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PROCEDURE (continued) -
acts to improve procedure remedial. § 437.
giving right to bring action against insurance company at place
where is the subject of insurance, § 437.
act that trial judge file charge to jury of record, § 437.
resort had to common law for, where statute giving a right or creating
from proviso that provision not be construed to permit, § 343.
public grants of, strictly construed, § 378.
land grants by government construed strictly, §§ 378, 379.
introduced to qualify or restrict general language, §§ 216, 223.
totally repugnant to purview repeals it, § 221.
repealed by statute which repeals the provision it qualifies, § 222.
presumption that what is excluded from a statute by, would otherwise
otherwise when introduced from abundant caution, § 222.
what it applies to, § 223.
does not apply to another section, unless intent appears, § 223.
applies to the provision or clause immediately preceding, §§ 223, 267.
if irrelevant, has been rejected, § 223.
strictly construed, § 223.
it takes no case out of enacting clause which does not fall within its
matter of, may tend to enlarge purview, § 223.
in penal statutes construed liberally for accused, § 227.
words of, construed most strictly against grantee, § 378.
any ambiguity in, operates in favor of government, § 378.
the presumption is against the government having parted with any of
against its having parted with any part of its sovereign power of
or of police or taxing power, § 378.
or power of eminent domain, § 378.
in grant of land no implied covenant to do any further act, § 378.
in grant of franchise to build a bridge or road, or to establish a ferry,
of power to incorporate does not include power to take land by devise,
PUBLIC GRANTS (continued) —
construction of grant to city of right to use soil under road to lay pipes
to convey water, § 386.
of land bordering on tide water, § 386.
liberal construction of acts for accomplishment of, § 443.
not deemed relinquished except by plain words, § 386.
not to be prejudiced by construction of statutes conferring private privi-
what are such, §§ 120, 121, 193, 198.
a statute establishing a municipal court is such, §§ 120, 121.
QUALIFYING WORDS AND PHRASES –
to what they refer, §§ 267, 269.
have been applied to several preceding sections, § 267.
has a potent influence in construction, § 322.
statutes enacted by states in, § 20, note.
remedial act that trial judge file of record his charge, § 437.
REDDENDO SINGULA SINGULIS-
when general words so construed, § 282.
right of, liberally construed, § 420.
word "owner" used in generic sense in law of, § 420.
cannot be annulled by legislation, § 480.
of statute which has received construction, § 255.
adoption of statute by general, § 257.
confined to matter immediately preceding. §§ 257, 259.
their application or reference, §§ 257, 259, 267.
to receive a liberal construction, SS 346, 347.
may be extended to cases clearly within mischief, § 348.
giving penalty to aggrieved party remedial as well as penal, § 359.
REMEDIAL STATUTES (continued) —
when in part penal, how construed, §§ 358-360.
appeal or certiorari, § 440.
extending elective franchise, § 441.
taking away penalties, § 441.
providing compensation to those whose property is compulsorily taken,
in favor of taxed persons, § 441.
of those affected by proceedings in derogation of their rights, § 441.
of married women, § 442.
of ship-owners, § 442.
for accomplishment of important public objects, § 443.
what are such, § 207.
liberally construed, § 207.
such construction when precluded, § 207.
statutes may be remedial in part and penal in part, § 208.
what are, for purpose of liberal construction, §§ 408, 412, 434, 445.
statutes such, unless excluded by some rule of construction, §§ 410, 412.
intention of to be carried out, § 409.
more liberally inferred in construing such statutes, § 409.
construed liberally to reach mischief and advance remedy, §§ 410, 411.
use of particular words will not be permitted to control evident inten-
what testamentary bond construed to include, § 423.
construction of statute of limitations, §§ 424–426.
act to prevent delays in obtaining judgment, § 435.
act extending time, in exceptional cases, for presenting claims against
act for execution of powers of will, by successor of executor, § 436.
act making void bequest to witness to will, § 436.
statutes intended to promote the convenience of suitors, § 437.
to improve procedure, § 437.
or promote public convenience, § 438.
provision that trial judge file of record his charge to jury, § 437.
for set-off of value of improvements, § 437.
act empowering court to decide about costs on commissions de lunatico,
may be changed if right not impaired, § 164.
restored by repeal of law prohibiting, § 164.
when affirmative statute provides, where one existed at common law,
rule where such statutes successively provide, § 202.
liberal construction given to statutes to advance, § 430.
REMEDY (continued) —
everything may be done consistently with any construction for that
but not where contrary intention clearly expressed, § 430.
statutes of limitation relate to, § 479.
no vested right in, § 482.
new remedy may be added to or substituted for those which exist, § 482.
subject, however, to a contrary intent appearing, and consider-
governed by law of forum, § 13.
given by statute, limited to strict statutory bounds, § 392.
not to be enlarged by construction, § 392.
only available on statutory conditions, §§ 392, 393.
when new given, one already existing, § 399.
when added to unconstitutional act, § 175.
words expressing absolutely may be qualified by context, § 242.
of law giving jurisdiction takes away power to proceed in pending cases,
effect of repealing statute adopted by general reference, § 257.
power of repeal, § 136.
modes of, § 137.
will take effect from any subsequent statute expressing intent, § 137.
the word repeal not necessary, § 137.
repealing words may be qualified by context, § 242.
suspension not a repeal, § 137.
what is, § 137.
what are repealing statutes, § 209.
may be express or implied, § 137.
is express when declared in direct terms, § 137.
is implied when there is subsequent repugnant legislation, §§ 137, 138.
takes effect when repealing statute goes into operation, § 137.
when statutes profess to make a change repeal suggested, § 137.
repeal of all laws within purview is a repeal of all on same subjects,
repugnancy of later statute causes repeal, § 137.
being ascertained, later act in date or position will prevail, §§ 138, 170.
of unconstitutional provision has no effect, §§ 137, 147.
will not repeal private act, § 137.
non-user or custom will not repeal, § 137.
statute will not cease on removal of some of the evils aimed at, § 137.
implied repeals ascertained as legislative intent is ascertained in other
not favored, and only allowed to extent of repugnancy, § 138.
REPEAL (continued) -
difference in repealing effect between affirmative and negative statutes,
repugnance of any previous statute contrary to a negative statute read-
not so apparent in case of affirmative statutes, §§ 139, 140.
when affirmative words imply a negative, § 140.
new grant of part of power already possessed repeals residue, § 141.
common law is repealed as to a common law offense when it is defined
and enacted by statute which also prescribes the punishment, § 142.
if an offense identified by name or otherwise is altered in degrees or inci-
where a new law covers whole subject of an old one, adds new offenses
a revision is an implied repeal, § 143.
where act does not refer to old law, defines an offense punishable by old
no repeal where penalty reduced or place of confinement changed,
granting a larger or a different power is a repeal of limitations, § 145.
where new grant ignores former conditions, § 145.
radical change in leading part of an act will repeal inconsistent pro-
restriction on bottomry loans impliedly removed on abolition of monop-
estate by curtesy abolished by enlargement of rights of married women,
implied, removed their exemption from statute of limitations, § 146.
no repeal by re-enactment of part of act in another for a different
nor will suspension of latter suspend the other, § 147.
statutes adopted by reference not repealed by repeal of statute adopted,
instance of appointing election on county seat question at April elec-
presumption against implied repeal, and courts endeavor to harmonize
illustrations, §§ 148-153.