People v. McClellan

Citations

• 137 Ill. 352
• 27 N.E. 181

Syllabus

<p>1. Oosts and pees—act of May 18,1881, construed. The act of May 18,1881, in force July 1,1881, requiring clerks of courts of record, and sheriffs, at the end of their terms of office, to pay all costs and fees collected and remaining in their hands to the county treasurer, has reference solely to such costs and fees as might come into their hands after the act went into effect.</p> <p>2. Constbuction op statutes—whether retroactive in their operation. As a general rule, no statute, however positive in its terms, is to be construed as designed to interfere with existing contracts, rights, etc., unless such intention is clearly expressed; and the courts will apply new statutes only to future cases, unless there is something in the very, nature of the case, or in the language of the new provision, which shows that they were intended to have a retroactive operation.</p> <p>3. Pleading—plea assuming to answer two counts answering one— each bo-each a count. The rule is well settled that a plea which assumes to answer two or more counts of a declaration but answers only one, is bad on demurrer. In actions on official bonds each breach assigned is treated as a distinct count.</p>