Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Together with an Exposition at Length of the Principles of Interpretation and Cognate TopicsCallaghan, 1891 - 696페이지 |
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5 페이지
... according to some settled course of judicial proceedings . It is part of this judicial power to determine what the law is ; and all questions involving the validity and effect of statutes when thus determined are au- thoritatively ...
... according to some settled course of judicial proceedings . It is part of this judicial power to determine what the law is ; and all questions involving the validity and effect of statutes when thus determined are au- thoritatively ...
6 페이지
... according to that will , the parties before them are bound or free to do or suffer . In fine , the legisla- ture gives , and the court applies , the law . " 2 Wash . Ty , 3 . 21 Kent's Com . 447 . 31 Black . Com . 44 . 1 Denny v ...
... according to that will , the parties before them are bound or free to do or suffer . In fine , the legisla- ture gives , and the court applies , the law . " 2 Wash . Ty , 3 . 21 Kent's Com . 447 . 31 Black . Com . 44 . 1 Denny v ...
11 페이지
... according to those principles . To pass new rules for the regulation of new controversies is in its nature a legislative act ; but if these rules interfere with the past or the present , and do not look wholly to the future , they ...
... according to those principles . To pass new rules for the regulation of new controversies is in its nature a legislative act ; but if these rules interfere with the past or the present , and do not look wholly to the future , they ...
17 페이지
... according to such enlightenment as they had , under the conjoint influence of dissenting re- ligion and national bias . They legislated to the same end , and under the same influence ; independently of the crown , despite the ...
... according to such enlightenment as they had , under the conjoint influence of dissenting re- ligion and national bias . They legislated to the same end , and under the same influence ; independently of the crown , despite the ...
30 페이지
... according to its traditional forms as an act of parliament , it is a record which expresses the will of the sovereign power . General acts are " enrolled by the clerk of the parliament , and delivered over into the chancery , which ...
... according to its traditional forms as an act of parliament , it is a record which expresses the will of the sovereign power . General acts are " enrolled by the clerk of the parliament , and delivered over into the chancery , which ...
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249 페이지 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
357 페이지 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
85 페이지 - To avoid Improper Influences which may result from Intermixing In one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed In the title.
18 페이지 - English enterprise, ever carried this most perilous mode of hardy industry to the extent to which it has been pushed by this recent people ; a people who are still, as it were, but in the gristle, and not yet hardened into the bone of manhood. When I contemplate these things ; when I know that the colonies in general owe little or nothing to any care of ours, and that they are not squeezed into this happy form by the constraints of watchful and suspicious government, but that, through a wise and...
120 페이지 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
2 페이지 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
55 페이지 - Montesquieu was guided it may clearly be inferred, that in saying "there can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates...
439 페이지 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
573 페이지 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
68 페이지 - If directions are given respecting the times or modes of proceeding in which a power should be exercised, there is at least a strong presumption that the people designed it should be exercised in that time and mode only ; and we impute to the people a want of due appreciation of the purpose and proper province of such an instrument when we infer that such directions are given...