« 이전계속 »
PREFACE TO THE SECOND EDITION.
The treatise upon the Interpretation and Application of Statutory and Constitutional Law, like that upon the Measure of Damages by the same author, has been, from the date of its publication, regarded as a legal classic. Based, in the main, upon the decisions of American courts, and discussing the principles of statutory construction as they have been expounded and illustrated by those tribunals, it has been far more useful to the American lawyer, and has been more readily accepted as a guide and helper by American judges, than any work upon the same subject founded chiefly upon English precedents and drawing its materials from English sources. Originally published in the year 1857, the first impression was long ago exhausted, and a new edition has long been demanded. This want is now supplied, and a new edition is offered to the profession. It is proper for the editor to explain its plan, and the nature and scope of the additions which he has made.
Mr. Sedgwick's text has been left unchanged, and the additional matter has all been placed in the form of notes. These notes, however, have not been broken up into numerous and short portions, and connected with every paragraph or proposition of the text. All the cases bearing upon each general topic discussed by the author, and the remarks deemed appropriate to be made upon them, have been collected and arranged together, and the notes are thus essays more or less elaborate, each treating at large upon an entire doctrine or principle of the law. In the first part of the treatise,-that which is concerned with the construction and interpretation of ordinary statutes,--the additions chiefly consist of the American decisions bearing upon the text, brought down to the time when this edition was passing through the press, with only so much of comment as was necessary to explain them and to develop the principles which
they announce. This course seemed to be entirely sufficient, because the author's treatment was exhaustive, and nothing more was needed than the further illustrations which the recent cases furnish. In the second part of the work,—that which is concerned with the guaranties of private rights contained in the State and national constitutions,—the additions made by the editor are much more extensive. The notes upon these constitutional provisions are, in fact, independent essays, complete in themselves. It was the design of the editor that his discussions upon the right of eminent domain, trial by jury, citizenship, vested rights, the titles and subjects of statutes, statutes impairing the obligation of contracts, and other similar subjects, should embrace all the points which have ever been determined, and refer to all the important cases, in addition to those quoted in the text, which have ever been decided, by the State and national tribunals. The extent and scope of the additions can be partially inferred from the fact that more than two thousand five hundred citations are to be found in the editor's notes. The author's notes can be easily distinguished from those added by the editor: the former being printed in two columns, while the latter extend across the entire page, and are separated from the original matter by a dividing line. The Index has been entirely rewritten, and will furnish an easy reference to all the matters contained in the text or in the notes. An attempt has been made, by a minute subdivision of heads and by numerous cross-references, to make this necessary part of every law book as full and as accurate as possible.
In conclusion, I desire to acknowledge in the fullest manner the assistance rendered in the preparation of this edition by F. V. BALCH, Esq., of the Boston Bar. To his diligence and accuracy are due the examination and selection of a large number of the cases which have been cited, and the matter which he thus furnished forms a very considerable portion of the substance of the notes which were arranged and composed by the editor.
JOHN NORTON POMEROY. ROCHESTER, N. Y., Oct. 7th, 1874.
meses de entirely sufficient, because
w the recent cases furnish. In
contained in the State and national connale by the editor are much more extenLese constitutional provisions are, in fact, ine in themselves. It was the design of the
PREFACE TO THE FIRST EDITION.
ris upon the right of emineut domain, trial - rights, the titles and subjects of statutes, nation of contracts, and other similar subthe points which hare ever been determined, tant cases, in addition to those quoted in er been decided, by the State and national and scope of the additions can be partially chat more than two thousand five hundred I in the editor's notes. The author's notes ed from those added by the editor: the for. wo columns, while the latter extend across
e separated from the original matter by a
all the matters contained in the text or in
To his diligence and accuracy are due the of a large number of the cases which hare tter which he thus furnished forms a vers the substance of the notes which were ar
A VERY slight glance at the field of jurisprudence is sufficient to convince us of the extent to which written law is making inroads upon the field of unwritten, customary, or common law.
One branch after another of the great topics of our science, become subjects of legislation. Statutes, codes, and constitutions succeed each other, and in our time, with greatly increased rapidity, threaten finally to absorb every topic of jurisprudence.
This process commenced long since, and is now going on, on the continent of Europe, in England, and this country, with equal certainty, if not with equal rapidity. Here particularly, in the absence of the State machinery and the social and religious organizations of the Old World, the very essence of our system may be said to be the government of Written Law.
This volume then, is an attempt to state the rules which control the interpretation and application of written law as it exists in the slape of Statutes and Constitutions; and if it succeed at all in giving more certainty and facility to the administration of this portion of the great science of justice, my object will have been attained.
It is my duty to refer to those who have preceded me in this path. There are various works on the subject of constitutional law, among which the most prominent is that of Mr. Justice Story, confined, however, to the Constitution of the United States. Mr. Smith's treatise, one of much labor and research, treats of statutory and constitutional law generally, and is the only one we have which can be properly said to treat of the same subjects as this voluine. The well known work of Sir Fortunatus Dwarris, in the second edition of which he has been assisted by Mr. Amyot,
JOHN NORTOV POMEROT. $74.
is confined to Statutes, It is a work of great soundness as well as of great originality of thought ; and my frequent references show at once the extent of my obligations to it, and my profound sense of its ability and value.
In taking leave of a task which has beguiled many hours of their weariness—which has furnished a partial solace for the sadness of many others, it behooves me to say that no one can be more aware than myself of the many imperfections of this volume : just in proportion to my conviction of the importance and magnitude of the subject, is my sense of the deficiencies in my treatment of it.
It is proper to add that I have intended carefully to avoid the discussion of topics of a political nature, or the expression of opinions having, directly or indirectly, any political bearing. To the best of my ability, I have made the treatise one purely of a legal character.
I submit the work to the judgment of the learned and able body 'of men to whose studies it chiefly appertains,—who are most able to discern and detect its errors and defects, and who at the same time will most readily recognize any claim of merit or utility that it may possess.
T. S. NEW YORK, May, 1857,