Scarbrough v. Wooten

Citations

• 23 N.M. 616
• 170 P. 743

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. It was the evident intention of the Legislature to incorporate in the codification of 1915 only laws of a general and permanent nature. ' P. 618</p> <p>2. A “general law” is one which relates to a subject of a general nature, or that affects all of the people of the state, or all of a particular class. P. 619</p> <p>3. A statute relating to persons or things as a class is a general law; one relating to particular persons or things of a class is special. P. 619</p> <p>4. The prohibition contained in section 24 of article 4 of the Constitution in the matter of local or special laws regulating precinct affairs has reference to such affairs as concern precincts in their governmental or corporate capacity, with which chapter 94, Laws 1909, is not concerned.</p> <p>P. 619</p> <p>5.The constitutional provision that in every case where a general law can be made applicable no special law shall be enacted leaves a discretion with the Legislature to determine the cases in which special laws should be passed.</p> <p>P. 620</p> <p>6. Held, that chapter 94, Laws of 1909, is a special act, but one not within the inhibition of the Constitution (section 24, art. 4) because a general act could not be made applicable. P. 620</p> <p>7. Chapter 94, Laws 1909, prohibits trespass by livestock and subjects owners to liability for damages without regard to whether trespass was willful. P. 622</p> <p>8. Hill v. Winkler, 21 N. M. 5, 151 Pac. 1014, distinguished.</p> <p>P. 622</p>