County to be credited with on voucher. auditor of state shall credit the county with the number of copies number of laws distributed under the provisions of the act upon the filing of the proper vouchers by the county auditors, and upon sale of such laws by the county auditor at the rate of fifty cents per copy. The said county auditor shall pay said amounts to the county treasurer of his county, for the use of the state revenue, and the treasurer shall execute duplicate receipts therefor, one of which shall be filed with the auditor of state. The county auditors shall furnish the laws in their respective counties as hereinbefore provided. At what price to be sold. Same, ¿ 6. Report to be made annually. Copies to be de cessor. [$$ 35 to 40 inclusive are substitutes for the original sections. The originals were repealed by 16th G. A., ch. 132 and substitutes enacted, and §§ 39 and 40 were again repealed by 17th G. A. ch. 123, and the two foregoing sections substituted.] SEC. 41. The secretary of state and county auditor shall sell the copies remaining in their hands at fifty cents a copy. The secretary of state shall report under oath to the auditor of state the number of copies remaining on hand after the distribution aforesaid, and the auditor of state shall charge him therewith and credit him with the proceeds of all that are sold, upon payment of the same into the state treasury. The county auditor shall pay the proceeds of all copies sold by him to the county treasurer, taking his duplicate receipts therefor, one of which he shall transmit to the auditor of state. SEC. 42. The secretary of state and county auditors shall, on or before the fifteenth day of November in each year, report to the auditor of state the number of copies sold and the number remaining on hand, and the amount paid into the state or county treasury, and the auditor shall charge such state or county treasurer with such amount. SEC. 43. When the secretary of state or county auditor goes livered to suc- out of office having any such copies remaining, he shall deliver them to his successor, taking his duplicate receipts therefor, one of which he shall transmit to the auditor of state, who shall thereupon give such officer the proper credit and charge his successor with the copies received by him. Every officer receiving a copy of such laws shall execute a receipt therefor, and shall deliver such copy to his successor, or to the officer from whom he received it, for the use of such successor, and upon failure to do so, shall be liable on his official bond or in his individual capacity. Compensation for the publication of laws. SEC. 44. The compensation for the publication of laws which are ordered by the general assembly to take effect by publication, 11 G. A. ch. 188, unless otherwise fixed, shall be audited and paid by the state. Such compensation shall be one-third the rates of legal advertisements allowed by law. 24. Construction. R. 29. C. 51, ¿ 26. Repeal of SEC. 45. In the construction of the statutes, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the general assembly or repugnant to the context of the statute: 1. The repeal of a statute does not revive a statute previously repealed, nor affect any right which has accrued, any duty imposed, any penalty incurred, or any proceeding commenced, under or by virtue of the statute repealed; The repeal of a statute does not revive a statute previously repealed: City of Burlington v. Kellar, 18-59. The repeal of a statute held not to affect the right of redemption from a tax sale made prior to the repea!: Adams v. Beale, 19-61; Myers v. Copeland, 20-22; nor a widow's dower interest, already vested, though not yet assigned: Burke v. Barron, 8-132. Prior to the death of a testator, his devisees have no rights which are, by this provision, protected against subsequent legislation: Lorieux v. Keller, 5-196. Where the times of holding terms of court were changed by statute, held, that such change did not affect a cause already commenced by service of notice, and that defendant should be held to appear at the "next term," as so changed: Peoria M. & F. Ins. Co. v. Dickerson, 23-274. Where, after an indictment was found, the law prescribing the punish- 17 G. A ch. 145, as to method of As to the effect of the Code of 1873 upon prior laws, etc., see § 50 and notes. 2. Words and phrases shall be construed according to the con- Words and text and the approved usage of the language; but technical words phrases. and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to such meaning; 3. Words importing the singular number may be extended to Number, genseveral persons or things, and words importing the plural number der. may be applied to one person or thing, and words importing the masculine gender only may be extended to females; 4. Words giving a joint authority to three or more public Joint authority. officers or other persons, shall be construed as giving such author ity to a majority of them, unless it be otherwise expressed in the act giving the authority; 5. The words "highway" and "road" include public bridges Highway, road. and may be held equivalent to the words "county way," "county road," common road," and "state road;" 6. The words "insane person" include idiots, lunatics, distracted persons and persons of unsound mind; Insane. 7. The word "issue," as applied to descent of estates, includes Issue. all lawful lineal descendants; 8. The word "land," and the phrases "real estate" and "real property," include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal; The interest which a mortgagee has The making improvements upon in the real propery mortgaged, con- land by one in possession under constitutes "real estate : Severin v. tract of purchase, gives him an equitCole, 38-463; and also the equitable able interest which will pass by a interest which the heir of such mort- conveyance: White v. Butt, 32-335. gagee has in such property: Burton v. Hintrager, 18-348. Real property. 9. The words "personal property" include money, goods, Personal prop chattels, evidences of debt, and things in action; erty. Property. Month, year, Oath, affirmation. Person, corporation. Seal. State, territory. Town, cities, villages. Will. In writing. Sheriff. Deed, bond, in taking. A promissory note is "personal pro- [ it has not been endorsed by the perty:" Allison v. King, 21-302; so payee; so held in case of embezzleare municipal bonds: Callanan v.ment ($3909); The State v. Orwig, Brown, 31-333; and so is a draft, 24-102. though it be against the government, and upon which action could not, therefore, be brought, and though Applied, Iowa Lumber Co. v. Foster, 49-25. 10. The word "property" includes personal and real property; 11. The word "month" means a calendar month, and the word “year,” and the abbreviation "A. D.," are equivalent to the expression "year of our Lord;" 12. The word "oath" includes affirmation in all cases where an affirmation may be substituted for an oath, and in like cases the word "swear," includes "affirm;" 13. The word "person" may be extended to bodies corporate; So held, under the statute as to | catine, 4-302, 307. garnishment: Wales v. City of Mus 14. Where the seal of a court or public office or officer may be required to be affixed to any paper, the word "seal" shall include an impression upon the paper alone as well as upon wax or a wafer affixed thereto; 15. The word "state," when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States may include the said district and territories; 16. The word "town" may include cities as well as incorporated villages; "Town "does not include unincor- | ing statute as to extent of homestead: porated village; so held, in constru- Truax v. Pool, 46-256. 17. The word "will" includes codicils; 18. The words "written" and "in writing," may include printing, engraving, lithography, or any other mode of representing words and letters, excepting those cases where the written signature or mark of any person is required; 19. The term "sheriff" may be extended to any person performing the duties of the sheriff either generally or in special cases; This does not authorize a person | levy executions, &c.: Conway v. other than the sheriff to serve notices, McG. & M. R. R. Co., 43-32. 20. The word "deed" is applied to an instrument conveying denture, under lands, but does not imply a sealed instrument; and the words "bond" and "indenture" do not necessarily imply a seal, and the word "undertaking" means a promise or security in any form; Executor. Numerals and figures. A seal is not therefore essential to merly was so: Switzer. Knapps, 10the validity of a conveyance: Pierson | 72; Simms v. Hervey, 19-273, 290. v. Armstrong, 1-282, though it for 21. The term "executor" includes administrator, where the subject matter applies to an administrator; 22. The Roman numerals and Arabic figures are to be taken as a part of the English language; time. 23. In computing time, the first day shall be excluded and the Computing last included, unless the last falls on Sunday, in which case the R. 24121, time prescribed shall be extended so as to include the whole of C. 31, § 2513. the following Monday; See Richardson v. B. & M. R. R. | and Manning v. Irish, 47–650. Co., 8-260; Teucher v. Hiatt, 23–527; 24. Degrees of consanguinity and affinity shall be computed Consangu according to the civil law; R. 24124. 25. The word "clerk " means clerk of the court in which the clerk. action or proceeding is brought or is pending; and the words R. 123. "clerk's office" mean his office. CHAPTER 4. OF THE CODE AND ITS OPERATION. R. 30. SECTION 46. In the citation of the statutes, this shall not be This code. reckoned as one of the statutes of the present political year, but c. 51, 27. it may be designated as the "CODE," adding as may be necessary the title, chapter, or section. R. 31. SEC. 47. All public and general statutes passed prior to the Repeal of prior present session of the general assembly, and all public and special statutes. acts the subjects whereof are revised in this code or which are C. 51, 28. repugnant to the provisions thereof, are hereby repealed, subject to the limitations and with the exceptions herein expressed. The provisions of the Revision and and special acts" and not revised in session laws prior to the Code in refer- the Code, held not to be repealed ence to swamp lands being "public | thereby: Gray v. Mount, 45–591. R. 232. SEC. 48. Local acts are not repealed unless it be herein so Local statutes. expressed, or unless the provisions of this code are repugnant c. 51. 29. thereto. takes effect. SEC. 49. This code shall take effect on the first day of Septem- When code her, A. D. 1873, until which time existing statutes continue in R. 49. force, and nothing contained in this title in relation to the prepar- C. '51, 30. ation and publication of the statutes shall be construed as including this code. R. 34. 2514. SEC. 50. This repeal of existing statutes shall not affect any Existing rights act done, any right accruing or which has accrued or been estab- not affected. lished, nor any suit or proceeding had or commenced in any civil C51,231, cause before the time when such repeal takes effect; but the proceedings in such cases shall be conformed to the provisions of this code as far as consistent. The general assembly cannot alter. | der the Revision, held, in an action change or repeal statutes relating to brought under the Code, that the the remedy so as to substantially im mortgagee had a right to have his pair a vested right; therefore, where lien determined and enforced, as a mortgage and a mechanic's lien against the holder of the mechanic's upon the same property attached un-lien, in accordance with the provisions of the Revision: Brodt v. Rohkar, 48-| 36. A change made by the Code in the law as to to the liability of railroad companies for injuries in certain cases, held, not to apply in a case where the injury was received before the Code took effect: Payne v. C. R. I. & P. R. Co., 44-236. A judgment being rendered before the taking effect of the Code, against the husband, under which certain property of the wife, being in his possession, was liable, as the law then stood; held, that such property might still be taken upon execution issued after the taking effect of the Code, although by its provisions the property of the wife would not have been liable under similar circumstances: Schmidt v. Holtz, 44-446. The law in force at the time of the rendition of a judgment should govern as to a sale made thereunder: Fonda v. Clark, 43-300; Babcock v. Gurney, 42-154; also as to the right to appraisement: Holland v. Dickerson, 41-367; also as to stay of execution: DuBois v. Bloom, 38-512; also, as to right of appeal: City of Davenport v. D. & St. P. R. Co. 37-624. jury, in an action commenced prior to the taking effect of the Code, held, not to be affected by any change made by the Code: Wormley v. Hamburg, 46–144. So held, in an action for divorce in which, under the Revision, the parties were entitled to a jury trial: Wadsworth v. Wadsworth, 40 -448. An order being made before the Code took effect for a special term of court to be held after that time and that fifteen jurors be called (the proper number under Revision), held, that such order was an "act done so as to be valid, although the proper number under the Code was twentyfour: Fifield v. Chick, 39-651. As to the effect of the Code upon penalties or taxes delinquent before it took effect, see C. R. & M. R. R. Co. v. Carroll Co., 41-153, 190. Under Rev. § 4172, held, that proceedings to enforce a judgment should be governed by the law in force when they were commenced and not by that under which the judgment was rendered; a judgment not being an action:" Gray v. Iliff, 30-195. 66 Under a similar provision in the Code of '51, held, that, where an action Where an original notice was served was brought prior to its adoption, but before the taking effect of the Code, judgment therein was not renderbut the second day of the next termed until after that time, the defendoccurred after that time, held, that the provisions of the Code would govern the time of pleading: Brotherton v. Brotherton, 41-112. The right of a party to a trial by ant's homestead exemption should be governed by the provisions of the law under which the action was commenced: Helfenstein v. Cave, 3–287. And see § 45, ¶ 1, and notes. SEC. 51. No offense committed, and no penalty or forfeiture incurred under any statute hereby repealed and before the repeal takes effect, shall be affected by the repeal, except that when a punishment, penalty, or forfeiture is mitigated by the provisions herein contained, such provisions shall be applied to a judgment to be pronounced after the repeal. As to the effect of the enactment |quent taxes, see C. R. & MR. R. Co. of the Code upon penalties on delin- v. Carroll Co., 41-153,190. SEC. 52. No suit or prosecution pending when this repeal takes effect, for an offense committed, or for the recovery of a penalty or forfeiture incurred, shall be affected by the repeal, but the proceedings may be conformed to the provisions of this code as far as consistent. SEC. 53. The terms "heretofore" and "hereafter," as used in SEC. 54. Whenever an act of a general nature passed at the present session of the general assembly, separate from this code, conflicts with or contravenes any of the provisions thereof, the provisions of the code shall prevail. |