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CONSTRUCTION (continued) —

interpretation clause authoritative, § 402.

contemporaneous legislative construction high evidence of intention,
§ 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, § 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, §§ 307, 309.

where statute doubtful, effect of long construction by inferior courts,
§ 307.

of constitution, long acquiesced in, § 307.

by official usage, § 309.

judicial interpretation, § 310.

CONTEXT-

may serve to engraft an exception to general words by implication, § 216.
to restrict general words, or expand them, §§ 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, §§ 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, § 242.

may show the word orphan to mean minor, § 242.

jury merely a credible person, § 242.

birds not live animals, § 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, § 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, § 260.

effect of associated words, §§ 262–265.

effect of, when general words follow particular, §§ 268–281.

CONTINUING POWER-

when not conferred, § 432.

CONTRACTS —

illegal when in contravention of law, §§ 335, 336.

may be valid though contravening revenue regulations, § 336.
obligation of, defined, §§ 471, 477.

what are, within prohibition of laws impairing obligation of, § 472.
certain laws part of, § 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, § 483.

CONTRADICTIONS -

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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, § 217.

considerations of reason and justice have weight in adjusting such
conflict, § 217.

effect of analogies in such case, § 217.

effect of total conflict, § 220.

effect of, by provisos and saving clauses, § 221.

CONVENIENCE-

argument based on, forcible, § 152.

out of place against plainly expressed intention, § 238.

considered in construction of statutes, §§ 322, 324.

argument upon, has no force when the law is plain, §§ 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, § 380.

grants to, whether public or private, strictly construed, §§ 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, § 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, § 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, § 473.

COURTS -

construction of foreign law by, § 192.

have power to declare invalidity of unconstitutional laws, § 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, § 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, § 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, § 299.

not of what relates to another case, § 299.
garnishment not another case, § 299.

COURTS (continued) -

provisions granting special powers to, mandatory, § 456.

words permissive in form, or importing power and authority, imper-
ative, § 461.

may declare statutes, contravening constitution, void, § 169.

take judicial notice of public statutes, §§ 181, 198.

and their derivation, validity, commencement and operation, § 181.
state, take notice of federal statutes, § 181.

will inform themselves of facts which affect statutes, §§ 181-183, 292–312.
cannot judge of wisdom of statutes, § 235.

cannot correct excesses or omissions in, § 235.

confined to statutory power, § 391.

to take notice of all proper records affecting the validity of statutes,
SS 41-45, 52-54.

power of to make rules, § 68.

to determine what are general laws, § 118.

are not to determine when general laws can be made applicable, § 118.
COVENANT —

none implied in public grants, § 378.

CRIMES-

are in their nature local, § 12.

punishable exclusively in the country where committed, § 12.

CRIMINAL MIND-

necessary to conviction for offenses, §§ 354, 355.

in what the wrongful intention may consist, § 355.

by-laws may be violated without this element, § 355.

reasonable belief in existence of circumstances may rebut, § 355.

may have exculpating effect, like absence of reasoning faculty,
$ 355.

CUMULATIVE-

grant of jurisdiction, when not exclusive, §§ 396, 399.

new remedy where one already exists, § 399.

CURATIVE ACT-

as to instruments recorded, held not repealed by subsequent statute pro-
hibiting recording such instruments, § 148.

have a wholesome effect, § 206.

legislature has power to pass, § 483.

if they do not interfere with vested rights nor impair obligation of
contracts, § 483.

when valid, § 483.

may validate contracts and deeds defectively executed, acknowledged

or recorded, § 482.

marriage may be validated, § 483.

and offspring legitimated, § 483.

jurisdictional facts being wanting, a proceeding requiring them fatally
defective, §§ 323, 484.

and such defects cannot be cured by legislation, § 484.

DAMAGES-

allowed by statute for causing death, § 371.

resulting from intoxication, §§ 373–377.

DEATH

no apportionment of, among vendors of liquors, § 377.

-

statutes giving right of action for, to widow and next of kin, how con-
strued, SS 371, 398.

confined generally to pecuniary damages, § 371.

liberal construction of statute of limitations as applied to actions abated
by death or marriage, § 424.

DEED OF TRUST-

of mode of security, required on loaning public funds, not imperative,
§ 452.

DELEGATION -

of legislative power, §§ 67-73.

of taxing power, strictly construed, § 365.

of governmental authority, must be clearly made, § 380.

powers granted to city not to be delegated to committee, § 384.
DEVISE-

power to take land by, not implied from that to incorporate, § 378.
DIRECTORY STATUTES-

explanation of, in comparison with mandatory statutes, § 446.
no universal rule as to, § 447.

affirmative statutes do not always imply a negative, § 447.
importance of provision to be considered, § 447.

its relation to others, § 447.

provisions as to time, $$ 448-450.

which are formal and incidental, §§ 451-453.
substantial observance of, sufficient, § 451.

DISTANCE-

how computed on a river, § 253.

DOCKET-

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of judgments, statutory directions concerning, how construed, § 451.

EJUSDEM GENERIS-

when things included in general words following particular must be,
S$ 268-276.

such general words will not include things or persons of a superior

class, § 277.

construction when enumeration is exhaustive, § 278.

intention appearing it controls these rules, §§ 279, 280.

ELECTION—

statutes requiring proclamation concerning, mandatory, § 451.

that inspectors of, be sworn, directory, § 452.

concerning manner of conducting, directory, § 452.

power granted to common council to judge of election of their mem-
bers not exclusive. § 384.

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