cumstances, upon information and belief; the information of his agent who personally made the payment inducing belief in the principal’s mind of the trath of the allegation. It is not necessary for the defendant to set forth that the fact of payment is not within his personal knowledge, for the very form of the allegation unmistakably shows a lack of personal knowledge on his part. Nor can this form of answer be used to retard the administration of justice. The defendant cannot shield himself from the charge of perjury if he in fact had no information, or if his so-called belief in what he sees fit to characterize as information is but a pretense for delay. This is not the case of a denial of information of a fact as to which information is readily attainable, but the averment of a fact upon information and belief where information may be, and often is, the only source of defendant's knowledge of that fact. Moreover, payment is frequently made by one of several parties to an instrument, as in this case, without the personal knowledge of any of the other parties thereto. All except the one who made the payment must allege such payment upon information and belief. The finding of payment being sustained, the other questions discussed are not involved, and hence will not be considered. The judgment and order are affirmed. All concur.
Wallin, J., having been of counsel, did not sit on the hearing of this case; Judge WINCHESTER, of the sixth judicial district, sitting by request.
State or North Dakota, Defendant in Error, v. John Haas, Plaintiff in Error.
Intoxicating Liquors—Constitutional Law—Title of Act.
Chapter 110 of the Laws of 1890, entitled “An act to prescribe the penalties for the unlawful manufacture, sale, and keeping for sale of intoxicating liquors and to regulate the sale, barter, and giving away of such liquors for medicinal, scientific, and mechanical purposes,” is not in conflict with § 61 of Article 2 of the state constitution, which provides that “no bill shall embrace more than one subject which shall be expressed in its title, but a bill which violates this provision ahall
