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INTENTION (continued) –
then the simple duty of the courts to enforce the law according to its
terms, SS 237, 238.
cases cannot be included or excluded merely because there is no reason
against it, $ 237.
if different from the literal import, it should prevail, SS 237, 245.
question for the court is, what did the legislature really intend, S 238.
if it is plain from the statute itself, and others in pari materia, no dif-
ferent intent can be imputed to serve a supposed policy or maintain
its validity, 8 238.
one part to be construed with another, $ 239.
the general intent the key to that of all the parts, 240.
it is controlling as to minor parts, SS 241, 245.
declaration of, in an act controlling, $ 246.
ascertained from whole act, a guide in reading particular words and ex-
pressions, SS 241–246.
may exclude cases within the letter, & 243.
in following the, where reason ceases, the law ceases, $ 243.
notice not necessary to officer of his own act, $ 243.
possession of game during period prohibited when consistent with
innocence, & 243.
requirement of notice of things done, may require notice of non-
action, S 243.
general exemption from taxation may be confined to taxation for
revenue, $ 243.
new condition may be supplied by implication, $ 244.
or new exceptions, $ 246.
inaccuracies of name may be corrected, § 244.
literal sense of words departed from, SS 245, 246, 251, 259.
"city" may include incorporated town, & 245.
limited words or expressions may be expanded, $ 245.
or general words restricted, $ 246.
seemingly incongruous provisions brought to harmonize, S
restrictive clauses in one section may be amended by implication
in others, & 246.
context will not modify natural effect of words contrary to, § 246.
words and phrases to be construed according to, $ 247.
“immediate danger" qualified to effectuate, & 251.
"and” and “or” used indifferently and construed according to, $ 252.
presumption of, where legislature enact a statute without change after
it has received construction, $ 255.
when re-enacted with change, SS 255, 256.
will control grammatical sense, $ 258
may be effectuated by correction of mistakes by context, $ 260.
omitted words may be supplied, wrong word changed t) correct
one, and meaningless disregarded, S 260.
by transposing clauses, S 260.
must be clear to correct words of statute, 260,
INTENTION (continued) —
controls the rule from associated words and maxim of ejusdem generis,
SS 267, 279, 280.
proof of extrinsic facts supposed to have been known to legislators and
to have influenced their intentions, $ 298.
strict construction not to defeat, SS 348–350, 356.
case must be within, and also letter of penal statute, SS 349, 350.
to bring case within penal statute there should be a criminal intention,
SS 354, 355, 356.
liberally inferred in construing remedial statutes, 8 409.
cases not within, excluded, 8 411,
how to be learned, § 412.
no set form to express, $ 416.
words controlled by, when manifest, SS 416, 417, 423.
how it controls in construction of statute of limitations, SS 424 426.
of statute of frauds, $ 428.
cases not within, excluded though within the letter of statute, 5 428.
municipal corporations excluded from general law of garnishment,
words may be restrained to bring operation of statute within, SS 428,
whether statute directory or mandatory decided upon, $ 447.
where doubtful, statute construed to operate prospectively, SS 463, 434.
INTERPRETATION (see CONSTRUCTION) —
compared with construction, $ 236.
introduced to remove possible obscurity, $ 216.
binding, authoritative, SS 229, 231, 246.
criticisms of, $ 230.
general and special provisions of the nature of, S 231.
latter of most weight, $ 231,
enactment based on misconception of what the law is, does not of itself
change the law, S 231.
general statutory definition will apply only where no different intention
appears, 8 331.
when authoritative, $ 402.
not binding on the courts, $ 402.
when legislative construction high evidence of intention, $ 402.
to what applicable, S 402.
when strictly construed, § 402.
regarded with disfavor in England, $ 403.
not always regarded as containing definitions, $ 404.
but provisions by way of extension, $ 404.
will still include its proper sense, S 404.
not generally absolute, but only applicable when not inconsistent with
intent, $ 405.
when penal acts declared remedial, 8 445.
nature of judicially noticed, 8 303
statute allowing recovery of damages for, against vendors of liquors
and of renters, S 373
held remedial, SS 373–377.
actual damage necessary, 8 374
injury to person must be physical, 8 374
exemplary allowed only where there are aggravations, S 374.
exception in Ohio, S 374
consequential injuries recov
construction as to elements of damage, SS 374, 376.
form of remedy and parties, SS 376, 377.
statute providing for obtaining, on motion strictly construed, SS 393, 398.
construction of remedial statute as to effect of voluntary discharge from
arrest under, $ 416.
act to prevent delays in obtaining, remedial, 8 435.
providing for docketing, how construed, $ 451.
of public statutes, $ 181.
of facts affecting them, SS 181-183, 292–312
of the common law, S 184
of other states, § 184.
of state statutes by federal courts, & 185.
of public law, SS 293, 294.
commencement, expiration and repeal of statutes and their con-
struction, S 293.
of any decision that they are unconstitutional, $ 293.
includes notice of all facts and proceedings which concern their
validity and interpretation, S 294
may resort to history to do away with obscurity, $ 294
of the common law and the fundamental law, S 295.
the law of nations, S 295.
the law merchant, S 295
of the antecedent laws, $ 295.
of matters so notorious as to be universally kr.own, $ 293.
matters within the cognizance of the particular court, & 293.
when acts done in pursuance of foreign law nade effectual by domestic,
the former noticed, 8 293.
of territorial divisions of state, 8 295,
of corporations and institutions established by law, $ 295.
of state laws by federal courts, S 293.
treaties, law of the land and judicially noticed, S 293
of general customs $ 295
of meaning of C. 0. D., 8 295.
business of mercantile agencies, $ 296.
JUDICIAL KNOWLEDGE (continued) —
commercial usages as to holidays, $ 296.
customs of the road, S 296.
of the sea, S 296.
private statutes and by-laws not noticed, S 296.
nor municipal ordinances, $ 296.
of existence of foreign nations, S 297.
their national emblems and flags and seals, & 297.
that they have judicial tribunals, etc., § 297.
and general nature of their jurisprudence, $ 297.
supreme court maintained its appellate jurisdiction depending on
amount by taking notice of vast mining operations on the public
lands, $ 298.
courts take notice of the result of an official census, § 298.
of derivation of land titles, § 298.
that a portion of state was in insurrection, S 298.
and under whose control, 3 298.
that in consequence certain courts closed, 8 298.
civil law suspended, $ 298.
what law prevailed, § 298.
that the Confederate currency imposed by force, and at discount,
of the general facts relating to its emission, etc., S 306.
the accession of persons to office and the tenure under constitution
and laws, $ 298.
the geography and topography of state, SS 298, 304, 305.
the navigability of large rivers, $ 303.
the history of state as to facts of general interest, 298.
of the boundaries of state, $ 298.
its civil divisions created by law, § 298.
of notorious surveys, streets, areas and lines, $ 298.
of terms of courts fixed by law, $ 298.
of their own officers, and records, $ 299.
not of contents of record in another case, S 299.
garnishment not another case, $ 299.
of facts in general, SS 301-306.
of the character of a trade as to being a nuisance, $ 301.
of gift enterprises, $ 303.
of the seasons, $ 302.
calendar, $ 302.
that a patent was void for want of novelty, S 304
of the course of nature, SS 302, 305.
mortuary tables based on, $ 302.
of the nature of liquors, S 303.
that coal oil inflammable, $ 305.
of the course of agriculture, $ 302.
when particular crops mature, S 302.
not of vicissitudes of climate, S 302.
of what is generally known in their jurisdiction, $ 304.
JUDICIAL KNOWLEDGE (continued) —
of the art of photography, S 305.
of philosophic and scientific facts and principles, $ 305.
that work of barber not one of necessity on Sunday, 8 306.
of the nature of lotteries, of billiard tables, S 306.
of the character of the circulating medium and meaning of popular
language concerning it, $ 306.
of the changes in the course of business and of new processes to facili-
tate it, & 306.
of railroad superintendent's general authority, § 306.
of the customary price of ordinary labor, 8 306.
of meaning of well-known abbreviations, $ 306.
that free masonry a charitable institution, $ 306.
the usual duration of voyage across the Atlantic, 8 306.
the ordinary incidents of railway travel, 8 306.
that the language of all countries fluctuates, $ 306.
the distance between well-known cities, S 306.
the speed of railway travel between them, $ 306.
particular facts of state history, S 298.
JUDICIAL POWER —
what its exercise includes, $ 5.
authority in exposition of law, 85.
nature of, $ 6.
determines what the law is, $ 11.
and kind and measure of redress, S 11.
its function to expound the laws, $ 2.
what measure of judicial power vested in, $ 5.
within province of, to decide as to validity of statutes, & 41.
may be taken away by repeal of statutes conferring, $ 165.
effect of, $ 165.
effect of abolishing and restoring, on pending cases, § 165.
special, must be confined to enumerated subjects, 8 380.
and exercised according to statute, SS 394–396.
over waters, with reference to low-tide line, S 386.
towns may have co-extensive, 8 386.
statutory, conferred on courts, how construed, $ 391.
methods of obtaining, strictly construed, $ 394.
of courts, not given or lost by implication, $ 395.
not taken away by grant of similar to another tribunal, SS 395–397.
granted by constitution, cannot be abridged or altered by legisla-
tion, $ 397.
repeal of statute giving jurisdiction takes away power to proceed in
pending cases, $ 464.
statutory, confined to enumerated cases, $ 342.
when general, 342.
granted by constitution, unalterable by legislature, & 397.