REVISED STATUTES OF INDIANA, 1881. TO WHICH IS ADDED ALL SUBSEQUENT ACTS TO 1902. PART FIRST. ART. CHAPTER 1. ACTS AND LAW GOVERNING THE STATE. 1. The law, and when it takes effect. 2. Rules of construction. SEC. ART. 3. Repeal and exceptions. ARTICLE 1—THE LAW, AND WHEN IT TAKES EFFECT. 236. Law of State. 37. Offenses defined. SEC. 238. Clerk's certificate. [1 R. S. 1852, p. 351. In force May 6, 1853.] 236. Law of State. 1. The law governing this State is declared to be First. The Constitution of the United States and of this State. Second. All statutes of the General Assembly of the State in force, and not inconsistent with such Constitutions. Third. All statutes of the United States in force, and relating to subjects over which Congress has power to legislate for the States, and not inconsistent with the Constitution of the United States. Fourth. The common law of England, and statutes of the British Parliament made in aid thereof prior to the fourth year of the reign of James the First (except the second section of the sixth chapter of forty-third Elizabeth, the eighth chapter of thirteenth Elizabeth, and the ninth chapter of thirty-seventh Henry the Eighth), and which are of a general nature, not local to that kingdom, and not inconsistent with the first, second, and third specifications of this section. 1. This adoption of the common law, and English statutes in aid thereof, prior to the fourth year of James I. (1607), with certain exceptions, has been repeated in every revision of our Statutes since 1807.- Stevenson v. Cloud, 5 Blackf. 92. 2. The common law prevails in Indiana in the absence of a domestic statute on the subject.- Lafayette, etc., R. R. Co. v. Shriver, 6 Ind. 141; Dawson v. Coffman, 28 id. 220; Grimes v. Harmon, 35 id. 198. 3. The statute of Anne, relating to the negotiability of promissory notes, is not in force in this State.- Holloway v. Porter, 46 Ind. 62. 237. Offenses defined. 2. Crimes and misdemeanors shall be defined, and punishment therefor fixed by statutes of this Staté, and not otherwise. [1855, p. 204. In force August 17, 1855.] 238. Clerk's certificate. 1. It shall be the duty of the several Clerks of Circuit Courts in this State, immediately on the receipt of the laws of any session, to transmit to the Governor a certificate stating the day when such laws were so received. 239. Governor's proclamation. 2. So soon as certificates from all the counties have been received, the Governor shall issue and publish his proclamation, announcing the date at which the latest filing took place; of the facts contained in which proclamation all Courts shall take notice. 1. The Courts take judicial notice of the proclamation of the Governor, as to the taking effect of the Acts. State v. Baily, 16 Ind. 46. 240. Statutes, how construed. 1. The construction of all statutes of this State shall be by the following rules, unless such construction be plainly repugnant to the intent of the Legislature or of the context of the same statute: First. Words and phrases shall be taken in their plain, or ordinary and usual sense. But technical words and phrases, having a peculiar and appropriate meaning in law, shall be understood according to their technical import. Second. Words importing joint authority to three or more persons shall be construed as authority to a majority of such persons, unless otherwise declared in the law giving such authority. Third. The word "highway" shall include county bridges, State and county roads, unless otherwise expressly provided. Fourth. The word "inhabitant" may be construed to mean a resident in any place. Fifth. The word "month" shall mean a calendar month, and the word "year" shall mean a calendar year, unless otherwise expressed; and the word "year" be equivalent to the words "year of our Lord." Sixth. The words "preceding," and "following," referring to sections in statutes, shall be understood as meaning the sections next preceding or next following that in which such words occur, unless some other section is designated. Seventh. The word "State," applied to any one of the United States, shall include the District of Columbia and the several Territories; and the words "United States" shall include the said District and Territories. Eighth. The word "will" shall include the words "testament" and "codicil." Ninth. The words "written" and "in writing" shall include printing, lithographing, or other mode of representing words and letters. But in all cases where the written signature of any person is required, the proper handwriting of such person, or his mark, shall be intended. Tenth. When a statute requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy. Eleventh. When a person is required to be disinterested or indifferent in acting on any question or matter affecting other parties, consanguinity or affinity within the sixth degree, inclusive, by the civil law rules, or within the degree of second cousin, inclusive, shall be deemed to disqualify such person from acting, except by consent of parties. 1. In the construction of a statute, the intention of the Legislature must, if possible, be ascertained from the Act itself; and such intention will prevail over the literal meaning of the terms used therein.- Clifford, ex parte, 29 Ind. 106. 2. Statutes in derogation of the common law must be strictly construed.- Gavin v. Shuman, 23 Ind. 32. Also those exempting persons or property from taxation.Trustees v. Ellis, 38 Ind. 3. So with penal statutes.-Steel v. State, 26 Ind. 82. Reme. dial statutes are to be construed liberally.- Tousey v. Bell, 23 Ind. 423. 241. Rules universal. 2. The foregoing rules of construction and definitions of terms shall be in addition to, and part of, those adopted in the Code of Civil Practice, and, together with those, shall apply to all statutes or Acts of the Legislature. SEC. ARTICLE 3-REPEAL AND EXCEPTIONS. 242. Acts repealed. 243. Vested rights. 244. Offenses excepted. 245. Dower. [1 R. S. 1852, p. 430. In force May 6, 1853.] 242. Acts repealed. 1. All laws not enacted at the present session of the General Assembly are repealed, except First. Acts of incorporation and Acts amending the same. Second. Special Acts vacating streets and alleys; or establishing or vacat. ing towns or changing particular roads; or declaring streams navigable or highways. Third. Special Acts for the relief of individuals therein named. Fourth. Special Acts legalizing the acts of any officer, trustee, agent, or Court. Fifth. Acts establishing or changing county-seats. Sixth. Acts changing the names of towns or individuals. Seventh. Acts granting divorces or legalizing marriages. Eighth. Special Acts providing a remedy for the destruction of records and papers. Ninth. An Act entitled "An Act to apportion Senators and Representatives for the next five years," approved February 13, 1851. Tenth. An Act entitled "An Act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie canal to Evansville," approved January 19, 1846; and an Act supplementary thereto, approved January 27, 1847. Eleventh. An Act authorizing minors to convey real estate. Twelfth. All laws now in force relating to or in any way affecting the Wabash and Erie canal, or the construction thereof; or granting any privileges, rights, or immunities to any persons relating to said canal; or relating to canal lands, or canal loans or funds; or to the purchasers of canal lands, or to settlers thereon; or to the assessment of damages for lands or materials taken for the construction thereof; or the enforcement of police regulations thereon; and all the provisions affecting the trust vested in the board of trustees of said canal at the time the same passed into their hands. Thirteenth. All laws relating to the Michigan Road or Michigan Road lands. Fourteenth. All laws relating to the issue and redemption of treasury notes. Fifteenth. All laws now in force regulating the election and duties of State Printer. Sixteenth. All laws now in force relating to the construction or preservation of any and all canals, railroads, macadamized roads or turnpike roads, or to the assessment and payment of damages for lands or materials taken for the construction thereof. Seventeenth. All Acts relative to the sinking fund. Eighteenth. All laws regulating the duties of the Agent of State for the town of Indianapolis, and in relation to the sale of lots therein. Nineteenth. All laws regulating the sinking fund. Twentieth. All laws, general or special, now in force, regulating the sale of spirituous and intoxicating liquors, and prescribing the punishment for violations of said laws. 1. The Act (R. S. 1843, p. 387) concerning private corporations is among the excep tions made in the first clause of this section, and is not repealed by it.-Cruse v. Axtell, 50 Ind. 49. 2. An Act may be repealed without reference to its title. An identification of the Act intended to be repealed is sufficient.-Leard v. Leard, 30 Ind. 171. 3. Repeal by implication is not favored. To constitute such repeal, the new statute must be repugnant to or cover the whole subject-matter of the old one.-Coghill v. State, 37 Ind. III. 243. Vested rights. 2. No rights vested, or suits instituted, under existing laws shall be affected by the repeal thereof, but all such rights may be asserted, and such suits prosecuted, as if such laws had not been repealed. 244. Offenses excepted. 3. All crimes and misdemeanors committed under existing laws shall be punished in the same manner, and to the same extent, as if such laws had not been repealed. 245. Dower. 4. The law providing for the assignment of dower shall continue in force, so far as rights of dower vested under existing laws are concerned. [1867, p. 204. In force March 9, 1867.] 246. Langdon v. Applegate. 1. All laws heretofore passed, not in conformity with the ruling of the Supreme Court of this State in the case of Langdon against Applegate and others, reported in the 5th volume of the Indiana Reports, on page 327, are hereby repealed. 247. Time of action. 2. All actions arising out of or for a violation of any law repealed by this Act shall be commenced within ninety days from the passage of this Act, and not afterward. [1877 S., p. 73. In force July 2, 1877.] 248. Effect of repeal. 1. Whenever an Act is repealed which repealed a former Act, such Act shall not thereby be revived, unless it shall be so expressly provided. And the repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability |