State v. Sopher. terms, or in the enactment of a particular provision. Stout v. Board, etc., 107 Ind. 343; Board, etc., v. Board, etc., 128 Ind. 295; State Board v. Holliday, 150 Ind. 216, 42 L. R. A. 826; Parvin v. Wimberg, 130 Ind. 561, 15 L. R. A. 775, 30 Am. St. 254; Conn v. Board, etc., 151 Ind. 517. In our search to ascertain the scope of the legislatíve intent and purpose in the enactment of the particular provision, we will endeavor to be guided, so far as necessary, by these well settled canons of construction. At and prior to the passage of the act of 1875, it will be found that all appeals from the order of the board of commissioners were controlled by $$7859, 7860 Burns 1901, §§5772, 5773 R. S. 1881 and Horner 1897. Appeals from an order of the board of commissioners, either granting or refusing to grant a license to sell intoxicating liquors, were held to be controlled by these particular sections. Wright v. Harris, 29 Ind. 438; Blair v. Kilpatrick, 40 Ind. 312. Section 5773, R. S. 1881, provides that the appeal shall be taken within thirty days from the time the decision of the board was rendered, by filing an appeal bond, etc. Section 5775 R. S. 1881 provides that if the appeal is taken in vacation, a summons sued out of the clerk's office of the court to which the appeal is taken shall be served on the appellee requiring him to appear in court and answer said appeal. Section 5776 R. S. 1881 provides that "If such appeal shall be filed, and such summons, when necessary, served ten days before the first day of the court next after such appeal, such cause shall stand for trial at such term; otherwise it shall be continued until the next term of the court." Consequently as the law relating to appeals from boards of commissioners stood at the time of the enactment of the license act of 1875, an appeal from the board of commissioners to the circuit court might be taken at any time within thirty days, by either party to the proceedings if aggrieved by the board's decision. If a transcript of the proceedings before State v. Sopher. * * the board provided by §5774 R. S. 1881 and Horner 1897 was not filed with the clerk of the circuit court ten days prior to the beginning of a term of that court, and when necessary by reason of the appeal not being prayed for before the board in term time, a summons was not also served on the appellee, for an equal number of days before the commencement of the term, the cause could not lawfully stand for trial at such term, for the reason that the court would not, under the circumstances, acquire jurisdiction over the person of the appellee, and the hearing or trial of the cause would necessarily be continued, by operation of law, until the next term of court. It is manifest then, we think, that when the situation or condition of affairs in regard to appeals from boards of commissioners as such situation or condition existed, under the laws in force at the time of the passage of the act of 1875, is considered, the meaning intended to be conveyed by the legislature in the use of the words "the next term of court, * at which such cause might be lawfully tried" becomes obvious. That the next term of court meant and intended by the legislature was a term of the court to which the appeal had been taken, and which term commenced ten days after the transcript of the proceedings before the board had been filed with the clerk of the court, and a summons, if necessary, also served on the applicant or appellee ten days prior to the beginning of such term. In reason it appears that the legislature by the use of these words intended and meant the first term of the court at which complete jurisdiction, under the law, over the parties to such appeal would be acquired, and that thereby, the court, at such term, might lawfully hear and determine such cause. In the light of all of the circumstances this is the only reasonable interpretation that can be suggested or given to the provision in dispute. It cannot in reason be asserted that the legislature meant and intended that any or all changes of venue, continuances, and motions by which either party might delay the trial of the cause, or State v. Sopher. indefinitely prolong the pendency of the appeal, should be taken into consideration in determining when the case might be lawfully tried on appeal. Such a construction of the law would lead to an absurdity. It is finally insisted that the legislature by the latter part of the proviso, namely, "he shall not be liable as a seller without license for sales made during the pendency of such appeal, but he shall be liable for the violations of any of the provisions of this act during such time, the same as if regularly licensed", meant and intended that the licensee should be protected by the license granted to him by the board, for all sales made thereunder, during the year after the issuing of such license, regardless of the fact of the pendency of the appeal. We can not sanction this contention for to do so would virtually impute absurdity to the action of the legislature. To hold that that body had first limited the time during which the operation of the board's order and the right of the licensee, under the license granted, should not be suspended or vacated by the appeal, and then in the next breath it in effect declared that the appeal in no wise should operate to suspend his right to sell under such license, would certainly render the statute absurd and contradictory. Such a construction a court will not adopt. Mayor v. Weems, 5 Ind. 547; Storms v. Stevens, 104 Ind. 46; Stout v. Board, etc., 107 Ind. 343. What the legislature intended by the language in question was to emphasize its will as declared in the preceding part of the proviso, namely, that the appeal should not be held to estop the licensee in the exercise of his rights under the license, until the end of the time designated. The phrase "he shall not be liable for sales made during the pendency of such appeal", under the circumstances, was intended to refer to its pendency during the particular limit which the licensee was authorized to exercise his right under his license. This limit of time begins to run from the time the license is granted by the board and terminates at the close State v. Sopher. of the term of court during which the cause may be lawfully tried. A well settled rule of construction affirms that where words of a particular description in a statute are followed by general words that are not as specific and limited as those preceding them, such general words are to be construed as referring to or applying to persons, cases, or things of like kind to those designated or intended by the particular words. Nichols v. State, 127 Ind. 406, and authorities cited. The proviso upon its face certainly discloses that it was not the purpose of the legislature entirely to abrogate the rule affirmed by this court, to the effect that an appeal from the decision of the board of commissioners granting a license operated to vacate or suspend all rights of the applicant thereunder. The legislative purpose was only to modify such rule to the extent as hereinafter stated. An act of the legislature, approved March 9, 1889 (Acts 1889, p. 288), $5315a Horner 1897, provides that, "Whenever an applicant for, or remonstrant against, the granting of license to sell at retail spirituous, vinous or malt liquors, shall feel aggrieved by the decision of the board of county commissioners in granting or refusing such license, such applicant or remonstrant may appeal from said decision to the circuit court of the county, at any time within ten days. thereafter, upon the execution of an undertaking, with sufficient surety, to pay all costs that may be adjudged against such person or persons, upon the final decision of said cause. Such undertaking shall be subject to the approval of the county auditor; and no appeal shall be granted unless said. undertaking be filed within the time allowed herein for such appeal." Another act by the same legislature, approved also on March 9, 1889 (Acts 1889, p. 255), $525 Burns 1901, provides as follows: "That all proceedings and all actions, civil or criminal, taken or removed by appeal, change of venue, or in any other manner to any circuit, criminal or superior court, shall, if the papers or transcript in said proceedings or action are filed in vacation in the State v. Sopher. office of the clerk of said court, stand for issue and trial at the first term of said court thereafter. And if the papers or transcript in said proceedings or action are filed in said court, or in the office of the clerk thereof during term time of said court, the same shall stand for issue and trial at said. term after the expiration of ten days from the day the same were filed." Under the provisions of the act first above mentioned, the right to appeal to the circuit court by a remonstrator from an order of the board granting a license to sell intoxicating liquors is expressly granted, and the time for taking such appeal is reduced from thirty to ten days. This act may be considered as supplemental to and as forming a part of our present law pertaining to licensing the sale of intoxicating liquors. The latter act fixes the time when all cases or proceedings either civil or criminal removed by appeal to the circuit or criminal court shall stand for issue and trial. Such appealed cause under this act stands for issue and trial, (1) at the ensuing term of court when the transcript shall have been filed in vacation in the office of the clerk of the court at any time previous to the commencement of such term; (2) after the expiration of ten days from the date of filing such transcript when the same is filed in term time. This act repeals, by implication, §§5775, 5776 R. S. 1881 and Horner 1897, heretofore referred to, and which, as previously stated, formerly controlled appeals from boards of commissioners to the circuit court. Since the enactment of the latter act of 1889, the summons required to be issued and served on the appellee as provided by the above sections is no longer required. Consequently as the law now stands, if a remonstrator appeals from the order of the board granting a license, he must take his appeal within ten days from the time the decision is rendered, and such appeal may be lawfully tried by the court to which it is appealed at the term next following the filing of the transcript with the clerk in vacation. Or if the transcript is filed in term time |