Messages And Documents of J Frank Hanly Governor of Indiana January 9 1905
Messages And Documents of J Frank Hanly Governor of Indiana January 9 1905
Hanly, J. Frank (James Frank), 1863-1920
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The bill reads, "An act to amend Sec- tion 256 of an act entitled an 'act concerning civil procedure. ' ' As above suggested, the title of the act sought to be amended is an "Act concerning proceedings in civil cases. " The error in the title renders the bill invalid. Section 21, Article 4, of the Constitution provides: "No act shall ever be revised or amended by mere reference to its title; but the act revised or section amended shall be set forth and published at full length. " R. S. 1901, Se...ction 117. It has been decided that where the title to an amendatory stat- ute refers to but does not recite the title of the act sought to be amended, the designation in such title is insufficient, although the section attempted to be amended is referred to as being a desig- nated section of the Revised Statutes of 1881. Boreing v. State, 141 Ind. 640; Feibleman v. State, 93 Ind. 516; Linquest v. State, 153 Ind. 543. In the last cited case the court announces the rule as follows : 238 "It is settled by the decisions of this court that, in the revision of an act or the amendment of a section, two things are required: (1) The title of the act to be amended must be referred to by setting it out; (2) The act as revised, or section as amended, must be set forth, and published at full length * * *.
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