A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional LawJ. S. Voorhies, 1857 - 712 páginas |
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Página 9
... decisions , therefore , pro- nounced previous to our Declaration of Independence , construing or interpreting such statute law of the mother country as we have adopted , are to be received here as a part of such statutes ; but judicial ...
... decisions , therefore , pro- nounced previous to our Declaration of Independence , construing or interpreting such statute law of the mother country as we have adopted , are to be received here as a part of such statutes ; but judicial ...
Página 17
... decisions , the usages and customs of the re- spective States , must determine how far the common law has been introduced and sanctioned in each . + It is often said that Christianity is part and parcel of the common law ; but this is ...
... decisions , the usages and customs of the re- spective States , must determine how far the common law has been introduced and sanctioned in each . + It is often said that Christianity is part and parcel of the common law ; but this is ...
Página 18
... decisions and the product of the numerous legislative bodies to which the government of the States and of the Union is confided . As we shall have occasion to see in the progress of this work , the statute law of the United States , and ...
... decisions and the product of the numerous legislative bodies to which the government of the States and of the Union is confided . As we shall have occasion to see in the progress of this work , the statute law of the United States , and ...
Página 38
... decisions of the English courts , that a statute containing a mere affirmative provision , without any negative expressed or implied , does not alter any com- mon - law rule existing in regard to its subject matter before the statute ...
... decisions of the English courts , that a statute containing a mere affirmative provision , without any negative expressed or implied , does not alter any com- mon - law rule existing in regard to its subject matter before the statute ...
Página 57
... decision or forestall- ing of rights accrued or vested under previous laws . Such a preamble is evidence that the facts were so rep- resented to the legislature , and not that they are really true . " * This reasoning applies with as ...
... decision or forestall- ing of rights accrued or vested under previous laws . Such a preamble is evidence that the facts were so rep- resented to the legislature , and not that they are really true . " * This reasoning applies with as ...
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Palavras e frases frequentes
19 Barb act of Parliament action appears applied authority Bank bill branch charter clause common law Commonwealth Conn considered constitution construction contract corporation courts of equity Cowen decided decisions declared defendant Denio doctrine doubt duty Dwarris effect enactment England English equity execution exercise express favor give grant ground held Hill indictment intention interpretation judges judgment judicial judiciary jurisdiction jurisprudence justice land language lative lature legis legislative power legislature liberty limits Lord Lord Coke Lord Mansfield Mass Massachusetts matter Mayor meaning ment mode municipal nature notice offense operation pari materia particular party passed penal statutes penalty Penn person Peters Pick Polk's Lessee prescribed principle private property proceedings prohibited provisions question reason regard remedy repeal retrospective rule says stat statutory struction Supreme Court taken thing tion treaty Turnpike Co United unless usury vested rights violation void Wend words York
Passagens conhecidas
Página 568 - 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.
Página 151 - 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.
Página 537 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
Página 538 - 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.
Página 574 - 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.
Página 315 - 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.
Página 298 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 649 - Whatever belongs merely to the remedy may be altered according to the will of the State, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the constitution.
Página 536 - That all courts shall be open; and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial, or delay.
Página 219 - ... with its administration, to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.