Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Volume 2Callaghan, 1904 - 1416 pages |
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Page 600
... statute is the law . 364. To find out the intent is the object of all interpretation . 365. Interpretation and construction compared . 366. Intent first to be sought in language of ... Statutory use of words . 400 . iv TABLE OF CONTENTS .
... statute is the law . 364. To find out the intent is the object of all interpretation . 365. Interpretation and construction compared . 366. Intent first to be sought in language of ... Statutory use of words . 400 . iv TABLE OF CONTENTS .
Page 608
... statute may provide what shall be conclusive evidence of the due passage or existence of a statute , the inquiry is not generally so restricted , and the general principle governs that record or constitutional evidence must be adduced ...
... statute may provide what shall be conclusive evidence of the due passage or existence of a statute , the inquiry is not generally so restricted , and the general principle governs that record or constitutional evidence must be adduced ...
Page 626
... statute is one confined to a special Case , 99 An act " to enable the Bishop of Canton to make a lease to A. B. " for an exceptional period is a fair example of a private statute . ' A statute enabling the local authorities of a ...
... statute is one confined to a special Case , 99 An act " to enable the Bishop of Canton to make a lease to A. B. " for an exceptional period is a fair example of a private statute . ' A statute enabling the local authorities of a ...
Page 637
... statute giving a new right does not of itself and necessarily destroy a previously existing right , created by another statute to which it does not refer , but will do so if it appears to have been the intention of the legislature that ...
... statute giving a new right does not of itself and necessarily destroy a previously existing right , created by another statute to which it does not refer , but will do so if it appears to have been the intention of the legislature that ...
Page 639
... statute thus ordains is permissible.49 § 334 ( 205 ) . Preceptive , prohibitive and permissive statutes . When a statute commands certain actions , and regulates the forms and acts which ought to accompany them , it is called a ...
... statute thus ordains is permissible.49 § 334 ( 205 ) . Preceptive , prohibitive and permissive statutes . When a statute commands certain actions , and regulates the forms and acts which ought to accompany them , it is called a ...
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Statutes and Statutory Construction, Including a Discussion of Legislative ... J G 1825-1902 Sutherland No preview available - 2018 |
Common terms and phrases
action amended Appeal apply Ass'n authority Bank Barb Board clause Colo Com'rs common law Commonwealth Conn constitution contract corporation County court says effect ejusdem generis election enacted eral ex post facto exemption expressed give grant held to include implied intention interpretation Iowa judgment judicial judicial notice jurisdiction justice land language legislative legislature liable liberally construed lien limited Mass Mayor meaning Minn Miss Mont offense officers Ohio St pari materia particular party penal penalty person purpose Q. B. Div R. R. Co railroad reason remedy repeal rule rule of construction S. C. Rep sense Smith stare decisis stat statute provided statute requiring statutory Strob strued Tenn tion United unless valid Wall Wend words
Popular passages
Page 822 - 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...
Page 612 - 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.
Page 962 - 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.
Page 1192 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Page 1116 - 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...
Page 1202 - For, undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Page 989 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 1173 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 1116 - I believe, as far as any rule is concerned, you cannot safely go " further than that in each case you must look to the subject-matter; consider the " importance of the provision that has been disregarded, and the relation of that " provision to the general object intended to be secured by the Act; and upon a review " of the case in that aspect decide whether the matter is what is called imperative or
Page 700 - The primary and general rule of statutory construction Is that the intent of the lawmaker is to be found in the language that he has used. He is presumed to know the meaning of words and the rules of grammar.