ples generalized, with a view to maintaining the domain of the law as a science by remarking the true lines.

The frequent assertion of sound doctrine with copious illustrations is promotive of harmony. The author has embodied in this work the result of thorough reading of the cases, and a thoughtful and earnest endeavor to extract and put in elementary form their best teaching. And he submits it in the modest hope that his fellow-practitioners and the courts may find it useful and contributory to that end.

SALT LAKE CITY,
December, 1890.

J. G. S.

TABLE OF
OF CONTENTS.

PART FIRST.

THE ENACTMENT, DURATION AND PROOF OF STATUTORY LAWS.

CHAPTER I.

THE LEGISLATIVE POWER AS DISTINGUISHED FROM OTHER SOVEREIGN POW-

ERS, AND THE GENERAL NATURE OF STATUTORY LAW.

Legislative rules of action - Essential limitations

Statutes have no extraterritorial effect

Extraterritorial operation of laws in colonization of a new country

English statutes passed after the establishment of the colonies

Continuance of laws on change of sovereignty

CONSTITUTIONAL REQUIREMENT THAT NO ACT EMBRACE MORE THAN ONE

SUBJECT AND THAT IT BE EXPRESSED IN THE TITLE.

71

75

Requirement to state subject in title

Provisions can have no greater scope than subject in the bill

Title need not index details of act

"Etc." may increase scope of title

Title too general .

Title should accompany bill in process of passage

What general title includes .

Acts which relate to plurality of similar subjects

Title and subject of amendatory and supplementary acts

Provisions not within subject in the title

Effect of act containing more than one subject

CHAPTER V.

TIME OF TAKING EFFECT.

When silent as to commencement

Acts of parliament formerly took effect from first day of session

Actual date of passage adopted in this country

Legislature may fix the time for act to take effect

Constitutional regulations

Precise time of taking immediate effect

Computation of time when to take effect in specific number of days 111-115

CHAPTER VI.

REQUIREMENT OF GENERAL LAWS AND THAT THEY BE OF UNIFORM OPERA-

Amendatory and curative acts may not interrupt uniform operation. 130

Implication from negative or affirmative statutes

Repealing effect of affirmative statutes conferring power

Where there is grant of part of power already possessed

Repealing effect of acts changing criminal laws

Grant of greater or different power or right

General laws will not repeal those which are special

The later law which causes repeal

Effect of repeal as to civil rights.

Effect of repealing penal laws

Main purpose being unconstitutional, whole act void

Where void part inducement to residue

Valid part must be complete and accord with legislative intent

CHAPTER X.

JUDICIAL NOTICE AND PROOF OF STATUTES, AND THEIR AUTHORITATIVE

Functions of court and jury in respect of foreign laws proved

Private statutes.

The purview

Exceptions, provisos, interpretation, repealing and saving clauses.

Partial conflict resolved into an exception

Words expounded to accord with intent

Its ascertainment the object of interpretation

235

Interpretation and construction compared

236

Intent first to be sought in language of statute itself

237

If intent plainly expressed it is to be followed without further inquiry 238

The intention to be ascertained from entire statute

239

General intent of statute key to meaning of the parts

240

The flexibility of words and clauses to harmonize with the general in-
tent.

245