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MANDATORY STATUTES (continued) –

for certain mode of making assignments for benefit of creditors to

prevent fraud, $ 459.

when permissive in form, SS 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
enlargement of their rights implies abolition of estate by curtesy, $ 338.

removes disability under statute of limitations, S 338.
right of to own and enjoy merchandise implies right to trade, S 338.

to convey land without private examination, $ 338.
their power to trade implies power to borrow money, 8 338.

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statute denying them right to dispose of land not impliedly repealed by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, SS 460-462.

when “may” and “shall” used in same provision, $ 462.
MEMBERSHIP OF LEGISLATURE –

constitutional limit imperative, S 26.
MERITS OF LEGAL CONTROVERSY -

what law governs, s 11.

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

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, SS 409, 410, 430,

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MISTAKES -

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, S 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, S 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, S 428.
MUNICIPAL PRACTICE-

under indefinite provisions of charter respected, & 311.

NEGATIVE STATUTE -

what is, SS 202, 203.
NEGATIVE WORDS -

make a statute mandatory, SS 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, 8 369.
NEXT OF KIN -

statutes giving action to, for causing death, S 371.
illegitimate child not included in England, & 371.

otherwise in this country, S 371.
statutes allowing damages to, resulting from intoxication, SS 373–376.

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NON-USER

will not repeal a statute, & 137.
NOTICE

construed to be written, when, § 245.
when made necessary to create a duty to repair, not necessary to officer

who caused defect, & 243.
when required of affirmative action, may also require of non-action,

8 243.
if required to impose a duty, should be actual notice, S 334.
requirement of, as to limitations for new trial or appeal, S 369.
required by letter of statute, may be dispensed with when not within

intention, $ 429.
preliminary, when required to persons to be affected by proceedings,

$ 457.
publication of, mandatory in respect to redemption, $ 457.

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OBJECT --

of a statute, when plain, controls effect of particular words and expres-

sions, SS 241-246, 273.

of statute, may be considered for construction, S 292.
OFFICE

courts take notice of accession of persons to, and their tenure under the

constitution and laws, S 298.
a statute will not be given a retroactive effect to take away an office,

$ 464.
will not apply to incumbents to exclude on account of advanced

age, S 464.
what is the sale of, $ 429.
when immemorial custom will make an exception, $ 429.
not held by contract, g 473.
subject to legislative control, $ 473.

salary of, may be increased or diminished, $ 473.
OFFICER

not one who has gone out of office, S 358.
construction of remedial act to prevent certain, from being interested,

$ 444.

OFFICERS -

statutes impose duty on, by words importing power and authority, or

permission, SS 460-462.
acts for protection of, liberally construed, § 442.

construction of doubtful statutes relating to compensation of, $ 419.
OFFICIAL ACTS

statutory provisions concerning, directory as to time, SS 448-450.
OFFICIAL BONDS -

construction of remedial statute relative to actions for breach of, § 418.
statutory requirements to facilitate proof of execution of, how construed,

good, though not executed according to directions of statute, 8 453.

OFFICIAL USAGE -

effect of, in construction of statute, $ 309.
"OR" AND "AND"-

construed as if used accurately if according to intent, $ 252.

may be understood as used indifferently if intent require it, $ 252.
ORDINANCE
bordo definition, $ 61.

municipal, not noticed by courts, $ 296.
ORPHAN

may be construed in remedial statute by context and manifest intent to

mean infant with living parents, $ 420.

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PALEY, DR.

his views relative to separation of the legislative and judicial charac-

ters, $ 2.
PARI MATERIA

when statutes are in such relation, SS 283–288.
general words in a later law often qualified by previous acts on same

subject, S 284.
new subjects introduced by general words will fall into established

classifications, SS 284, 287.
homestead and exemptions are in, with dower laws, $ 284.
law for attachments against water-craft in, with general attachment law,

$ 284,
"any person" in a later statute in, construed to harmonize with earlier

one requiring certain qualifications, $ 285.
being in, does not warrant disregard of conflict in the later act, 286.
when statutes not in, $ 286.

act in relation to confinement of stock not in, with provisions as to

speed of railroad trains, $ 286.
regard must be had to all parts of statutes in, § 287.
statutes in, construed as a connected whole, $ 288.

a code relating to one subject governed by one spirit and policy, S 288.
PARLIAMENTARY GOVERNMENT IN THE BRITISH COLONIES,

SS 17, 18.
PARLIAMENTARY PROCEDURE (S 30) --

constitutional regulations mandatory, SS 26, 41, 42.
PASSENGERS -

statutes depriving them of compensation for injuries received while

riding on platform, 8 372.
PENAL DAMAGES -
given to injured party are intended to be part of his indemnity, $ 360.

are assignable, $ 300.
action for, not a criminal action and has none of its incidents, S 360.
PENAL LAWS -

when declared by same to be remedial will not be strictly construed,

$ 445.

PENAL LAWS (continued) -

what are such, S 208.
construed strictly, $ 208.
statutes may be penal in part and remedial in part, & 208.
construed strictly against accused and favorably for him, S 208.
include not only such as provide for punishments pursuant to state prose-

cutions, but all punitive statutes, $ 358.
and those prescribing punitive compensation to injured party, $ 8-8.
those which impose a burden or take away any right or benefit of

injured party, $ 358.

making tender of certain bills a bar to a demand, S 358.
though beneficial not to be construed liberally, SS 358, 359.
acts penal and remedial, how construed, SS 359, 360.
revenue laws held not to be, $ 361.
to be strictly construed according to severity of penalty, $ 347.
should be so construed as to carry out the obvious intention, SS 354, 356.
words in, not to have narrowest interpretation, $ 357.
what statutes are penal, $ 358.
must exist at the time of conviction, $ 166.
acts mitigating punishment, $ 166.
repealing effect of statutes changing criminal laws, SS 142–144.
repeal and re-enactment in same words a continuation, S 142.

when part unconstitutional and part not so, SS 170–173.
PENALTIES

acts taking away, liberally construed, & 441.
when party may have vested right in, 8 166.

lost by repeal of statute before judgment, $ 166.
PERMISSIVE STATUTE (S 205) -

when mandatory, SS 460, 462.
as to persons having right to invoke permissive provisions imperative,

$ 462.
PLACE OF TRIAL (see PROCEDURE) —

construction of act when offense committed on board a boat, $ 438.
POLICE --

statutes extending, control over private property or restraining usc, of,

strictly construed, S 367.
never implied that the government has surrendered the police power,

$ 378.

POLICY

of government, not safe rule for construction, $ 407.
POWER

the legislative a distinct, & 2.
statutory, lost by repeal of statute, & 165.
when jurisdiction of court prohibited pending causes fall, $ 105.
statutory, strictly construed, SS 378, 397.
when mandatory, though permissive in form, SS 460–462.

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