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LEGISLATIVE POWER (continued) –

of congress, § 4.

of state legislatures, §§ 4, 6.

its sole function of law making, § 6.
nature of, §§ 6, 8.

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.
delegation of, §§ 67-73.

LEGISLATIVE PROCEDURE –

constitutional regulations of, mandatory, §§ 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, §§ 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.
local laws may be made to depend on popular vote, § 75.

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when legislative journals may be consulted to impeach, §§ 40, 45.
LEGISLATURE-

has exclusive power to make laws, § 2.
scope of its functions, §§ 7, 10.

must be legal, § 26.

is in America a representative body, § 29.
derives its power from a constitution, § 29.
compared with British parliament, § 23.
must legally convene, § 26.

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
§ 229.

presumed to know existing statutes, §§ 226, 287.

LEVY-

statutory provisions as to making, before witnesses not imperative,
§ 452.

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statutes creating or increasing, strictly construed, § 371.

LIBERAL CONSTRUCTION

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to what statutes applied, $$ 408, 409.

applied to remedial and other statutes enacted pro bono publico, unless
prevented by some paramount rule of construction, §§ 410, 412.

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,
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, § 440.

of acts extending elective franchise, § 441.
taking away penalties, § 441.
providing compensation, § 441.

provision in favor of tax-payers, etc., § 441.
for protection of officers, § 442.

married women, § 442.

of acts for accomplishment of public objects, § 443.
for prevention of fraud, § 443.

LICENSE-

pursuing profession without required license vitiates claim for services,
§ 335.

LIMITATIONS-

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, § 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, § 479.

statute of, at place of suit applies, § 479.

of action against sheriffs, etc., in remedial statute, how construed, § 416.
statutes of, how construed, §§ 368, 424, 426.

where action has abated by death or marriage, § 424.

when statute has made no exception, the courts can make none, § 427.
one recognized in case of civil war, § 427.

as to new trials and appeals, § 369.

LOAN-

may be construed in remedial statute to mean moneys voluntarily ad-
vanced without legal request, § 420.

LOCAL LAWS (see SPECIAL LAWS) –

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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
out it must be pursued, § 454.

enabling statutes are, § 454.

prescribed procedure for exercise of newly granted power mandatory,
§ 454.

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
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 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,
$ 459.

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
no criminal purpose, § 355.

statutes abolishing any of the incidents of, strictly construed, § 400.
how statute of limitations construed as applied to suits abated by, § 424.
MARRIED WOMEN

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enlargement of their rights implies abolition of estate by curtesy, $338.
removes disability under statute of limitations, § 338.

right of to own and enjoy merchandise implies right to trade, § 338.
to convey land without private examination, § 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,
§ 327.

statutes increasing powers of, strictly construed, § 400.

have been held remedial and to be liberally construed to effect in-
tent, § 400.

a statute authorizing them to have, hold and possess property will not
authorize them to make sales and purchases, § 431.

acts for protection of, liberally construed, § 442.

statutes prescribing mode of exercising or enforcing new rights manda-
tory, § 458.

exemption from statute of limitation gives them control of separate
property, § 146.

acts giving them such control do not abolish title by entireties, § 150.
statute denying them right to dispose of land not impliedly repealed by
act entitling them to receive and hold property, § 149.

MAY-

when mandatory, §§ 460–462.

when "may" and "shall" used in same provision, § 462.

MEMBERSHIP OF LEGISLATURE-

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constitutional limit imperative, § 26.

MERITS OF LEGAL CONTROVERSY -

what law governs, § 11.

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plaintiff to have title at commencement of action, § 148.
MESNE PROFITS -

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act for set-off of value of improvements against, § 437.
MISCHIEF-

intended to be cured considered in construction, § 292.

liberal construction of remedial statutes to suppress, §§ 409, 410, 430,

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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.
otherwise in England and New York, § 253.

MORTGAGE —

subsequent legislation restrained affecting sale, redemption, etc., by pro-
hibition of laws impairing obligation of contracts, § 477.

also to prevent mortgagee from taking possession until after fore-
closure, § 478.

subsequent statute suspending the right to sue on the note or bond until
after foreclosure impairs the obligation, § 478.

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
of contracts, SS 474, 475.

MUNICIPAL CORPORATIONS -

under legislative control, § 473.

their charters not contracts, § 473.

taxing power of, cannot be withdrawn so as to impair the means of
paying their debts, § 475.

contract which is ultra vires may be made good by curative act, § 483.
provision of charter that work be let to lowest bidder imperative, § 457.
provisions mandatory requiring particular proceedings to contract debt,
$ 459.

not within law of garnishment, § 428.

MUNICIPAL PRACTICE—

under indefinite provisions of charter respected, § 311.

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make a statute mandatory, §§ 447, 454.

provisions granting new power prescribing mode of exercise, imply
them, § 454.

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.

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