A Commentary on the Interpretation of StatutesF.D. Linn, 1888 - 871 pages |
From inside the book
Results 1-5 of 69
Page 50
... provision occurred with the pre- ceding one , which directed that the contest should be deter- mined before the court of the county where the person returned should reside , that the word " district " meant judicial , not senatorial ...
... provision occurred with the pre- ceding one , which directed that the contest should be deter- mined before the court of the county where the person returned should reside , that the word " district " meant judicial , not senatorial ...
Page 53
... provision was not to incorporate in the later act the provisions of the earlier ; so that , though the latter remedied every misnomer , & c . , in a voting paper required by " this act , " a mis nomer . & c . , in a voting paper ...
... provision was not to incorporate in the later act the provisions of the earlier ; so that , though the latter remedied every misnomer , & c . , in a voting paper required by " this act , " a mis nomer . & c . , in a voting paper ...
Page 75
... provisions ; " so that , even in the interpretation of a penal law , if the words of the enacting clause are broader than the title , the former must govern . " This rule , however , under constitutions containing a provision such as ...
... provisions ; " so that , even in the interpretation of a penal law , if the words of the enacting clause are broader than the title , the former must govern . " This rule , however , under constitutions containing a provision such as ...
Page 90
... provision , nor prevent a construction of it in connection with , and in the light of other provisions in other parts of the statute , classed under different headings , where , in the absence of such a division and classification , a ...
... provision , nor prevent a construction of it in connection with , and in the light of other provisions in other parts of the statute , classed under different headings , where , in the absence of such a division and classification , a ...
Page 91
Gustav Adolf Endlich. which a particular provision is placed will not be permitted to extend the proper meaning of the same . Thus a provision as to when judgments shall become dormant was not deemed to be affected by a general act ...
Gustav Adolf Endlich. which a particular provision is placed will not be permitted to extend the proper meaning of the same . Thus a provision as to when judgments shall become dormant was not deemed to be affected by a general act ...
Contents
xii | |
xxviii | |
xlii | |
1 | |
32 | |
54 | |
73 | |
94 | |
355 | |
363 | |
399 | |
445 | |
451 | |
487 | |
498 | |
499 | |
116 | |
124 | |
151 | |
174 | |
210 | |
250 | |
274 | |
280 | |
554 | |
677 | |
690 | |
710 | |
734 | |
749 | |
761 | |
Other editions - View all
A Commentary on the Interpretation of Statutes Peter Benson Maxwell,G a 1856-1929 Endlich No preview available - 2015 |
Common terms and phrases
Act of Parliament action amendment ante appeal apply Ass'n Bank Barb Bish certiorari charter clause Com'th Comm'rs common law Comp constitution construction construed contract corporation court creditors debt declared duty earlier act effect enactment exemption express former give given grant held Ibid implied implied repeal imposed intention interpretation judgment judicial jurisdiction justices L. J. Ch land language later act latter legislative Legislature liable license limited Lord Lord Mansfield Mass meaning ment municipal object offence officers Ohio St operation pari materia party penal penalty person preamble prescribed presumption principle prohibited provision punishment purpose Quarter Sessions R. R. Co reference remedy repeal rule rule of construction sense Smith Stat statute statute of limitations statutory strict construction supra Taylor tion usury Vict void Wilb words
Popular passages
Page 156 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 27 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered...
Page 719 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Page 736 - Any county, township, school district or other municipality, incurring any indebtedness, shall, at or before the time of so doing, provide for the collection of an annual tax, sufficient to pay the interest, and also the principal thereof within thirty years.
Page 550 - The High Court of Admiralty shall have Jurisdiction over any Claim by the Owner or Consignee or Assignee of any Bill of Lading of any Goods carried into any Port in England or Wales in any Ship, for Damage done to the Goods or any Part thereof by the Negligence or Misconduct of or for any Breach of Duty or Breach of Contract on the Part of the Owner, Master, or Crew of the Ship, unless it is...
Page 387 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence.
Page 257 - ... by their warrant to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner, apprentice or servant...
Page 289 - ... something which shows that the attention of the Legislature had been turned to the special act, and that the general one was intended to embrace the special cases within the previous one, or something in the nature of the general one making it unlikely that an exception was intended as regards the special act. The general statute is read as silently excluding from its operation the cases which have been provided for by the special one.
Page 706 - ... foreign Mercenaries, Savages and Slaves, for the avowed Purpose of reducing them to a total and abject Submission to the despotic Domination of the British Parliament, with many other Acts of Tyranny (more fully set forth in the Declaration of Congress) whereby all Allegiance and Fealty to the said King, and ' his Successors, are dissolved and at an End, and all Power and Authority derived from him ceased in these Colonies. And whereas it is absolutely necessary for the Welfare and Safety of...
Page 2 - may, in this particular case, operate to defeat the object of the Act ; but it is better to abide by this consequence than to put upon it a construction not warranted by the words of the Act, in order to give effect to what we may suppose to have been the intention of the Legislature.