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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17 페이지
... intention to so extend them was manifested in the statutes . Nor did such statutes , in which no such intention was expressed , become part of the unwritten law of the colo- nies . ? In some instances , statutes of England passed after ...
... intention to so extend them was manifested in the statutes . Nor did such statutes , in which no such intention was expressed , become part of the unwritten law of the colo- nies . ? In some instances , statutes of England passed after ...
88 페이지
... intention of the framers of that instrument . It would seem to be a lowering of the proper dignity of the fundamental law to say that it descends to prescribing rules of order in unessential matters which may be followed or disregarded ...
... intention of the framers of that instrument . It would seem to be a lowering of the proper dignity of the fundamental law to say that it descends to prescribing rules of order in unessential matters which may be followed or disregarded ...
177 페이지
... intention is mani- fest . There is a negative necessarily implied that such elim- inated portion shall no longer be in force . The re - enacted portions are continuations and have force from their original enactment . Where a statute ...
... intention is mani- fest . There is a negative necessarily implied that such elim- inated portion shall no longer be in force . The re - enacted portions are continuations and have force from their original enactment . Where a statute ...
179 페이지
... intention of the government not to enforce it , may incline a court to soften its rigors within the limits of judicial discretion . Parts of a statute may be- come useless and incapable of any operation on account of the repeal or ...
... intention of the government not to enforce it , may incline a court to soften its rigors within the limits of judicial discretion . Parts of a statute may be- come useless and incapable of any operation on account of the repeal or ...
182 페이지
... intention to make the enactment exclusive may be deduced from the nature of the subject , and its neces- sary operation in comparison with the necessary effect of prior laws . A statute in derogation of an existing statute will be ...
... intention to make the enactment exclusive may be deduced from the nature of the subject , and its neces- sary operation in comparison with the necessary effect of prior laws . A statute in derogation of an existing statute will be ...
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Allen amended apply Asso authority Bank Barb bill Clark clause Colo Commissioners common law Commonwealth Conn constitution construction construed corporation court Davis Denio ejusdem generis embrace enacted enacting clause eral existing expressed grant Gratt Heisk held Hill implied intention Iowa Jones judicial notice jurisdiction justice lative lature legis legislative legislature limited Mass matter Mayor meaning ment Minn Miss N. J. Eq object offense Ohio St operation pari materia passed penal penalty person Pick prescribed principle provisions punishment purpose Q. B. Div R. R. Co Railroad regulate remedy repeal rule sense Smith stare decisis stat statute statutory Strob Supervisors supra take effect tion United valid void Wall Wend Wheat words Yerg
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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...