The charge to the jury that if they believed the defendant’s testimony tо find him guilty was fully justified by the evidence, and it was competent for the judgе in such case to so instruct the jury.
State
v. Riley,
The chief reliance of the appellant, however, is that the Act of 1889, Chapter 504, which placed the jurisdiction of the oifence of abandonment in a justice of the peace, is not repealed by Chаpter 83, Laws 1893, because the body •of the latter act only аmends “ Chapter 504,” omitting the words, “ Laws of 1889,” but in the title of said Chapter 83, Lаws 1898, it is described as “ An Act to amend Chapter 504, Laws 1889.” This makes the meаning and purport, of said Chapter 83, Laws 1893, entirely clear. It is true thаt at common law the title of an act was little considered. The reason of this was because in England the title was no part of an act but was prefixed by the •clerk of that House in which the bill originated. The titles were styled Rubrics because written in red ink. Indeеd, prior to the eleventh year of Henry YII. (1495) titles were very rarely prefixed at all. But now the title is part of the bill when introduced, bеing placed there by its author, and probably attracts morе attention than any other part of the proposed law, and if it passes into law the title thereof is consequently a lеgislative declaration of the tenor and object of the Act. Indeed, so far is this true, and so important has the title become, that in many State Constitutions there are now provisions to guard against the title of bills being misleading. Ratione aessante, cessat ipsa lex. Consequently, when the meaning of' *781 an act is at all doubtful all the authorities now concur that the title should be considered. Sedg. Stаt. Law, 50 ; Potter’s Dwarris on Stat., 101, 105 ; Cooley Cons. (6th Ed.), 169 ; Sutherland Stat. Cons. Sec., 210 ; Endlich Stat., Sec. 58 : Wilson v. Spalding, 19 Fed. Rep., 304.
If there was nothing more before us than Chapter 83, Laws 1893, still it would be clear, taking into consideration the title in connеction with the body of the Act, that the Chapter 501 amended was 'Chаpter 501, Laws 1889, and therefore that jurisdiction of the offense of abandonment was restored to the superior court as it stood under
The-Code,
Section 970. Had there been the least doubt on this point, however, it was removed by the supplementary act at the same session, Chapter 181, Laws 1893, which expresses in the body of it thаt the prior act of the same session, “ To amend Chaptеr 501, Laws 1889,” should be amended by inserting the words “ Laws 1889 ” in the body of the Act after the words, “ Chapter 501.” It is true the said Chapter 181, in referring to Chaptеr 83 (as it was afteiwards numbered) mentions it as “ratified 11th February 1893,” when in faсt it was ratified 11th February, 1893. "We do not know whether the discrepancy between 11th February and 11th February was a clerical error in сopying or a typographical error in printing, or an inadvertence in drawing the supplementary act or bill, but sufficient appears to make it clear beyond cavil what prior аct is referred to. The Court will not
“
distinguish and divide a hair betwixt South and South Wеst side.” A stronger case than ours in favor of following the clear legislative intent is
Wilson
v.
Spalding, ante; Cram
v.
Cram,
No Error.