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CONSTRUCTION (continued) —

of statutes in pari materia, $ 288.
with reference to the common law, S 289.
a statute should be construed as a whole with reference to the whole

system of which it is a part, $ 219.
value of preamble in, SS 212, 213, 247.
extrinsic facts, which are supposed to have been known to legislature,

not provable to aid, 8 298.
liberal, SS 408-445.
of statute of limitations, SS 424–426.
of old statutes re-enacted after having received a construction, $ 424.
when statute has made no exception the courts can make none, $ 427.
of statute of frauds, $ 427.

to prevent delays in obtaining judgment, $ 435.
relative to arbitrations, $ 439.
giving right of appeal, $ 444.
extending elective franchise, $ 441.
taking away penalties, 8 441.
providing compensation to parties whose property compulsorily

taken, $ 441.
of provisions in favor of tax-payers, $ 441.

in favor of those affected by proceedings in derogation of common

right, $ 441.
for protection of officers, $ 442.

married women, S 442.
of acts for accomplishment of public objects, S 443.
strict, will not be given to penal laws which are declared by the statute

to be remedial, $ 445.
as to being directory or mandatory, SS 446–462.
opposed to giving retrospective effect, $ 463.

or to affect existing rights, $ 464.

or to create new obligations, $ 464.
as to being ex post facto, SS 465–470.
as to impairing obligation of contracts, SS 471-479.
documents for, to be read in view of surrounding facts, $ 300.
any document equally authentic as a statute in which the objects of a

statute are made known may be referred to, $ 300.
journals of convention referred to to learn intention of words in con-

stitution, $ 300.
of legislature for like purpose, $ 300.

or history of enactment, $ 300.

or to see if duly passed, $ 300.
declarations of members of legislature as aid to construction, $ 300.
contemporaneous, when invoked, $ 307.
statutory, prospectively conclusive, $ 307.
when acted on by inferior courts, $ 307.
when decisions conflicting, $ 307.
effect of general usage on, $ 308.
local differences in construction of general statutes disregarded, S 308.

CONSTRUCTION (continued) —
practical, by those for whom law enacted not lightly questioned, 8 309.

effect of in interior department of the general government, S 309.
of state and county officers, S 309.

should be adhered to, SS 310, 313–320.
with reference to effects and consequences, SS 321–324.

presumed not intended to affect existing institutions, systems and

policies any further than the terms of the statute require, S 321.
ought to be reasonable if the words will permit, SS 322, 324.

so that public and private rights are not infringed, SS 322, 323,

324.
considerations of what is reas le, convenient, causes hardship or

injustice have weight, SS 322, 323.

pernicious consequences will be avoided by, if possible, 8 322.
presumed that legislature intend every part of a law to have effect,

$325.
that statutes passed from good motives, $ 330.
that facts necessary to validity of statute existed, $ 331.
that the legislature did not intend a vain thing, $ 331.

or to violate the constitution, $ 331.
strict and liberal compared, SS 346-348.
strict, not precise converse of liberal, SS 347, 348.

does not admit of expansion beyond letter, SS 347, 348.
strict, varies according to gravity of consequences, 347.
strict, results from many rules of, $ 347.
strict, consistent with effect to carry out intention, SS 348–350.
strict, of penal statutes, SS 347–361.
penal statutes cannot be extended beyond their letter by, $ 350.

cases within the policy or mischief of statute excluded if not within

the letter, SS 350–352.
strict, does not preclude the application of common sense, SS 350-356.
most favorable to accused to be adopted, SS 353, 357.
of revenue laws, SS 361-363, 365.
exemption from taxation and other common burdens, $ 364
statutes against common right, § 366.

of limitations, $ 368.
as to new trials and appeals, & 369.

interfering with legitimate industries, $ 370.
of statutes creating liabilities, SS 371-377.

for costs, SS 371, 372.
causing death, S 371.
discharging insolvent debtors, $ 372.
granting exemptions from execution, S 372.
allowing recoveries for damages resulting from intoxication, against

sellers, etc., SS 373–377.
of public grants, SS 378, 379.
delegation of power, SS 379–396.
of statutory rights, SS 397, 398.
statutes in derogation of the common law, $ 400.

CONSTRUCTION (continued) –

interpretation clause authoritative, $ 402.
contemporaneous legislative construction high evidence of intention,

8 402.
so far as it professes to declare the past or present meaning of statute,

not binding on the courts, $ 402.
policy of law, how considered for, 8 407.

CONTEMPORANEOUS CONSTRUCTION

what is, SS 307–312.
when invoked, 307.
length of time continued important consideration, $ 312.
has implied judicial, legislative and popular sanction, SS 307, 309.
where statute doubtful, effect of long construction by inferior courts,

$ 307.
of constitution, long acquiesced in, S 307.
by official usage, 8 309.
judicial interpretation, S 310.

CONTEXT-

may serve to engraft an exception to general words by implication, $ 216.
to restrict general words, or expand them, SS 216, 239-241.
words expanded or limited to agree with general intent, &$ 218, 237–246.
statute itself furnishes the best means of its own exposition, SS 219, 237,

241.
when the words not certain, intent may be collected from context, etc.,

$ 241.
may modify meaning and effect of words of absolute repeal, $ 242.

and of particular words and expressions, S 242.
may show the word orphan to mean minor, S 242.

jury merely a credible person, $ 242.

birds not live animals, S 242.
may show intent that limited expression shall be expanded, $ 245.
to be consulted to learn in what sense words intended to be used, § 246.
will not change effect of words contrary to intent, & 246.
popular meaning of words accepted unless contrary intention appears

by, S 250.
otherwise when the context shows different intention though a

general statute directs that the popular meaning be followed,

§ 251.

“and” and “or” used indifferently, unless other intent indicated in,

$ 252.

effect of, showing repeated use of same words, $ 254.
available to correct mistakes, S 260.
effect of associated words, SS 262–265.
effect of, when general words follow particular, SS 268-281.

CONTINUING POWER-

when not conferred, § 432.

CONTRACTS –

illegal when in contravention of law, SS 335, 336.
may be valid though contravening revenue regulations, $ 336.
obligation of, defined, SS 471, 477.
what are, within probibition of laws impairing obligation of, $ 472.
certain laws part of, S 471.
state, like a natural person, bound by its contracts, & 472.
municipal charters not, $ 473.
charters giving bounties, patents and copyrights are, $ 473.
may be validated by statute, & 474.
of state, protected from impairment like those of private persons, $ 475.

how its contracts may be impaired, $ 475.
if a contract a nullity it cannot be made good by subsequent legislation,

$ 480.

when, may be made good by statute, 8 483.
CONTRADICTIONS -

cannot stand together, $ 217.
how resolved where general provision, applicable to multitude of sub-

jects, antagonized by another, applicable to a part of those sub-

jects, S 217.
considerations of reason and justice have weight in adjusting such

conflict, $ 217.

effect of analogies in such case, $ 217.
effect of total conflict, S 220.

effect of, by provisos and saving clauses, S 221.
CONVENIENCE -

argument based on, forcible, S 152.
out of place against plainly expressed intention, $ 238.
considered in construction of statutes, SS 322, 324.
argument upon, has no force when the law is plain, SS 325, 332.
presumption that inconvenience, injustice and absurdity not intended,

$ 332.

acts remedial when intended to promote public, $ 438.
CONVICTION

can be none for offense unless the law violated be in force, $ 166.
CORPORATIONS-

established by public law, judicially noticed, $ 295.
municipal, vested with portion of governmental authority, $ 380.

confined in their action to powers granted, S 380.
grants to, whether public or private, strictly construed, SS 380, 381, 383.
city having power to make contracts to supply water cannot constitute

a monopoly, $ 384.
charter construed with reference to the whole, and not the individuals,

$ 381.

cannot be created except by statute, $ 382.
powers of, only such as statutes confer, $ 382.
no particular form of words necessary to create, $ 383.
may result from necessary implication, $ 383.

CORPORATIONS (continued) --

enumeration of powers implies exclusion of others, $ 382.
may be organized under general law for every purpose within its lan-

guage, S 383.
even for a business which could not have been within the legislative

contemplation, $ 383.
granting to common council power to judge of the election of its mem-

bers does not oust the courts of jurisdiction, $ 384.
must pursue statutory modes when any are prescribed; otherwise may

act in customary way, $ 385.
grants of special powers to, to be followed as mandatory, $ 456.
construction of law authorizing, to act when certificate of organization

filed, $ 456.
must conform their action to law of their creation, 8 456.
all subject to the exercise of the essential powers of government, $ 473.
liability of stockholders cannot be altered by law subsequent to con-

tracting debt, & 474.
COSTS-

statutes allowing, how construed, § 371.
statutory provision permissive in form as to, imperative, $ 461.
construction of statute relative to payment of by county when convict

unable to pay, $ 419.
COUNTIES-

subject to legislative control, S 473.
COURTS -

construction of foreign law by, S 192.
have power to declare invalidity of unconstitutional laws, S 331.
will use their best energies to reconcile acts with constitution, $ 331.
of two possible constructions will adopt that which will maintain stat-

ute, $ 332
will not pervert language and sense of statute to maintain it when

plainly unconstitutional, $ 332. ,
judicially notice public statutes, $ 335.
what included in supervisory power over inferior tribunals, $ 342.
inherent power of, to make rules, S 342.
statutes not presumed to be intended to oust jurisdiction of superior,

$ 333.
constitutional directions as to scope of decision directory, $ 452.
statutory direction that instructions to jury be in writing, how con-

strued, $ 451.
that they caution jury, directory, S 452.

to advertise adjournment of, directory, $ 452.
terms of, fixed by law, judicially noticed, 298.
take notice who are their own officers, $ 299.

and their signatures, $ 299,
of their own records, S 299.
not of what relates to another case, g 299.
garnishment not another case, $ 299.

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