CHAPTER XIV.

CONSTRUCTION OF STATUTES.

Sec. 1. All words to be construed according to approved and common usuage, except technical.

Sec. 2. Repealing act, if repealed, not to revive former laws.
Sec. 3. All provisions to be liberally construed.

Sec. 4. Time not prescribed, to take effect after passage.
Sec. 5. Times, "heretofore" and "hereafter," what to mean.
Sec. 6. Singular number and masculine gender-what to mean.
Sec. 7. Rules of last two sections—when to apply.
Sec. 8. Prosecution not to be affected by repeal of law.
Sec. 9. What omitted in publishing laws.

Section 1. In the construction of all statutes the following rules shall be observed, unless such construction shall be manifestly inconsistent with the intent of the legislature, or repugnant to the context of the same statute, that is to say: First. All words and phrases shall be understood and construed according to the approved and common usage of the language; but technical words and phrases, and such as may have acquired a peculiar and appropriate meaning, shall be construed and understood according to such peculiar and appropriate meaning. Second. Every word imparting the singular number only, may extend and be applied to one person or thing, or to several persons or things, and every word imparting the masculine gender only, may extend and be applied to females as well as males; and when it says executor, it may mean executrix, and when it says administrator, it may mean administratrix. Third. The words "insane person" shall be construed to include every idiot, non compos, lunatic, or distracted person. Fourth. The word "issue," as applied to descent of estate, shall be construed to include all the lawful lineal descendants of the ancestor. Fifth. The words "land or lands" and the words "real estate" shall be construed to include lands, tenements, and hereditaments, and all rights thereto, and all interests therein. Sixth. The word "month" shall be construed to mean a calendar month, and the word "year" a calendar year, unless otherwise expressed. Seventh. The word "oath" shall be construed to include affirmation, and the word "sworn" to include affirmed. Eighth. The word "person" may extend and be applied to bodies politic and corporate. Ninth. The words "town or towns" may be construed to include city or cities. Tenth. The word "will" shall be

construed to mean codicil as well as will. Eleventh. The words "written or writing" may be construed to include printing or engraving: Provided, That in all cases where the writen signature of any person is required by law, it shall always mean the proper handwriting of such person, or, in case he is unable to write, his proper mark. Twelfth. The word "state," when applied to different parts of the United States, may be construed to include the District of Columbia and the territories. Thirteenth. The term "court" shall, in all necessary cases, be deemed to refer as well to probate judges and justices of the peace as to courts of record.

Sec. 2. No act or part of an act repealed by another act shall be deemed to be revived by the repeal of the repealing act.

Sec. 3. All general provisions, terms, phrases, and expressions, used in any statute, shall be liberally construed, in order that the true intent and meaning of the legislative assembly may be fully carried out.

Sec. 4. Every act which does not fully prescribe the time when it shall go into operation shall take effect from and after its passage.

Sec. 5. Whenever the term "heretofore" occurs in any statute, it shall be construed to mean any time previous to the day such statute shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the statute containing the term shall take effect.

Sec. 6. When any subject, matter, party, or person, is described or referred to, by words imparting the singular number, or the masculine gender, several matters, and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included.

Sec. 7. The rules prescribed in the last two sections shall apply in all cases, unless it be otherwise especially provided, or unless there be something in the subject or context repugnant to such construction.

Sec. 8. No action, plea, prosecution, civil or criminal, pending at the time any statutory provision shall be repealed, shall be affected by such repeal, but the same shall proceed in all respects as if such statutory provisions had not been repealed, except that all such proceedings had after the taking effect of any statute passed at this session shall be conducted according to the provisions of such statute, and shall be in all respects subject to the provisions thereof, so far as they are applicable.

Sec. 9. In publishing the acts of the legislative assembly, the enacting clause, the signature of the speaker of the house of representatives, the president of the council, and the governor, shall be omitted, but the date of their approval shall be retained.

CHAPTER XV.

CONTRACTS.

(See post chapter 16.)

Sec. 1. Market value of gold dust to be measure of damages in

certain actions.

Section 1. That in actions on express contracts for the payment of a certain amount in gold dust, or gold or silver bullion, or for the delivery of a certain amount of gold dust, or gold or silver bullion, the measure of damages shall be the market value of the amount of gold dust, or gold or silver bullion, in United States treasury notes, at the time it should have been delivered or paid, with interest until the time of recovering judgment, at the rate stipulated in the contract.

CHAPTER XVI.

CONVEYANCES AND CONTRACTS.

(See ante chapter 15 and post 17.)

Sec. 1. Every conveyance made with intent to defraud, void.
Sec. 2. No conveyance deemed fraudulent in favor of person
having legal notice.

Sec. 3. Every conveyance containing provision for revocation to be
void as against subsequent purchaser.
Power of revocation to other than grantor void.
Sec. 5. From what time power of revocation valid.
Sec. 6. All conveyances of land to be in writing.

Sec. 4.

Sec. 7. Preceding section not to affect will of testator.

Sec. 8. Every contract for sale or lease of lands or interest therein void, unless in writing.

Sec. 9. Instrument may be subscribed by agent.

Sec. 10. Nothing in this act to abridge power of court.

Sec. 11. All deeds and assignments in trust for benefit of party making same void.

Sec. 12. What agreements void, unless in writing.

Sec. 13. Contract for over two hundred dollars—when void, un-
less in writing.

Sec. 14. What deemed memorandum of sale at auction.
Sec. 15. Goods sold and not delivered conclusive evidence of

fraud.

Sec. 16. What termed creditors.

Sec. 17. Every instrument may be subscribed by agent.
Sec. 18. Every conveyance or assignment made with intent to
defraud creditors void.

Sec. 19. Void against creditors, also against heirs, &c.
Sec. 20. Fraudulent intent a question of fact.

Sec. 21. Not to affect innocent purchasers without notice.
Sec. 22. What terms "estate" and "bonds" to include.
Sec. 23. What the term "conveyance" to embrace.

Section 1. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and any charge upon lands, or upon the rents or profits thereof, made or executed with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands, rents, or profits, as against such purchasers, shall be void.

Sec. 2. No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser who shall have legal notice thereof at the time of such purchase, unless it shall appear that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud.

Sec. 3. Every conveyance or charge of or upon any estate or interest in lands containing any provision for revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from said grantor for a valuable consideration, of any estate or interest so liable to be revoked, determined, or altered, although the same be not directly revoked, determined, or altered by such grantor by virtue of the power reserved or expressed in such prior conveyance or charge.

Sec. 4. When a power to revoke a conveyance of lands, or rents and profits thereof, and to reconvey the same, shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents, and profits, to a purchaser for a valuable consideration, such subsequent conveyance shall be valid in the same manner and to the same extent as if the power of vacation were recited therein, and the intent to revoke the former conveyance expressly declared.

Sec. 5. If a conveyance to a purchaser under either of the two last preceding sections shall be made before the person making the same shall be entitled to execute his power of vacation, it shall nevertheless be valid from the time the power of vacation shall

actually rest in such person in the same manner and to the same extent as if then made.

Sec. 6. No estate or interest in lands other than for leases for a term not exceeding one year, or any trust, or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance, in writing subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.

Sec. 7. The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor prevent any trust arising or being extinguished by operation of law.

Sec. 8. Every contract for the leasing for a longer term than one year, or for the sale of any lands, or interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.

Sec. 9. Every instrument required to be subscribed by any person mentioned in the last preceding section may be subscribed by the agent of the party lawfully authorized.

Sec. 10. Nothing contained in this act shall be construed to abridge the power of the court to compel the specific performance of such agreements.

Sec. 11. All deeds of gift, all conveyances and transfers, or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.

Sec. 12. In the following cases any agreement shall be void unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing, and subscribed by the party charged thereunto: First. Every agreement that by the terms is not to be performed within one year from the making thereof. Second. Every special promise to answer for the debt or default or miscarriage of another. Third. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promise to marry.

Sec. 13. Every contract for the sale of any goods, chattels, or things in action, for the price of two hundred dollars and over shall be void, unless: First. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; or second, unless they shall accept or receive a part of such goods or the evidences or some of them of such in action. Third. Or unless the buyer shall at the time pay some part of the purchase-money.