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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
an offense is silent as to, § 396.

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from proviso that provision not be construed to permit, § 343.
PROHIBITIVE STATUTE, § 205.

PROPERTY –

public grants of, strictly construed, § 378.

land grants by government construed strictly, §§ 378, 379.
PROSPECTIVE STATUTE, § 206.

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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repealed by statute which repeals the provision it qualifies, § 222.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
be within it, § 222.

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
terms, § 223.

matter of, may tend to enlarge purview, § 223.

in penal statutes construed liberally for accused, § 227.

PUBLIC GRANTS

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
its powers for accomplishing its ends, § 378.

against its having parted with any part of its sovereign power of
legislation, 378.

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,
no implied contract not to grant same to others, § 378.

of power to incorporate does not include power to take land by devise,

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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.

PUBLIC OBJECTS

liberal construction of acts for accomplishment of, § 443.

PUBLIC RIGHTS-

not deemed relinquished except by plain words, § 386.

not to be prejudiced by construction of statutes conferring private privi-
lege, § 386.

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what are such, §§ 120, 121, 193, 198.

a statute establishing a municipal court is such, §§ 120, 121.

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QUALIFYING WORDS AND PHRASES –

to what they refer, §§ 267, 269.

have been applied to several preceding sections, § 267.

REASONABLENESS-

has a potent influence in construction, § 322.

REBELLION -

statutes enacted by states in, § 20, note.

RECORD

remedial act that trial judge file of record his charge, § 437.

REDDENDO SINGULA SINGULIS-

when general words so construed, § 282.

REDEMPTION

right of, liberally construed, § 420.

word "owner" used in generic sense in law of, § 420.

cannot be annulled by legislation, § 480.

RE-ENACTMENT —

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of statute which has received construction, § 255.
with change of phraseology, § 256.

REFERENCE-

adoption of statute by general, § 257.

confined to matter immediately preceding. §§ 257, 259.

RELATIVE WORDS-

their application or reference, §§ 257, 259, 267.

REMEDIAL STATUTES-

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.
providing for arbitrations, § 439.

appeal or certiorari, § 440.

extending elective franchise, § 441.

taking away penalties, § 441.

providing compensation to those whose property is compulsorily taken,
8 441.

in favor of taxed persons, § 441.

of those affected by proceedings in derogation of their rights, § 441.
for protection of officers, § 442.

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.
letter of, may be extended to embrace cases within the mischief, § 410.
three points to be observed in construction of, § 409.

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.
cases not within intention excluded, § 411.

use of particular words will not be permitted to control evident inten-
tion, § 423.

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
decedent's estate, § 436.

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,
$ 437.

REMEDY-

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,
§ 202.

rule where such statutes successively provide, § 202.

liberal construction given to statutes to advance, § 430.

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REMEDY (continued) —

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everything may be done consistently with any construction for that
purpose, § 430.

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.
and applied to existing cases, § 482.

subject, however, to a contrary intent appearing, and consider-
ations of reasonableness, § 482.

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.

REPEAL-

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,
§ 464.

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,
$137.

repugnancy of later statute causes repeal, § 137.

being ascertained, later act in date or position will prevail, §§ 138, 170.
repugnancy in principle or spirit not sufficient, § 137.

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.
statutes may be rendered inoperative by repeal of fundamental parts,
§ 137.

implied repeals ascertained as legislative intent is ascertained in other
cases, by construction, § 138.

not favored, and only allowed to extent of repugnancy, § 138.
statutes rot repugnant unless they relate to the same subject, §§ 133, 148.

REPEAL (continued) -

difference in repealing effect between affirmative and negative statutes,
S$ 138, 139.

repugnance of any previous statute contrary to a negative statute read-
ily seen,

139.

not so apparent in case of affirmative statutes, §§ 139, 140.
when a statute gives an exclusive rule it implies a negative, § 139.

when affirmative words imply a negative, § 140.

new grant of part of power already possessed repeals residue, § 141.
repeal by changing criminal law, § 142.

common law is repealed as to a common law offense when it is defined

and enacted by statute which also prescribes the punishment, § 142.
change of elements of an offense or punishment a repeal, § 142.
creation by statute of an offense consisting of some of the elements of
an existing offense and others, no repeal of the existing offense,
SS 142, 143.

if an offense identified by name or otherwise is altered in degrees or inci-
dents it is repealed, § 143.

where a new law covers whole subject of an old one, adds new offenses
and prescribes different penalties, it is a repeal, § 143.

a revision is an implied repeal, § 143.

where act does not refer to old law, defines an offense punishable by old
law and provides new punishment, it does not affect a past offense,
§ 143.

no repeal where penalty reduced or place of confinement changed,
$143.

granting a larger or a different power is a repeal of limitations, § 145.
when exercise of new power requires grantee to go beyond previous
limits, § 145.

where new grant ignores former conditions, § 145.

radical change in leading part of an act will repeal inconsistent pro-
visions, § 146.

restriction on bottomry loans impliedly removed on abolition of monop-
oly to which it was subsidiary, § 146.

estate by curtesy abolished by enlargement of rights of married women,
§ 146.

implied, removed their exemption from statute of limitations, § 146.
difference as to implied repeal where there is express repeal or inconsist-
ent legislation, § 147.

no repeal by re-enactment of part of act in another for a different
scheme, § 147.

nor will suspension of latter suspend the other, § 147.

statutes adopted by reference not repealed by repeal of statute adopted,
SS 147, 159.

instance of appointing election on county seat question at April elec-
tion, and subsequent change of that election, § 147.

presumption against implied repeal, and courts endeavor to harmonize
statutes, 148–153.

illustrations, §§ 148-153.

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