized, all sales of school land made by the terri-
makes tender of a deed therefor, since the de tory, the state of Washington could not question
cree will compel the acceptance of the deed as the title of such purchasers, subsequently con-
well as the payment of money.-Johnston v. firmed by the state legislature, since the above
Wadsworth, (Or.) 34 P. 13.

constitutional provision, under which the state
Contracts enforceable.

was admitted, modified the proposition in the
2. Where, as an inducement to plaintiff enabling act.-Romine v. State, (Wash.) 34 P.
to purchase land through defendant, the latter

924.
gives him a contract by which he agrees to Liabilities-Counsel fees.
buy the land from him within a certain time 3. Gen. St. § 1813, makes it the duty of
if plaintiff so desire, such contract is not void the state comptroller to institute and prosecute
for want of mutuality. – Johnston v. Wads- | all suits to recover the debts and moneys of
worth, (Or.) 34 P. 13.

the state, and an annual appropriation for the
3. Defendant agreed to furnish the neces- purpose of enforcing the collection of the reve
sary stone for a church building to be erected nue is placed under his control. Held, that
by plaintiff, and to perform the masonry work, only the comptroller could employ counsel to
but after doing two-thirds of the work, and be assist the attorney general in suing for delin-
ing paid a much larger proportion of the stip- quent taxes so as to create a valid obligation
ulated price, became insolvent, and was unable payable out of such appropriation. — State v.
to perform his contract. The stone required | Horton, (Nev.) 34 P. 316.
was of a peculiar kind and color, and could be 4. The fact that counsel rendered services
procured only from defendant's quarry, and to in such case, and that his claim therefor was
use other stone to complete the building would approved by the board of examiners, does not
destroy its beauty and harmony. Held, that entitle him to recover, as Gen. St. $ 1811, pro-
defendant should be compelled to furnish the vides that no claim for services rendered to the
stone necessary to complete the building, and to state shall be allowed unless such services
permit plaintiff to enter on his premises to pro- have been specially authorized by law.-State
cure such stone, and to use his derricks at the v. Horton, (Nev.) 34 P. 316.
quarry and the church building in quarrying, Limitation of indebtedness.
transporting, and raising the stone.-Rector, 5. Act April 17, 1893, providing for pay-
etc., of St. David's Church v. Wood, (Or.) 34 ment of materials and labor in the completion
P. 18.

of a state canal by certificates of indebtednese
Parol contracts.

to be issued by the state auditor, which may
4. Plaintiff, who purchased land, paying be accepted by the state in payment for car-
part cash, the balance payable within a year, riage of water or for lands, but shall not be a
under oral agreement that he should have a

claim against the state, cannot violate the con-
deed thereof on final payment, cut wood on the stitutional provision limiting state indebted-
land for fuel, but never entered into posses- ness, as it permits of no such indebtedness. -
sion. Before the year expired, his grantor In re Canal Certificates, (Colo. Sup.) 31 P. 274.
conveyed the land to defendants, who verbally Funds applicable to payment of claims.
agreed to carry out his contract with plaintiff. 6. Where, during a certain fiscal year, the
Held an insufficient part performance by plain-
tiff to warrant a decree compelling defendants governor offers a reward for the arrest and
to convey the land to plaintiff.–Fulton v. Jan- conviction of certain criminals, and they are

arrested during such year, but not convicted
sen, (Cal.) 34 P. 331.

till the following year, after the unused funds

appropriated for rewards for such previous
State Legislature.

year have been transferred by the state treas-

urer to the general fund, as required by law,
Submission of questions to courts by governor the state auditor cannot be compelled to issue
and legislature, see "Courts," 1.

a warrant, in favor of the person entitled to

such reward, on the fund appropriated for re- such seal to and countersisn commissie wards for such previous year.-State v. Cook, sued by the governor to a person app (Mont.) 34 P. 770.

him to the ottice of fish commissouer les Funds applicable to payment of claims in his judgment, the gurernor has no are -Payment of officers.

to make the appointment. - Siate . Barza

(Wyo.) 34 P. 1028. 7. Sess Laws 1890–91, c. 33, § 30. directs unclaimed estray moneys to be paid into the general fund; and section 33 requires the

Statute of Frauds. payment of expenses of inspection, and of the See "Frauds, Statute of," commission and its servants, out of the inspection fund "hereinbefore providel," and nerer out of any other. Section 36 appropriates for

Statute of Limitations. the inspection fund, for two years, $10,000. See “Limitation of Actions." Under the 1888 law the estray moneys had been paid into the inspection fund, and used for said expenses, no other appropriation being

STATUTES. made. The 1820 law directed the moneys to be covered into the general fund, and appropriated. See, also, "Constitutional Law." $10,000 for the expenses for one year. Held, Applicable at option of county, see "Coa that the 1890-91 law intended the estray mon

ties," 6. ers to become ultimately part of the inspection When construed as directory merely, see "Un fund, together with the appropriation, and, the nicipal Corporations," 4. latter having been expended, the secretary of Enactment and approval. the board was entitled to be paid his salary from said estray moneys.-State v. Burdick, the secretary of state, in all respects r.

1. An enrolled bill on file in the offre (Wyo.) 34 P. 1.

on its face, bearing the signatures of the year Appropriations.

siding otiicers of the houses of the lenslan 8. Act March 15, 1893, (erenting the state regularly approved by the governor. ant ** board of land comissioners, “making appro- ited in such office, as required by the de priations therefor," etc..) § 3, fixes the salaries tion, is conclusively presumed to have b*** of the members, and that they shall be repaid regularly passed by the legislature-State! all necessary expenses, to be paid monthly, the Jones, (Wash.) 31 P. 201. same as other state oflicers. Section 4 authors Amendment. izes the board to expend a sim not exceeding 2. Civil Code, $ 422, provides that, there $1.800 per annum for clerical work, and re death is caused by the wrongful act of here quires the state auditor to issue his warrant for sion of another, the personal representative the amounts thus expended, and for the salaries deceased may maintain an action theref... of the board, and directs the state treasurer “to deceased might have maintained an action pay the same out of any moners in the state he lived, for an injury for the same art treasury not otherwise appropriated." Held, omission; and the damages recorereal 15 that there was an appropriation for the pay

ure to the exclusive benefit of the wir ment of salaries of such board, within the re. children, if any, or next of kin. Hit* quirements of Const. art. 8, § 4, which provides Civil Code, $ 422n, (Sess. Laws 18VI, e 111, that every law making a new appropriation, or $ 1.) which provides that if no personal **** continuing or reviving an appropriation, shall sentative has been appointed. the actos st distinctly specify the sum appropriated, and its be brought by the widow, or, where there is ** object.State v. Grimes, (Wash.) 31 P. 833.

widow, by the next of kin of deceased. Enjoining threatened acts of officers- not violate Const. art. 2. $ 16, which provide Right of taxpayer.

that “no law shall be revised or amepied 1%

less the new act contains the entire act me 9. A prirate citizen cannot bring a suit vised or the section or sections amended. El against a state board to enjoin the erection of the section or sections amended shail be a public building at a place other than pre- pealed;" since section 422a is not an at scribed by law, unless his burden of taxation ment, but a supplement, to sertion 4-BIT will thereby be increased.--Sherman v. Bellows, v. Kansas City, Ft. S. & M. R. Co., (Kasi S4 (Or.) 31 P. 519.

P. 305. Joinder of officers in action against "no act shali ever be revised or section speed

3. Const. art. 4, $ 22. which prorides that state.

ed by mere reference to its title, but the com 10. The commissioner of public lands need revised or section amendedi. shall be set forth not be joined as defendant with the state in an and published at full length," does not inkre action brought against it to quiet plaintiff's the enactment of a general law which is my title to land acquired from the state.-Romine plete and perfect in itself, and not a mendatang v. State, (Wash.) 31 P. 921.

or revisory in its character, though such ist Appointment of officers by governor - by implication amends other statuses on the Duty of secretary of state.

same subject. State v. Wright, 1. P. IN 1 11. Under Laws 1890-91, c. 95, $ 8, provid- P. 661.

Or. 370, overruled. -Warren v. Crosby, (Op. 34 ing that the secretary of state shall allix the 4. Laws 1893, p. 116, "An act to sartre : stilte seal to and countersign all commissions more convenient mode of making a **** *23 and other official acts required by law to be and of collecting and paying taxia, issued or done by the gorernor, his approval or which by section 9 eliminates from the sp disapproval of acts of the legislature excepted, act incorporating the city of Astoria the pipe and all other instruments, when required or au- visions conferring on such city power to the thorized by the governor," such duty extends to all cases in which the law requires the otheial because it amends suele special act with

sess, levy, and collect all tales, is not i act of the governor to be evidenced by some ung forth in full the section as amendew- \? written instrument subscribed by him.--State ren v. Crosby, (Or.) 34 P. 661. v. Barber, ill yo.) 34 P. 10-8.

12. The appointment by the governor or a Titles of acts. person to the otice of fish commissioner is such 5. The act entitled "An act to provide pe an otlicial act as the law requires to be evi- the branding, heriling and care of stock." denced by a written instrument executed by purpose of the act, as indicated by the mi him.-State F. Barber, (Il yo.) 31 P. 108. care" in the title, being to protect the own

13. Such statuie is mandatory, and the sce- ship of live stock, indicates by its title the sot retary of state bus no right to refuse to atlix i ject-matter of Gen. St. 3190, providing

unishment for stealing cattle.-In re Pratt, , instrument, held by a person living in Kansas
Colo. Sup.) 34 P. 680.

City, void as against creditors levying attach-
6. The subject of the act of March 30, ments, two and three days after the law went
878, providing for the examination, and in cer- into force, on property kept in Thomas county,
ain cases the winding up, of banks by commis- as the holder of the instrument was entitled to
ioners appointed for the purpose, is sufficiently a reasonable time in which to comply with the

xpressed in its title, “The Bank Commission law.- Moline Plow Co. v. Witham, (Kan.) 34
Ers' Act."-People v. Superior Court, (Cal.) 34 P. 751.
?. 192.

Causes of action already accrued.
Jonstruction.

11. Civil Code, $ 422, provides that, where
7 Act March 31, 1891, (St. 1891, p. 223,) a person is killed by the wrongful act of an-
luthorizing the organization and creation of other, an action may be brought within two
sanitary districts throughout the state, and years by his personal representative, for the
empowering such districts to issue bonds for benefit of decedent's family. Civil Code, $
he construction of sewers and drains, is with 422a, which was subsequently enacted, provides
n the police power of the legislature; and the that, if no personal representative is appointed,
courts will not assume that the act must in an action may be brought by, the widlow. if
elude cities and towns, and is therefore in vio- there be one. Held, that a widow could bring
ation of Const. art. 11, 88 6, 11-13, which pro- an action where her husband was killed before
bibit the legislature from interfering with the the enactment of section 422a, and no repre-
municipal functions of the different cities and sentative was appointed, provided she brought
towns within the state.- Woodward v. Fruit- it within two years; since section 422a did not
vale Sanitary Dist., (Cal.) 34 P. 239.

create a new cause of action.-Berry v. Kansas
Inconsistent acts.

City, Ft. S. & M. R. Co., (Kan.) 34 P. 805.
8. Two inconsistent acts were passed at Effect of partial invalidity.
the same session of the legislature, and were 12. The object of Act April 17, 1893, being
approved on the same day. One act contained to expedite the completion of a canal authorized
an emergency clause, and went into effect im- and sanctioned by previous acts, the provision
mediately on its approval, while the other was for issuance of certificates to be accepted in
without such clause. and did not take effect payment of the carriage of water may stand,
until a later day. Held, that the act containing though that as to land is invalid.-In re Canal
the emergency clause would prevail over the Certificates, (Colo. Sup.) 34 P. 274.
other. - Heilig v. City Council of Puyallup, 13. A statute providing, as its sole object,
(Wash.) 34 P. 164.

for the dissolution of incorporated towns and
Operation and effect.

cities, for the purpose of annexing their terri-
9. An act changing the method of assessing in for determining such action by the vote of

tory to another city, is void if a provision there-
property for taxation in cities of the third class, the taxpayers is unconstitutional. — Town of
which took effect after an assessment for that Valverde v. Shattuck, (Colo. Sup.) 34 P. 947.
year under the old law might have been made,
but before it was in fact made, applies to the Repeal.
assessment for such year, though it does not 14. The rule that a special act, into which
operate retrospectively.--Heilig v. City Council any part of an existing general law has been in-
of Puyallup, (Wash.) 34 P. 164.

corporated, is not affected by the repeal of the
10. Sess. Laws 1889, c. 255, making void as general law unless the repealing act refers in
to innocent purchasers or creditors of the ven- express terms to the special act, applies only
dee all instruments “now in existence or here- where some particular general law, or a section
after executed, evidencing the conditional sale thereof, is referred to in the special act, and not
of personal property, and that retain the title to cases where the special act makes no such
to the same in the, vendor until the purchase particular reference, but merely to the "exist-
price is paid in full," unless deposited in the of- ing general law," or to the "general law now
fice of the register of deeds of the county in in force."-Newman v. City of North Yakima,
which the property is kept, does not render such '(Wash.) 34 P. 921.

924 3 2326.

STATUTES CONSTRUED.
UNITED STATES. Feb. 22, 1899, 88 10, 11 With Cherokee Nation,

(25 Stat. 679).

924 1866 (14 Stat. 801)... 371
CONSTITUTION.
19 Stat. 267..

96
Amend. 6..
533

CALIFORNIA.
Amend. 7.

.43, 66

Revised STATUTES.
Art. 3, § 2.
689

CONSTITUTION.
Art. 16, 82.

$8 503, 711...
921

699
$ 1017.
55 Art. 4, 88 24, 25.

493
STATUTES AT LARGE.
$ 1:24.
163 Art. 4, § 26.

98
$ 2263.
081 | Art. 6, § 4.

101
March 2, 1853, ch. 90, (10

2324.
173 Art. 11, $ 5.

716
Stat. 172).

:25 Art. 11, $$ 6, 11-13. 239
July 1, 1862, & 3 (12 Stat.

$$ 2339, 2310.
308 Art. 11. 8 12..

716
501)
55, 59 $8 4045, 4016.

5:33 Art. 13, $ 5.

312
July 27, 1866, $81, 8, 9, 20

$ 5198.
.1049 Art. 14, § 1...

630
(14 Stat. 2.12).

5.92
8 5515.

530
April 20, 1871 (17 Stat. 19) 5:2

CIVIL CODE.
March 3, 1875 (18 Stat.

TREATIES.

§ 123. Amended by St.
482)
838

1891, p. 52.

523
March 3, 1875, $1 (18
With Cherokee Nation, $ 137..

8:39
Stat. 479).
5:33 1828, May 6, art. 2 (7 $$ 158-160.

775
March 3, 1875, $$ 3, 4 (18

Stat. 311)....
3718 171..

8:25
Stat. 182).

.150, 838 With
Cherokee Nation, $ 302..

103
Feb. 25, 1885 (23 Stat.
1833, Feb. 14 (7 Stat. 8 1019.

321
321)
518 415)
3718 1242.

677
July 6, 1886 (24 Stat. 123) 592 With Cherokee Nation, $ 1205.

1055
July 30, 1886 (2+ Stat. 1835, Dec. 29 (7 Stat. $ 1307.

513
171)
559 479, 480)..
371 88 1384, 1402.

667
March 3, 1887, 88 17, 26 With Cherokee Nation, 88 1415, 1116, 1418, 1419.. 3:24
(24 Stat. 635).
59 1816 (9 Stat. 871)...... 380 g 1511...

216

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