LEGISLATIVE POWER (continued) – of congress, § 4. of state legislatures, §§ 4, 6. its sole function of law making, § 6. how it acts, § 7. scope of its exercise, §§ 7, 8, 11. limitations, §§ 10, 11. federal and state, §§ 4, 21. cannot be delegated, § 67. exceptions, § 70. what is a delegation of legislative power, § 69. powers may be granted which are quasi-legislative, § 68. LEGISLATIVE PROCEDURE – constitutional regulations of, mandatory, §§ 26, 30, 41, 42, 50, 64, 65, 66. only necessary when expressly required, § 51. signatures of presiding officers not a part of legislative process, § 51. when acts should be approved, §§ 55, 56. nature of functions of executive on bills, § 55. how a bill will become a law without approval, § 57. computation of time for this purpose, §§ 57-59, 111, 115. how a bill to be returned when vetoed, § 59. submitting to popular vote laws or questions relating thereto, §§ 71–73. when legislative journals may be consulted to impeach, §§ 40, 45. has exclusive power to make laws, § 2. must be legal, § 26. is in America a representative body, § 29. it exercises a delegated power, § 26. must keep within power granted as to membership, etc., § 26. procedure prescribed in constitution mandatory, §§ 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, §§ 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, §§ 226, 287. LEVY- statutory provisions as to making, before witnesses not imperative, statutes creating or increasing, strictly construed, § 371. LIBERAL CONSTRUCTION - to what statutes applied, $$ 408, 409. applied to remedial and other statutes enacted pro bono publico, unless applied to carry out intention, § 409. intention liberally inferred by, § 409. what is, and illustrations, §§ 415–433. consists in giving words such meaning as renders statute effectual to carry out intention, § 416. of redemption laws, § 420. exemptions, $$ 420-422. of word "jury" in procedure act, § 423. of statute of mortmain, § 423. of testamentary bond, § 423. of statute of limitations, §§ 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, of act to prevent delay in obtaining judgment, § 435. purpose of, § 430. of statutes relative to arbitrations, § 439. of statutes giving right of appeal, § 440. of acts extending elective franchise, § 441. provision in favor of tax-payers, etc., § 441. married women, § 442. of acts for accomplishment of public objects, § 443. LICENSE- pursuing profession without required license vitiates claim for services, LIMITATIONS- defense of statute of, a vested right, § 480. time occurring before passage of statute may be added to time afterward LIMITATIONS (continued) - under successive, part of time under one may be added to period under general provision that statute of shall run against the state will not be effect of title sustained by the bar where parties reside, § 479. statute of, will not be construed to apply to existing cases, § 464. does not necessarily impair obligation of contract, § 479. statute of, at place of suit applies, § 479. of action against sheriffs, etc., in remedial statute, how construed, § 416. where action has abated by death or marriage, § 424. when statute has made no exception, the courts can make none, § 427. as to new trials and appeals, § 369. LOAN- may be construed in remedial statute to mean moneys voluntarily ad- LOCAL LAWS (see SPECIAL LAWS) – - may be made to depend on popular vote, § 75. MANDATORY STATUTES what they are, § 454. where a particular mode of doing an act authorized by statute is pointed 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 venires, § 455. sales under execution to be made at court-house, § 454. statutory requirement can never be dispensed with as directory where 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 immunity. § 458. relating to sealed bids, § 458. regulating municipal proceedings to contract debts, § 459. statute of frauds, § 459. where intention would otherwise be defeated, statutes are mandatory, relating to building material for protection against fire, § 459. INDEX. MANDATORY STATUTES (continued) — 667 for certain mode of making assignments for benefit of creditors to prevent fraud, § 459. when permissive in form, §§ 460–462. MARGINAL NOTES- effect of, in construction, § 233. MARRIAGE- under prohibited conditions may not constitute bigamy where there is statutes abolishing any of the incidents of, strictly construed, § 400. - enlargement of their rights implies abolition of estate by curtesy, $338. right of to own and enjoy merchandise implies right to trade, § 338. their power to trade implies power to borrow money, § 338. that she borrows on her separate estate, § 338. when statute specifies cases in which they may sue, others excluded, statutes increasing powers of, strictly construed, § 400. have been held remedial and to be liberally construed to effect in- a statute authorizing them to have, hold and possess property will not acts for protection of, liberally construed, § 442. statutes prescribing mode of exercising or enforcing new rights manda- exemption from statute of limitation gives them control of separate acts giving them such control do not abolish title by entireties, § 150. MAY- when mandatory, §§ 460–462. when "may" and "shall" used in same provision, § 462. MEMBERSHIP OF LEGISLATURE- --- constitutional limit imperative, § 26. MERITS OF LEGAL CONTROVERSY - what law governs, § 11. - plaintiff to have title at commencement of action, § 148. - act for set-off of value of improvements against, § 437. intended to be cured considered in construction, § 292. liberal construction of remedial statutes to suppress, §§ 409, 410, 430, may be corrected by construction, § 260. MONTESQUIEU, BARON his view of the union of the fundamental powers, § 2. MONTH- not a technical word, and understood generally as a calendar, § 253. MORTGAGE — subsequent legislation restrained affecting sale, redemption, etc., by pro- also to prevent mortgagee from taking possession until after fore- subsequent statute suspending the right to sue on the note or bond until so a statute shortening the time of redemption, § 478. MOTIVES- no issue allowable as to legislature, § 330. MUNICIPAL BONDS- how protected by constitutional prohibition of laws impairing obligation MUNICIPAL CORPORATIONS - under legislative control, § 473. their charters not contracts, § 473. taxing power of, cannot be withdrawn so as to impair the means of contract which is ultra vires may be made good by curative act, § 483. not within law of garnishment, § 428. MUNICIPAL PRACTICE— under indefinite provisions of charter respected, § 311. make a statute mandatory, §§ 447, 454. provisions granting new power prescribing mode of exercise, imply statutes regulating with, mandatory, § 459. NEW TRIALS- statutes as to notice to give effect to limitations, § 369. NEXT OF KIN — statutes giving action to, for causing death, § 371. illegitimate child not included in England, § 371. otherwise in this country, § 371. statutes allowing damages to, resulting from intoxication, §§ 373–376. |