Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 40

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...same salary as other deputy sheriffs." In other respects the section was left as it was enacted originally. In order to make this change, our Constitution (Article V, section 25) requires that the entire section 3119, as thus amended, should be reenacted and published at length, and this was done. The constitutional provision, however, is a rule of legislative procedure, merely directing how such an amendment can be made. The rule of construction applicable in such a case is found in section 119, Revised Codes, which provides: "Where a section or a part of a statute is amended, it is not to be considered as having been repealed and re-enacted in the amended form, but the portions which are not altered are to be considered as having been the law from the time they were enacted, and the new provisions are to be considered as having been enacted at the time of the amendment." So that, in this instance, section 3119, as amended by House Bill 335, has been and continues in full force and effect from March 3, 1905, except in so far as the increased compensation is made to the deputy sheriff who acts as jailer, and this provision only took efiect as of the date of its approval, March 5, 1909. Likewise, Senate Bill 120 amends section 3119 by the mere substitution of the word "four" for the word "three," and, as thus amended, the clerk of the district court and quoted with approval in Congdon v. Butte Consolidated Ry. Co., above, and the same rule is found in 26 American and English Encyclopedia of Law, second edition, 716, and in 1 Lewis' Sutherland on Statutory Construction, second edition, section 268. The question before us is not a new one. It has arisen in many states, and it is quite uniformly...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236832140
  • 9781236832146