§ 105. An option to purchase real property held unenforceable on account of laches.- Marsh v. Lott (Cal.) 968.
$117. A person seeking specific performance of an alleged contract to convey rights as entry- man on public land, after proving a contract to convey part of the land after final proof, which was illegal, could not procure enforcement of the contract alleged.-McMillan v. Wright (Wash.) 176.
§ 127. In a suit for a specific performance, an alternative judgment for damages held erro- neous as resting on defendant's failure of title, which was not established.-Starbird v. Jacobs (Colo.) 872.
§ 128. Under Civ. Code, § 3306, plaintiff, in an action for specific performance, held not entitled to damages.-Marsh v. Lott (Cal.) 968.
SPIRITUOUS LIQUORS.
See Intoxicating Liquors..
SPLITTING CAUSES OF ACTION. See Action, § 53.
Legislative power over municipal corporation, see Municipal Corporations, Public lands, see Public Lands, § 185.
§ 101. A provision of a builder's bond re- quiring payment of laborers' and materialmen's claims must be regarded as a promise with- out consideration, where no such stipulation was contained in the contract.-State Board of was contained in the contract.-State Board of Agriculture v. Dimick (Colo.) 1114.
§ 101. A building contractor's bond requir- ing the contractor to pay bills of materialmen and laborers was not a promise by the con- tractor to pay such bills; there being no such Board of Agriculture v. Dimick (Colo.) 1114. requirement in the building contract.-State
$109. Where a building contractor's bond purported to secure payment of claims of la- borers and materialmen, but the complaint for the use of such claimants did not allege that the contract which the bond was given to se- cure provided for such payment, it was fatally defective.-State Board of Agriculture v. Dim- ick (Colo.) 1114.
IV. FISCAL MANAGEMENT, PUBLIC DEBT, AND SECURITIES.
Approval of appropriation bill on condition of acceptance of amount less than appropriation, see Statutes, § 33.
Extrinsic evidence in the aid of construction of appropriation bill, see Statutes, § 215. Validity of contract between Governor and ben- ificiary under appropriation bill for signature of bill on condition to accept less amount in satisfaction as affected by public policy, see Contracts, § 126.
$119. Legislature held not to have power to reimburse individuals for expenses of an elec- tion contest not held before it or any of its committees, under Const. art. 4, § 7, in view of Const. art. 4, § 31.-Wessling v. Nye (Cal.) 408.
Duty of railroad to fence station grounds, see Railroads, § 411.
For statutes relating to particular subjects, see the various specific topics.
Laws impairing obligation of contracts, see Con- stitutional Law, §§ 121, 154.
Statute of frauds, see Frauds, Statute of. Statutes of limitation, see Limitation of Ac- tions, § 39.
I. ENACTMENT, REQUISITES, AND VALIDITY IN GENERAL.
Mandamus to compel filing of referendum peti- tions, see Mandamus, & 74.
State agricultural boards, see Agriculture, § 2. Validity of contract between Governor and ben-
eficiary under appropriation bill for signature of bill on condition to accept less amount in satisfaction as affected by public policy, see Contracts, § 126.
§ 26. While engaged in considering bills which have passed both houses of the Legislature, and are before him for approval or disapproval, the Governor acts in a legislative capacity, and not as executive.-Lukens v. Nye (Cal.) 593.
33. Under Const. art. 4, § 16, the Govern- or has no power to agree with the beneficiary under an appropriation bill that he will ap- prove the bill on the agreement of the bene- ficiary to accept an amount less than the appro- priation.-Lukens v. Nye (Cal.) 593.
§ 352. A referendum petition presented to the Secretary of State for filing, under Act April 16, 1908 (Sess. Laws 1907-08, p. 440, c. 44), held filed, though no indorsement was made thereon, and though he failed to attach all the sheets containing the signatures and affidavits to one or more of the printed copies of the measure,
as required by section 3 (page 442) of the stat- ute.-Norris v. Cross (Okl.) 1000.
$35 Act April 16, 1908 (Sess. Laws 1907- 08, p. 442, c. 44) § 3, requiring certain acts of the Secretary of State when a referendum peti- tion is offered him for filing, held mandatory as to the Secretary of State, but merely direc- tory as to the public.-Norris v. Cross (Okl.) 1000.
$352. Const. art. 5, § 1, reserving to the people the power at their own option to approve or reject at the polls any act of the Legislature, held modified by sections 2, 3, 4, and 58, so that section 1 applies only to acts which have not become operative.-Norris v. Cross (Okl.) 1000. II. GENERAL AND SPECIAL OR LO- CAL LAWS.
§ 72. Laws 1907, p. 296. c. 183, providing that certain public officers shall not be entitled to witness fees in certain cases, is not unconsti- tutional because not of uniform operation.-Cla- flin v. Board of Com'rs of Wyandotte County (Kan.) 19.
§ 72. Laws 1909, p. 183, c. 135, relating to usury, held a proper exercise of police power and not unconstitutional for nonuniformity. State v. Sherman (Wyo.) 299.
§ 73. Laws 1909. p. 8, c. 7, prohibiting the granting of liquor licenses outside of incorpor- ated cities and towns, held not violative of Const. art. 1, § 34.-State v. Board of Com'rs of Natrona County (Wyo.) 295.
76. Under Const. art. 4, §§ 20, 21, 25, held, that act of the Legislature approved March 13, 1903 (St. 1903, p. 98, c. 71), is un- constitutional.-Wolf v. Humboldt County (Nev.)
$77. Alleged unreasonableness in classifica- tion of persons and things for legislative pur- poses must clearly appear to justify the court in declaring an act based thereon invalid.- State v. Sherman (Wyo.) 299.
§ 77. A reasonable classification of persons and things is permissible under the state con- stitutional provision forbidding the enactment of local or special laws.-State v. Sherman (Wyo.) 299.
§ 80. St. 1905, p. 717, c. 552, creating a reclamation district, held not invalid as creat- ing a corporation by special act in violation of Const. art. 12, §1.-Reclamation Dist. No. 70 v. Sherman (Cal. App.) 277.
§ 84. Laws 1909, p. 183, c. 135, held not invalid as special legislation regulating the rate of interest.-State v. Sherman (Wyo.) 299. § 86. Penal Code, § 476a, relating to drawing of checks with intent to defraud, held not un- constitutional as special legislation.-People v. Russell (Cal.) 416.
V. REPEAL, SUSPENSION, EXPIRA- TION, AND REVIVAL. Statutes relating to appeal, see Appeal and Er- ror, $338.
§ 164. Where a section expressly amending another section of a statute purports to set out in full all that it is intended to contain, any mat- ter in the original section which is omitted from the amendatory one is repealed.-State v. Mc- Cafferty (Okl.) 992.
VI. CONSTRUCTION AND OPERA-
(A) General Rules of Construction. Laws relating to appointment of clerk of court as directory or mandatory, see Clerks of Courts, $3.
Laws relating to form of verdict as directory or mandatory, see Criminal Law, § 875.
$215. Where an appropriation bill "authoriz- ed and directed" the State Controller to draw his warrant for the amount stated therein, the amount cannot be questioned, and is not affect- ed by any agreement between the Governor and the beneficiary that a warrant for a smaller sum may be drawn in satisfaction of the whole amount.-Lukens v. Nye (Cal.) 593.
§ 226. The Legislature, adopting a statute of a sister state after it has been judicially con- strued by the courts of the sister state, presump- tively adopts the judicial construction.-Jamie- son v. Potts (Or.) 93.
§ 226. Where a statute of another state is adopted, it is presumed to have been adopted with the construction placed on it by the courts of that state.-Abraham v. City of Roseburg (Or.) 401.
(B) Particular Classes of Statutes. § 238. The maxim that that without which a grant would not be effective is deemed to pass with the grant, though generally applied to grants of realty, is also adapted to the con- struction of statutes.-Portland Ry., Light & Power Co. v. Railroad Commission of Oregon (Or.) 709.
§ 241. Courts should carefully guard against dence would be perverted into a means of escape so construing the law that a proper rule of evi- from punishment.-Atchison v. State (Okl. Cr. App.) 387.
(C) Time of Taking Effect. $248. The word "act" as used in the general enacting clause of article 5, § 58, of the Consti- tution of Oklahoma, relating to the time when acts passed by the Legislature shall become ef- fective, defined.-Norris v. Cross (Okl.) 1000.
$248. The word "enactment" as used in the saving clause of article 5, § 58, of the Constitu- tion of Oklahoma, relating to the passage of laws and the time when they are to take effect, is synonymous with the word "act."-Norris v. Cross (Okl.) 1000.
§ 248. The exceptions in Const. art. 5, § 58, providing that no act shall take effect until 90 days after adjournment of the session with stat- ed exceptions held to be strictly construed, and to include only acts whose sole purpose is to carry into effect provisions relating to the in- itiative and referendum.-Norris v. Cross (Okl.) 1000.
(D) Retroactive Operation.
Validation of municipal acts, see Municipal Cor- porations, 76.
$277. The phrase "by virtue of," as used in Const. art. 5, § 54, relating to proceedings be- gun "by virtue of" repealed statutes, defined. -State v. McCafferty (Okl.) 992.
VII. PLEADING AND EVIDENCE. Presumptions on appeal as to law of foreign country, see Appeal and Error, § 909.
$284. Parol evidence is inadmissible to show what induced the Governor to approve an ap- propriation bill.-Lukens v. Nye (Cal.) 593.
CONSTITUTION.
Amend. 14............82, 299 STATUTES AT LARGE. 1887, Feb. 4, ch. 104, § 2, 24 Stat. 379 (U. S. Comp. St. 1901, p. 3155) 1890, May 2, ch. 182, § 10, 26 Stat. 87.... 1893, March 2, ch. 196, 27 Stat. 531 (U. S. Comp. St. 1901, p. 3174)
1894, Aug. 18, ch. 301, § 4. 28 Stat. 422 (U. S. Comp. St. 1901, p. 1554) 176 1901, Feb. 18, ch. 379, § 8. 31 Stat. 795.
1901, March 1, ch. 676, § 7, 31 Stat. 863....
REVISED STATUTES.
§§ 2290, 2291 (U. S. Comp.
St. 1901, pp. 1389, 1390) 558 $ 941b
§ 2326 (U. S. Comp. St. 1901, p. 1430)
§ 5341 (U. S. Comp. St. 1901, p. 3628)..
COMPILED STATUTES
CONSTITUTION.
259 Art. 12, §§ 1, 10, 11......1110
1905, p. 717, ch. 552..... 277 1905, p. 772, ch. 574.. ... 780 1906 (Ex. Sess.) p. 9, ch. 6 590 1907, p. 119, ch. 97...... 586 1907, p. 750, ch. 408..... 261 1907, p. 984, ch. 530. Amended by Laws 1909, p. 593, ch. 362.
614 1909, p. 727, ch. 416..... 785
.135, 775 Art. 14, § 9....
1880, p. 87, ch. 87, § 21, subd. 4....
413 1893, p. 174, ch. 147..... 582
265 1897, p. 254, ch. 189, § 4 580 REVISED STATUTES 1887.
265 1897, p. 459, ch. 277, § 25, 740 subd. 11.
968 1897, p. 575, ch. 277, § 739 228, subd. 2..
1887. Div. 1, §§ 291, 294, 298... 224 Div. 5, & 1477.. 77
697 1909, p. 122, ch. 92, § 1.. 82
11 653 1903, p. 168, ch. 15, § 3.. 575 1903, p. 168, ch. 15, § 4.. 677 1905, p. 87, ch. 7, art. 3, §
§ 4732 (Ind. T. Ann. St. 1899, § 3043)...
1903, p. 43, ch. 1, art. 1, §
2 641 1905, p. 233, ch. 17, § 4.. 201 3 Art. 4, §§ 20, 21, 25...... 286 1905, p. 322, ch. 28, art. 4,
1907-08, p. 440, ch. 44...1000 1907-08, pp. 442, 444, ch. 44. §§ 3, 6.
1897, p. 164, ch. 106, § 281 568 1903, p. 98, ch. 71....... 286
1905, pp. 570, 571, ch. 345, §§ 2, 3.
1905, p. 810, ch. 494, § 1
1907, p. 237, ch. 140, § 23 685 1907, p. 281, ch. 178, §§ 2,3...
1907, p. 426, ch. 267, § 1 704 1907, p. 466, ch. 295, § 1.. 1907, p. 494, ch. 321, § 1.. 1907, p. 541, ch. 374, §1.. 445 1909, p. 459, ch. 182, $ 700 1909, p. 499, ch. 198, § 8..
664 Art. 7. §§ 1. 2, 10..
WILSON'S REVISED & AN- HILL'S ANNOTATED LAWS
5053 (Pierce's Code, § 670)
§ 340 (Ballinger's Ann. ..1026 Codes & St. § 4882)....1034 §§ 358, 359 (Ballinger's Ann. Codes & St. §§ 4966, 4967).. .. 179
§ 5062 (Pierce's Code, 8 679)
§§ 5153, 5156 (Pierce's Code, $$ 1033, 1036).... 229 § 5172 (Pierce's Code, § 1109)
88 5176, 5177 (Pierce's Code, §§ 1113, 1114).... 840 $$ 5215, 5243 (Pierce's Code, $$ 5457, 5485).... 153 5243 et seq. (Pierce's Code, § 5485 et seq.).... 463 § 5246 (Pierce's Code, § 5488) 153
709 $$ 5288, 5291 (Pierce's 900 Code. $$ 868, 871)...... 848 898 $$ 5508, 5509 (Pierce's Code, $$ 1144. 1145).... 478 898 709 $ 5521 (Pierce's Code, § 884 1156)
REVISED STATUTES 1898. §§ 3744, 3748............ 105
COMPILED LAWS 1907. 575, subd. 6...
$6502 (Pierce's Code, 1049)
§ 6522 (Pierce's Code, § 1070)
$6535 (Pierce's Code, S 1083)
$ 6780 (Pierce's Code, S 1538).
§ 6840 (Pierce's Code, § 2093)
2388 1156 (Ballinger's Ann. 162 Codes & St. § 5521) .... 233 §§ 1265, 1266 (Ballinger's Ann. Codes & St. SS 5661, 3093)...
140 $ 1376 (Ballinger's Ann.
Codes & St. § 5826)....1042 156 $ 1396 (Ballinger's Ann. S
Codes & St. § 5741)..... 625 6228 1538 (Ballinger's Ann. Codes & St. § 6780)....
818 $ 1554 (Ballinger's Ann. Codes & St. § 7035) ...1042 1581 (Ballinger's Ann. Codes & St. § 7062).... 622 1618 (Ballinger's Ann. Codes & St. § 7119). Renealed by Laws 1909,
§§ 6845, 6850 (Pierce's 818 Code, § 2098. 2103).... 622 § 166 8 6879 (Pierce's Code, § 471 2131) 471 $$ 6896. 6961 (Pierce's Code, $$ 2149, 2210)....1037 $7035 (Pierce's Code, § 1554) .1042 § 7062 (Pierce's Code, § 1581)
BALLINGER'S ANNOTAT- ED CODES & STATUTES. 740 (Pierce's Code, 3733)
§§ 1598, 1606 (Pierce's Code, §§ 4003, 4004).... 163 § 3093 (Pierce's Code, S 1867)
4250, 4265, 4266 (Pierce's Code, $$ 7053, 7067. 7068)
88 4470, 4471 (Pierce's Code, $$ 6269, 6264).... 822 § 4800, subd. 1 (Pierce's Code, 285, subd. 1).... 166 § 4805 (Pierce's Code, S 289a)
§ 4846 (Pierce's Code, § 272) .. 84877 (Pierce's Code, S 335)
$$ 7119. 7119. 7123 (Pierce's Code. §§ 13's 1083). Re- nooled by Laws 1909, p. 906, ch. 249, § 52......1046 87980 (Pierce's Code, § 1877)
817 § 7313 (Pierce's Code, § 1778) ...1037 BALLINGER'S ANNOTAT- ED CODES & STATUTES SUPPLEMENT.
$ 4878 (Pierce's Code. § 336)
§§ 4879, 4880 (Pierce's Code, $$ 337, 338). $4882 (Pierce's Code, 340)
§§ 4966, 4967 (Pierce's Code, $$ 358, 359)..... 179 § 5052 (Pierce's Code, §
p. 906, ch. 249, § 52...1046 1778 (Ballinger's Ann. Codes & St. § 7313).....1037 1867 (Ballinger's Ann. Codes & St. § 5660).... 632 § 1877 (Ballinger's Ann. Codes & St. § 7260).... 817 § 1983 (Ballinger's Ann. Codes & St. § 7123). Repealed by Laws 1909, p. 906, ch. 249, § 52....1046 § 2093 (Ballinger's Ann. Codes & St. § 6840).... 818 §§ 2098, 2103 (Ballinger's Ann. Codes & St. §§ 6845, 6850)...
848 8 2131 (Ballinger's Ann. Codes & St. § 6879)..... 818 §§ 2149, 2210 (Ballinger's Ann. Codes & St. SS 6896, 6961)...
PIERCE'S CODE. 272 (Ballinger's Ann. Codes & St. § 4846).... 471 285, subd. 1 (Ballinger's Ann. Codes & St. § 4800, subd. 1).....
289a (Ballinger's Ann. Codes & St. § 4805).... 166 335 (Ballinger's Ann. Codes & St. § 4877)....1034 § 336 (Ballinger's Ann. Codes & St. § 4878).
§ 2597 (Ballinger's Ann. Codes & St. § 6289). 3733 (Ballinger's Ann. Codes & St. § 740)..... 471 §§ 4003, 4004 (Ballinger's Ann. Codes & St. §§ 1598, 1606)..
§§ 5103, 5109 (Ballinger's Ann. Codes & St. §§ 5638, 5644)...
S$ 5457, 5485 (Ballinger's Ann. Codes & St. SS
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