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The acts of 1915, 1917, 1919, 1920 and 1921 respectively took effect on the dates below specified except where the acts were put into immediate effect by emergency or special clauses:

Acts 1915, April 26, 1915, 3 o'clock p. m.

Acts 1917, May 31, 1917, 8:20 a. m.

Acts 1919, May 15, 1919, 8 a. m.

Acts 1920, First Special Session, January 16, 1920.

(Joint resolution.)

Acts 1920, Second Special Session, November 13, 1920, 8:20 a. m.

Acts 1921, May 31, 1921, 5 p. m.

INDIANA STATUTES

CHAPTER 1

ACTS AND LAWS GOVERNING THE STATE.

Section numbers to notes refer to the Revised Statutes of 1914 and sections herein.

ART.

1. THE LAW, AND WHEN IT TAKES EFFECT, 236, 237.

SEC.

ᎪᎡᎢ .

2. RULES OF CONSTRUCTION, 240.

3. REPEAL AND EXCEPTIONS, 243-248.

ARTICLE 1.-THE LAW, AND WHEN IT TAKES EFFECT.

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SEC.

237. Offenses defined.

The common law, since the fourth year of James I, prevails in this state, except as modified by statute, the constitution or acts of congress. Atkinson v. Disher, 177 Ind. 665, 98 N. E. 807; Curless v. Watson, 180 Ind. 86, 102 N. E. 497; Southern R. Co. v. Howerton, 182 Ind. 208, 105 N. E. 1025, 106 N. E. 369.

Equity jurisprudence in its fulness is in force in this state except as modified by statute constitutional provisions. Union Trust Co. v. Curtis, 182 Ind. 61, 105 N. E. 562.

In adopting the common law of England, the British statutes in aid thereof (with exceptions), enacted previous to the settlement of Jamestown, were also adopted. Alsman v. Walters, 184 Ind. 565, 106 N. E. 879, 111 N. E. 921.

Courts are not required to follow the decisions of the courts of England when such decisions are unreasonable and unsuitable to the institutions of this country. Ketelsen v. Stilz, 184 Ind. 702, 111 N. E. 423.

Acts of congress on subjects over which congress has power to legislate are the law of the state. State ex rel. v. Quill, 53 App. 495, 102 N. E. 106.

See note to section 3112.

Under this section, the court of Indiana is not bound to follow an English decision rendered within the period named in this section, if such decision is unreasonable, or is not suited to American institutions. Ketelson v. Stilz, 184 Ind. 702, 111 N. E. 423.

237. Offenses defined.

The statute which declares that crimes and the punishment therefor shall be defined and fixed by statute, does not exclude all details of common law procedure in criminal actions. Woodsmall v. State, 181 Ind. 613, 105 N. E. 155, 899.

In this state all crimes are created by statute, there being no common-law offenses. McDaniels v. State, 185 Ind. 245, 113 N. E. 1004.

A corporation can be indicted only in such instances as the legislature has specifically provided. State v. Terre Haute Brewing Co., 186 Ind. 248, 115 N. E. 772. Under this section all crimes are statutory. Hinshaw v. State, 188 Ind. 147, 122 N. E. 418.

In view of this section an indictment for conspiracy "designedly with the intent to cheat and defraud, etc., by inducing and procuring, etc., by then and there feloniously, knowingly, designedly and falsely pretending, representing and giving out, etc.," did not charge a crime under § 2647, being too broad to charge the crime of false pretenses. Hinshaw v. State, 188 Ind. 147, 122 N. E. 418.

SEC.

ARTICLE 2.-RULES OF CONSTRUCTION.

240. Construction of statutes.

240. Construction of statutes.

The statute regulating the construction of statutes provides that the word "inhabitant" may be construed to mean "resident." Ahearn v. Burk, 179 Ind. 179, 99 N. E. 1004.

The statute provides that when authority is conferred jointly upon three or more persons, a majority of such persons may act unless it is otherwise provided. Metsker v. Whitsell, 181 Ind. 126, 103 N. E. 1078; Norton v. Union Traction Co., 183 Ind. 666, 110 N. E. 113.

In construing statutes words and phrases are to be given their plain, ordinary and usual meaning unless a contrary purpose is clearly manifest. Morrison v. State ex rel., 181 Ind. 544, 105 N. E. 113; Woodsmall v. State, 181 Ind. 613, 105 N. E. 155, 899; Cox v. Timm, 182 Ind. 7, 105 N. E. 479; Roberts v. Board of Comrs., 54 App. 316, 99 N. E. 1015.

The word "shall" may be given the meaning of the word "may" if necessary to carry out the legislative intent. Morrison v. State ex rel., 181 Ind. 544, 105 N. E. 113.

See note to section 5690.

Clause 2. Under this section, a report concurred in by a majority of any body is valid and binding in the absence of legislative provisions to the contrary. Griffin v. Pearce, 187 Ind. 287, 119 N. E. 8.

SEC.

ARTICLE 3.-REPEAL AND EXCEPTIONS.

243. Vested rights.

246. Langdon v. Applegate.

243. Vested rights.

SEC.

248. Effect of repeal.

When a cause of action has accrued under a bond executed in accordance with the provisions of a statute, the repeal of the statute does not destroy the cause of action. American Surety Co. v. State ex rel., 50 App. 475, 98 N. E. 829.

246. Langdon v. Applegate.

The act of 1867, repealing all laws not in conformity with the decision of the supreme court in the case of Langdon v. Applegate, 5 Ind. 327, repealed the act of 1853 purporting to amend section 26 of the statute of descents of 1852. Bruns v. Cope, 182 Ind. 289, 105 N. E. 471.

248. Effect of repeal.

Effect of the repeal of the drainage act of 1885 by the act of 1905 on proceedings that were pending at the time of the passage of the latter act. Moorhouse v. Kunkalman, 177 Ind. 471, 96 N. E. 600.

When rights have accrued under a statute, the repeal of the statute does not destroy such rights unless the repealing statute expressly so declares. Wise v.

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