A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional LawBaker, Voorhis & Company, 1874 - 692 pages |
From inside the book
Results 1-5 of 70
Page xii
... Contract , as forming a part of it ? 589 . What is meant by the " Obligation of a Contract ? " 603 , 604. What State Laws impair the Obliga- tion of Contracts , 605-622 . Laws which apply directly to the Terms of the Contract , 606-609 ...
... Contract , as forming a part of it ? 589 . What is meant by the " Obligation of a Contract ? " 603 , 604. What State Laws impair the Obliga- tion of Contracts , 605-622 . Laws which apply directly to the Terms of the Contract , 606-609 ...
Page 61
... contract in any State of the Union but in that by the law of which it was created , and that its exist- ence would not be recognized on any principle of comity ; and the Circuit Court of the United States so decided ; but on writ of ...
... contract in any State of the Union but in that by the law of which it was created , and that its exist- ence would not be recognized on any principle of comity ; and the Circuit Court of the United States so decided ; but on writ of ...
Page 69
... Contracts in Violation of Statutes . - The principle which enforces obedience to laws , is carried out by declaring con- tracts growing out of ... contract should violate the express words of a law , CONTRACTS IN VIOLATION OF STATUTES . 69.
... Contracts in Violation of Statutes . - The principle which enforces obedience to laws , is carried out by declaring con- tracts growing out of ... contract should violate the express words of a law , CONTRACTS IN VIOLATION OF STATUTES . 69.
Page 70
... contract price cannot be recovered . † So , on the same principle , in New York , where an act for the enlargement of the canals of that State ( July 10 , 1851 ) was declared unconstitutional and void ; contracts under the act were also ...
... contract price cannot be recovered . † So , on the same principle , in New York , where an act for the enlargement of the canals of that State ( July 10 , 1851 ) was declared unconstitutional and void ; contracts under the act were also ...
Page 71
... contract ; this , ipso facto , makes the contract void . This has been said to be subject to the general excep . tion , that where a license is necessary to carry on a particular trade for the sole purpose of raising revenue , and the ...
... contract ; this , ipso facto , makes the contract void . This has been said to be subject to the general excep . tion , that where a license is necessary to carry on a particular trade for the sole purpose of raising revenue , and the ...
Other editions - View all
Common terms and phrases
act of Parliament action amended applied assessment Bank Barb bill charter citizens clause commissioners common law Commonwealth compensation Conn considered constitutional provision construction construed corporation decided decisions declared doctrine doubt duty Dwarris effect eminent domain enacted equity ex post facto exemption exercise existing express give grant guaranty held valid impairing the obligation imposed intention interpretation Iowa judges judgment judicial judiciary jurisdiction justice land language lative lature Legis legislative power Legislature limits Massachusetts matter Mayor meaning ment Minn municipal offence Ohio operation owner pari materia Parliament particular party passed penal penalty Penn person prescribed principle private property proceedings prohibition question railroad regard remedy repeal retrospective rule says Smith statute of limitations statutory strictly Supreme Court taken taxation tion trial by jury unconstitutional United vested rights violation Wend Wisc words York
Popular passages
Page 518 - 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.
Page 567 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states...
Page 439 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 125 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 512 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 479 - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
Page 536 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Page 273 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Page 438 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 546 - Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.