SINGLE SUBJECT OF STATUTES (continued) -

a subject includes incidents and subsidiary details, § 93.

what an act of incorporation may include, § 94.

illustrations, showing what details and incidents are germane, §§ 94,
95, 96.

includes abolition of things inconsistent, § 97.

a plurality of similar subjects may be grouped and constitute a single
subject, § 98.

but if individualized in treatment there is no unity, § 98.

a curative act may apply to many instruments or proceedings, § 99.
one act may relate to all or a portion of the courts of a state, § 100.
under title to amend an act, only provisions can be included which
might have been included in the act amended, § 101.
curative provisions would make the act double, § 101.
provisions not germane to or outside the title, void, §§ 102, 170.
effect of including more than one subject in act and in title, § 103.

"SINGLE WOMAN”—

may be made by context and manifest intent to include married woman,
$418.

SOVEREIGNTY-

every nation possesses exclusive within its own territory, § 13.

what it extends to, § 13.

all residents subject to it, § 13.

local law governs acts done, contracts made, etc., § 13.

how change of, affects the laws, § 19.

is in the people, § 41.

grant of right to sue state strictly construed, § 386.

SPECIAL LAWS-

prohibition of in constitution, § 116.

object of prohibition, §§ 120, 127.

definition, § 120, 127.

local laws are special as to place, § 127.

legislature has power to pass special and local laws in the absence of
constitutional inhibition, § 119.

invalidity of unequal special laws, § 119.

prohibition of, on enumerated subjects is an implied requirement of gen-
eral laws, §§ 126, 127.

individual cases of enumerated class cannot be provided for, §§ 126, 129.
curative laws cannot be passed, § 130.

STARE DECISIS --

statutory constructions should be adhered to, §§ 310, 312.

when a point has been once settled it should be adhered to, § 313.

to give stability to law, § 313.

precedents have effect on legal science as experiments in philosophy,
§ 313.

decisions have effect beyond the particular case, § 313.

they become authority, § 313.

the highest evidence of what the law is, § 313.

STARE DECISIS (continued) —

distinction between precedents which are rules of property and those
which are not, SS 314, 315, 317, 318.

will be regarded as a rule of property if its nature is such or will oper-
ate to become such, § 318.

no absolute rule when imperative, § 316.

when departed from there is a thoughtful comparison of consequences,
§ 316.

two grounds for departing from a single decision, § 317.

applicable to constitutions and statutes, § 317.

applies only to decisions on points involved in causes, § 317.

applies not always to the reasoning, but only the conclusion and what-
ever that necessarily involves, § 320.

there is no effect on questions not decided, though they might have
arisen, § 318.

a judicial construction of statutes becomes a part of them, § 319.

and rights which have attached under a construction, especially
under contracts, cannot be divested by a change, § 319.

contract rights are protected by the federal constitution from such im-
pairment, § 319.

a decision of the supreme court is law of the case in its subsequent trial
and proceedings, § 321.

STATE-

bound like a natural person by its contracts, § 472.

its contracts protected from impairment like contracts of private per-
sons, § 474.

STATUTE OF FRAUDS —

applicable to prior contracts, may impair their obligation, § 471.

STATUTE OF LIMITATIONS (see LIMITATIONS).

STATUTES (see REPEALS; TITLES OF STATUTES and SINGLE SUBJECT OF
STATUTES) —

have no extraterritorial effect, §§ 12, 14.

effect of foreign statutes and laws, § 12.

extraterritorial effect in case of colonization, § 15.

continuance after change of sovereignty, § 19.

of states in rebellion, § 20.

domain of federal and state statutes, §§ 21, 22.

statutes of one state foreign to other states, § 22.

state statutes not foreign to general government, § 22.
common-law record of, § 27.

no plea denying admitted, §§ 27, 53.

validity of, how tried, §§ 27, 43, 44, 52, 182.

how question of existence raised and decided, §§ 27, 52, 53, 54.

legislative record, § 28.

parol evidence not sufficient to impeach, § 43.

journals may be consulted for parliamentary history of, § 43.

absence of provision for verifying all proceedings necessary to due en-
actment of, §§ 40, 41.

STATUTES (continued) —

will not be declared void on facts admitted by parties litigant, § 45.
presumed valid, § 46.

operation of, may be made to depend on contingency, §§ 72-74.

or foreign legislation, § 74.

constitutional requirements as to single subject and title, §§ 76–103.
duration of, § 136.

take effect from date of passage unless other date specified, §§ 104, 106.
date of passage is date of last act in process of enactment, § 104.
purpose of specifying future commencement, § 104.

formerly acts of parliament took effect from beginning of session, § 105.
has been changed by statute, § 105.

same rule recognized in North Carolina, § 106.

legislature may fix future day for act to take effect, § 107.

speak from the day they take effect, § 107.

and from the first moment of that day if it be a future day, § 111.
if they take immediate effect, they commence to operate at the precise
time of passage, § 110.

taking effect on publication, § 109.

effect of general statute fixing future date for acts to commence, § 107.
supplemental act taking immediate effect may give such effect also to
the original act, § 107.

constitutional provisions regulating the time of acts taking effect, §§ 108,

109.

are mandatory, § 108.

emergency clause, § 108.

in the absence of emergency clause when required, time of tak-
ing effect not shortened, § 108.

repealing power, § 136.

repeals express and implied, §§ 136-178.

negative statute is one expressed in negative terms, § 139.

affirmative statute is one expressed in affirmative terms, § 139.

what penal laws include, § 142.

where statute changes punishment of common-law offense it is still a
common-law offense, § 142.

specific regulations in general law adopted by general reference in local
act, how affected by subsequent changes, § 390.

courts have no concern with policy or expediency of statutes, § 237.
whether expressed in general or limited terms, legislature to be taken to
mean what it has plainly said, § 237.

a different intent is not thus to be imputed to legislation to serve any
supposed policy or to maintain its validity, § 238.

to be read so as to harmonize and give effect to all their parts, §§ 239–246.
every part to have effect, § 240.

literal import not to govern against evident intention, §§ 241–246.

intention declared in, controlling, § 246.

interpretation of words and phrases, §§ 247-255.

recitals in, effect of, § 194.

value of, in construction, § 247.

1

STATUTES (continued) —

prohibitory statutes not construed on principles of leniency, § 254.
prohibited things not void for their tendency, § 254.

user of words in, § 255.

re-enacted after receiving construction, § 255.

effect of re-enacting with change, § 256.

every change does not indicate change of intent, § 256.
adoption of, by general reference, §§ 257, 390.

confined to object of adoption, § 257.

effect of repeal after adoption, § 257.

effect of incorporating existing statute in a new one, § 257.

not vitiated by bad grammar, § 259.

may be fatally vague and ambiguous, § 261.

in pari materia, §§ 283-288.

to be construed with reference to whole system of which it is a part,
$284.

doubtful provisions not to be construed in conflict with general princi-
ples, § 287.

courts will judicially notice history of act in process of enactment for
certain purposes, § 300.

to be read in view of surrounding facts, § 300.

when object may be learned from another document, § 300.

contemporaneous construction of, § 307.

effect of general usage in construction of, § 308.

practice inconsistent with, cannot repeal, § 308.

should be so construed, if possible, as to make it valid, § 324.

duly authenticated, presumed duly enacted, § 330.

except where by organic law it is provided otherwise, § 330.

expediency and moral justice of, not considered by courts to affect
validity, § 330.

facts assumed by act cannot be disproved to invalidate, § 331.

act creating county cannot be invalidated by disproving required popula-
tion, § 331.

presumed to be intended to have effect and capable of it, § 331.

presumed valid, § 331.

every intendment made in favor of, § 332.

specific prevails over general, § 325.

in derogation of existing law strictly construed, § 333.

public, noticed by courts, § 335.

private, not noticed, § 335.

construed with reference to object or purpose, § 346.

strict construction of, § 346.

construction rests upon many rules, § 347.

penal, strictly construed, § 349.

cannot be extended by implication, § 350.

strict construction applies whether statute refers to description of the

offense, the penalty or procedure, § 352.

revenue laws, how construed, § 361.
for taxation, $$ 362, 363.

STATUTES (continued) —

-

exemption from taxation, or other burdens, § 364.
against common right strictly construed, § 366.

of limitations, § 368.

fixing limitations of right to move for new trial or to take appeal, § 369.
interfering with legitimate industries, how construed, § 370.

creating or increasing liability, § 370.

giving action to widow and next of kin for negligently causing death,
$$ 371, 398.

costs, § 371.

for discharge of insolvent debtors, § 372.

for exemption of property from execution, § 372.

depriving passengers of compensation for injuries who ride on platform,
§ 372.

allowing recovery of damages from intoxication against sellers and
renters, §§ 373-377.

modified expressly or by implication by later legislation, § 287.

doubtful provision not construed to conflict with general principles,
$287.

or fundamental rights, § 290.

object of, has potent influence in construction of, § 292.

state, in federal courts, § 293.

every part of, should have a reasonable effect, § 398.

authorizing persons to sue in forma pauperis, § 398.

construction of insolvent act as to voluntary conveyances, § 419.

act providing compensation of public officers, § 419.

when intended for the protection of purchasers and creditors, not ap-
plicable to others, § 429.

remedial, SS 434, 444.

when declared to be remedial, how construed, § 445.

directory, § 446-453.

mandatory, SS 454-462.

statutory direction to secretary of state to publish, directory, § 452.

to make plan of drainage before directing work to be done, direct-

ory, § 452.

retrospective, §§ 463-482.

curative, § 483, 484.

STATUTORY DEFINITIONS –

apply where a statute does not otherwise interpret itself, § 231.

their general application, § 231.

special statutory definitions exclude all others, § 231.

not applicable to pleadings on the statute to which they apply, § 251.

STATUTORY LAW-

definition of, §§ 6, 7, 8.

what included in, §§ 7, 8, 11.

cannot be extended to govern existing cases, § 11.

has no extraterritorial effect, § 12.

essential that there be a legal legislature, § 26.