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 Topics

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Callaghan, 1891 - 696 pages
 

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Contents

Meikle 81 Ind 260 190 Asplin v Blackman 7 Ex 386 S 462
lxxvi
Apple 1 Head 348 SS 247
lxxxiv
Abbottsford The 98 U S 440 SS 255 394 336
lxxxviii
State 78 Ala 411 138 Alabama Ins Co v Boykin 38
ci
PART FIRST
1
Legislative rules of action Essential limitations
2
Extraterritorial operation of laws in colonization of a new country
2
Federal and state statutes
23
CHAPTER IL
29
Evidence of statutes in New York Indiana
40
Legislative journals and files are evidence
47
Required reading of bills
54
FORMS OF LEGISLATION REFERENCE TO THE ENACTING POWER AND
60
Legislative power cannot be delegated
68
CHAPTER IV
83
Booth 21 How 506 21 Alberson v Mayor 82 Ga 30
101
Provisions not within subject in the title
102
United States 9 Cranch 104 v Brunst 3 Wis 787 256
110
Effect of act containing more than one subject
124
Precise time of taking immediate effect
131
Computation of time when to take effect in specific number of days 111115
144
General laws or laws of general nature 120123
153
Special and local laws 127129
160
Constitutional requirement and its purpose
168
REPEALING ACTS
175
Repealing effect of affirmative statutes conferring power
183
Watson 2 Hill S C 319 v Folger 11 La Ann 269 297
184
Where there is grant of part of power already possessed
197
Hower 93 Pa St 332 v Levely 58 Md 192 SS 68 342
198
Alley in Kritztown In re 2 Woodw Andrews v Hoxie 5 Tex 117 SS 184
204
Repeal by revision
207
New Orleans 11 La Ann Fitzgib 195 SS 160 221
221
General laws will not repeal those which are special
224
CHAPTER IX
230
Adam 49 Miss 404 8 451 v Detroit etc Co 2 Mich 138
239
Main purpose being unconstitutional whole act void
241
The names applied to statutes
261

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Page 245 - 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 353 - 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 81 - 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.
Page 2 - 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...
Page 116 - 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 cxxviii - 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.
Page 51 - 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...
Page 435 - 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 567 - 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 64 - 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...

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