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JURISDICTION (continued) —
statutory, act conferring construed strictly as to extent, liberally as to
mode of exercise, § 435.
of justices, as to penalty, $ 438.
divorce, includes power to grant alimony, S 341.
incidental powers from, general and special, SS 342, 343.
statutes assuming by regulating exercise of, confer, $ 342.
granted to a court, to be exercised as such, $ 342.
statutes not presumed to intend to oust, of superior courts, $ 333.
a statute giving common council power to judge of the election of its
members does not oust the jurisdiction of the courts, S 384.
depending on junction of towns, $ 437.
held to mean a witness in a procedure act, $ 423.
statutory provisions as to summoning, directory, 8 449.
as to drawing, directory, $452.
for public enterprises, how construed, 379.
do not include right of public ferry. $ 379.
to ascertain intent of, courts may consider condition of country and the
purpose declared on face of, $ 379.
LANDLORD AND TENANT-
statute amending another affording summary remedy between, liber-
ally construed, $ 435.
LAW MERCHANT –
courts take notice of, 8 295.
LAW OF NATIONS -
courts take notice of, 8 295.
LAW OF THE CASE -
a decision of the supreme court is the, in subsequent proceedings, $ 320.
in case of change of sovereignty, $ 19.
of colonists, SS 15, 16.
LAWS IMPAIRING OBLIGATION OF CONTRACTS –
recording laws affecting priority may be passed, § 474.
contracts may be validated by subsequent statute, $ 474.
corporate charter not subject to be forfeited by statute for past acts,
which when done not cause, $ 474.
state contracts within constitutional prohibition, $ 475.
what impairment of prohibition prevents, $ 475.
municipal power of taxation cannot be withdrawn to impair its capacity
to pay debts, $ 475.
remedy within control of state, but cannot be so changed as to materiall,
affect obligation of contracts, SS 476, 477.
how greatly may remedy be changed, $ 478.
list of admissible changes, $ 476.
LAWS IMPAIRING OBLIGATION OF CONTRACTS (continued) –
effect of mortgage cannot be changed, § 477.
mode of redemption may not be altered, $ 477.
nor conditions of sale, $ 477.
how far exemptions allowed, SS 477, 478.
legislation not permitted to affect construction of existing contracts,
and parties entitled to a remedy as efficacious as when the contract
was made, $ 478.
stay laws, $ 478.
change of jurisdiction of courts to adjudge present payment or collec-
tion of debts, $ 478.
imprisonment for debt may be abolished, $ 478.
preventing mortgagee from taking possession before foreclosure, $ 478.
shortening the time of redemption, $ 478.
suspending the right to sue on the bond or note until after foreclosure,
prohibited by constitution, $ 206.
laws affecting validity, construction, discharge or efficient enforcement,
SS 471, 474
prohibition applies to executed and executory contracts, $ 472.
to corporate charters, S$ 472, 473.
state cannot impair obligation of its contracts, $ 472
statutes granting franchises, bounties, patents, copyrights, etc., protected
against impairment, $ 473.
prohibition does not permit any degree of impairment, 474.
does not permit any change of the terms, $ 474.
extends to change of law by judicial decision, & 474.
bankrupt or insolvent law for discharge of debtor prohibited, $ 474.
or discharge by part payment, $ 474.
laws of this effect prohibited, § 463.
what laws come within prohibition, SS 471-479.
when conclusive, S 307.
long, should be adhered to, g 311.
LE JISLATIVE JOURNALS -
not records at common law, S 44.
their force as evidence to affect validity of statutes, SS 30-45.
records, when required by the constitution, $ 44.
may be consulted for parliamentary history of an act, $ 43.
silence of journals as to facts not required by the constitution to be en-
tered will not affect statute, SS 46, 47.
entries necessary to show compliance with constitution in particulars
required by it to be there shown, S 48.
when there is power to dispense with readings on separate days the
cause need not be entered on, $ 47.
LEGISLATIVE POWER –
distinct from other fundamental powers, 8 2.
of federal government, vested in congress, S 4.
LEGISLATIVE POWER (continued) -
of congress, $ 4.
of state legislatures, SS 4, 6.
its sole function of law making, $ 6.
nature of, SS 6, 8.
how it acts, 8 7.
scope of its exercise, SS 7, 8, 11.
limitations, SS 10, 11.
federal and state, SS 4, 21.
cannot be delegated, § 67.
what is a delegation of legislative power, & 69.
powers may be granted which are quasi-legislative, 8 68.
delegation of, &S 67-73.
LEGISLATIVE PROCEDURE -
constitutional regulations of, mandatory, SS 26, 30, 41, 42, 50, 64, 65, 66.
bills must be signed by presiding officer. § 51.
only necessary when expressly required, $ 51.
signatures of presiding officers not a part of legislative process, $ 51.
purpose of requiring them, $ 51.
when acts should be approved, SS 55, 56.
nature of functions of executive on bills, S 55.
how a bill will become a law without approval, $ 57.
computation of time for this purpose, SS 57–59, 111, 115.
how a bill to be returned when vetoed, 8 59.
submitting to popular vote laws or questions relating thereto, SS 71-73.
local laws may be made to depend on popular vote, S 75.
LEGISLATIVE RECORDS –
at common law, SS 27, 28, 30.
conclusive, SS 27, 30, 40.
when legislative journals may be consulted to impeach, SS 40, 45.
has exclusive power to make laws, $ 2.
scope of its functions, SS 7, 10.
must be legal, S 26.
is in America a representative body, § 29.
derives its power from a constitution, $ 29.
compared with British parliament, $ 23.
m ist legally convene, g 26.
it exercises a delegated power, S 26.
must keep within power granted as to membership, etc., § 26.
procedure prescribed in constitution mandatory, SS 26, 29, 30, 41, 42, 50.
limitation as to time for introduction of bills, $ 26.
not to be evaded by amendments, $ 26.
common-law record of legislation, $ 27.
legislative records under constitutions, SS 30, 45.
cannot authoritatively declare what the law is or has been, $ 229.
a legislative construction of a statute has weight, $ 229.
LEGISLATURE (continued) -
its authority is exclusively to declare what it shall be in the future,
presumed to know existing statutes, SS 226, 287.
statutory provisions as to making, before witnesses not imperative,
statutes creating or increasing, strictly construed, § 371.
to what statutes applied, SS 408, 409.
applied to remedial and other statutes enacted pro bono publico, unless
prevented by some paramount rule of construction, SS 410, 412.
applied to carry out intention, $ 409.
intention liberally inferred by, $ 409.
what is, and illustrations, SS 415-433.
consists in giving words such meaning as renders statute effectual
to carry out intention, $ 416.
of redemption laws, $ 420.
exemptions, SS 420-422.
of word “jury” in procedure act, § 423.
of statute of mortmain, $ 423.
of testamentary bond, S 423.
of statute of limitations, SS 424–426.
when action abated by death or marriage, $ 424.
of the statute of frauds to effectuate its purpose, $ 427.
by, cases excluded though within the letter, if not within the intention,
SS 428, 429.
of act to prevent delay in obtaining judgment, $ 435.
purpose of, $ 430.
of statutes relative to arbitrations, $ 439.
of statutes giving right of appeal, S 440.
of acts extending elective franchise, $ 441.
taking away penalties, $ 441.
providing compensation, $ 441.
provision in favor of tax-payers, etc., S 441.
for protection of officers, $ 442.
married women, S 442.
of acts for accomplishment of public objects, $ 443.
for prevention of fraud, S 443.
pursuing profession without required license vitiates claim for services,
defense of statute of, a vested right, $ 480.
time occurring before passage of statute may be added to time afterward
to make up period, § 482.
LIMITATIONS (continued) -
under successive, part of time under one may be added to period under
another, S 151.
general provision that statute of shall run against the state will not be
construed retrospectively, § 464.
effect of title sustained by the bar where parties reside, $ 479.
statute of, will not be construed to apply to existing cases, $ 464.
statute of, relates to remedy and not directly to right, $ 479.
does not necessarily impair obligation of contract, S 479.
statute of, at place of suit applies, $ 479.
of action against sheriffs, etc., in remedial statute, how construed, S 416.
statutes of, how construed, SS 368, 424, 426.
where action has abated by death or marriage, $ 424.
when statute has made no exception, the courts can make none, S 427.
one recognized in case of civil war, S 427.
as to new trials and appeals, S 369.
may be construed in remedial statute to mean moneys voluntarily ad-
vanced without legal request, $ 420.
LOCAL LAWS (see SPECIAL LAWS) —
may be made to depend on popular vote, S 75.
MANDATORY STATUTES –
what they are, S 454.
where a particular mode of doing an act authorized by statute is pointed
out it must be pursued, S 454.
enabling statutes are, $ 454.
prescribed procedure for exercise of newly granted power mandatory,
laws protecting tax-payers are such, $ 454.
provision requiring certain words to be inserted in renires, $ 455.
sales under execution to be made at court-house, $ 451.
statutory requirement can never be dispensed with as directory where
departure from can work injury, $ 455.
acts such, when of the essence, $ 455.
when mandatory as to time, 456.
statutory proceedings governed by rule of, $ 456.
letting work by competitive bidding under municipal charter, $ 457.
statutes for exercise of power of eminent domain, $ 457.
prescribing mode of adopting resolutions for certain purposes by com-
mon council, $ 457.
regulations as to new right, privilege or iinmunity, $ 458.
relating to sealed bids, $ 458.
regulating municipal proceedings to contract debts, $ 459.
statute of frauds, S 459.
where intention would otherwise be defeated, statutes are mandatory,
relating to building material for protection against fire, 8 459.