Fourth. Special acts legalizing the acts of any officer, trustee, agent, or court. Fifth. Acts establishing or changing county seats. Sixth. Acts changing the names of towns or individuals. Eighth. Special acts providing a remedy for the destruction of rec ords and papers. Ninth. An act entitled "An act to apportion senators and representatives for the next five years," approved February 13, 1851. Tenth. An act entitled "An act to provide for the funded debt of the state of Indiana, and for the completion of the Wabash and Erie canal to Evansville," approved January 19, 1846; and an act supplementary thereto, approved January 27, 1847. Eleventh. An act authorizing minors to convey real estate. Twelfth. All laws now in force relating to or in any way affecting the Wabash and Erie canal, or the construction thereof; or granting any privileges, rights, or immunities to any persons relating to said canal; or relating to canal lands, or canal loans or funds; or to the purchasers of canal lands, or to settlers thereon; or to the assessment of damages for lands or materials taken for the construction thereof; or the enforcement of police regulations thereon; and all the provisions affecting the trust vested in the board of trustees of said canal at the time the same passed into their hands. Thirteenth. All laws relating to the Michigan Road or Michigan Road lands. Fourteenth. All laws relating to the issue and redemption of treas ury notes. Fifteenth. All laws now in force regulating the election and duties of state printer. Sixteenth. All laws now in force relating to the construction or preservation of any and all canals, railroads, macadamized roads or turnpike roads, or to the assessment and payment of damages for lands or materials taken for the construction thereof. Seventeenth. All acts relative to the sinking fund. Eighteenth. All laws regulating the duties of the agent of state for the town of Indianapolis, and in relation to the sale of lots therein. Nineteenth. All laws regulating the sinking fund. Twentieth. All laws, general or special, now in force, regulating the sale of spirituous and intoxicating liquors, and prescribing punishment for violations of said laws. The act (R. S. 1843, p. 387) concerning private corporations is among the exceptions made in the first clause of this section, and is not repealed by it. Cruse v. Axtell, 50 Ind. 49. An act may be repealed without reference to its title. An identification of the act intended to be repealed is sufficient. Leard v. Leard, 30 Ind. 171. Repeal by implication is not favored. To constitute such repeal, the new statute must be repugnant to or cover the whole subject-matter of the old one. Coghill v. State, 37 Ind. 111. If statutes are so repugnant that both can not stand, the later one supersedes the former. Dowdell v. State, 58 Ind. 333; State v. Smith, 59 Ind. 179; Jeffersonville, etc., R. R. Co. v. Dunlap, 112 Ind. 93. 243. (243.) Vested rights.-2. No rights vested, or suits instituted, under existing laws shall be affected by the repeal thereof, but all such rights may be asserted, and such suits prosecuted, as if such laws had not been repealed. 244. (244.) Offenses excepted.-3. All crimes and misdemeanors committed under existing laws shall be punished in the same manner, and to the same extent, as if such laws had not been repealed. 245. (245.) Dower.-4. The law providing for the assignment of dower shall continue in force, so far as rights of dower vested under existing laws are concerned. [1867, p. 204. In force March 9, 1867.] 246. (246.) Langdon v. Applegate.-1. All laws heretofore passed, not in conformity with the ruling of the supreme court of this state in the case of Langdon against Applegate and others, reported in the 5th volume of the Indiana Reports, on page 327, are hereby repealed. 247. (247.) Time of action.-2. All actions arising out of or for a violation of any law repealed by this act shall be commenced within ninety days from the passage of this act, and not afterward. [1877 S., p. 73. In force July 2, 1877.] 248. (248.) Effect of repeal.-1. Whenever an act is repealed which repealed a former act, such act shall not thereby be revived, unless it shall be so expressly provided. And the repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing act shall so expressly provide; and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The laws of Indiana took effect at the dates following, except where emergency clauses otherwise provided: [1881 S., p. 240. In force September 19, 1881.] 249. (249.) One form of action.-1. There shall be no distinction in pleading and practice between actions at law and suits in equity; and there shall be but one form of action for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action. The code has not changed tne rules of law as to rights of parties. Scott v. Crawford, 12 Ind. 410; Woodford v. Leavenworth, 14 Ind. 311; Matlock v. Todd, 25 Ind. 128. In actions of injunction a judgment for damages may be rendered. Bonnell v. Allen, 53 Ind. 130. 250. (250.) Plaintiff and defendant.-2. In such action, the party complaining shall be known as the plaintiff, and the adverse party as the defendant. [1881 S., p. 240. In force September 19, 1881.] 251. (251.) Real party-Exception.-3. Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in the next section; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract. When a minor is the real party in interest, the suit should be in his name. Brock v. Parker, 5 Ind. 538; Perkins v. Wright, 37 Ind. 27; Edwards v. Beall, 75 Ind. 401; Wilson r. Galey, 103 Ind. 257. Whoever is entitled to receive the benefits of the suit is the real party in interest, and should institute the suit. Rawlings v. Fuller, 31 Ind. 255; Smock v. Brush, 62 Ind. 156; Board v. Jameson, 86 Ind. 154; Pixley v. Van Nostern, 100 Ind. 34; Fuller v. Curtis, 100 Ind. 237. The code substantially re-enacts the old equity rules for the joinder of parties. Tate . Ohio, etc., R. R. Co., 10 Ind. 174; Swift v. Ellsworth, 10 Ind. 205. If there is a transfer of interest after suit is begun the suit may be continued as brought, or the purchaser may be substituted as plaintiff. Harvey v. Myer, 9 Ind. 391; Pond e. Irwin, 113 Ind. 243. No one can maintain an action unless he has some interest in the matter in controversy. Shoemaker v. Board, 36 Ind. 175. If the interest of a party is separate he should sue alone, and if the interest of parties is joint they should all join as plaintiffs. Shoemaker v. Board, 36 Ind. 175. Where money was appropriated by a county board to secure volunteers for the army it was held that the volunteers could join in a suit. Young v. Board, 25 Ind. 295. See Goodnight v. Goar, 30 Ind. 418. If a note is payable to either of two persons, either may sue on the same. Diffenderfer v. Scott, 5 App. 243. |