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 31
... evidence ; and private acts not printed . " In Parliament are adopted other distinctions resting upon different grounds ; there , all bills whatever from which private persons , corporations , & c . , derive benefit , are subject to the ...
... evidence ; and private acts not printed . " In Parliament are adopted other distinctions resting upon different grounds ; there , all bills whatever from which private persons , corporations , & c . , derive benefit , are subject to the ...
Página 32
... Evidence , 39 , 40 ; Phil . on Evidence , 238 ; Com . Dig . Tit . Parliament , R. 6 ; 4 Rep . 76 , b .; Kirk vs. Nowill , 1 T. R. 118 ; 4 Rep . 79 ; 4 Co. 76 , a . b . 79 . Mr. Dwarris , vol . ii . p . 464 , gives at length the ...
... Evidence , 39 , 40 ; Phil . on Evidence , 238 ; Com . Dig . Tit . Parliament , R. 6 ; 4 Rep . 76 , b .; Kirk vs. Nowill , 1 T. R. 118 ; 4 Rep . 79 ; 4 Co. 76 , a . b . 79 . Mr. Dwarris , vol . ii . p . 464 , gives at length the ...
Página 38
... evidence could be shown of the antiquity of the practice of the act complained of , the custom might be set up in defence , and would prevail . But if a statute be passed de- claratory of the common - law rule , and prohibit the act in ...
... evidence could be shown of the antiquity of the practice of the act complained of , the custom might be set up in defence , and would prevail . But if a statute be passed de- claratory of the common - law rule , and prohibit the act in ...
Página 56
... evidence of the matters recited in it , said , " The fact recited in the preamble of a private statute may be evidence between the commonwealth and the applicant or party for whose benefit the act was passed . But as between the ...
... evidence of the matters recited in it , said , " The fact recited in the preamble of a private statute may be evidence between the commonwealth and the applicant or party for whose benefit the act was passed . But as between the ...
Página 57
... evidence against private rights , and many individual controversies may be prejudged , and drawn from the sanctions of the judiciary into the vortex of legislative usurpation . The appropriate functions of the legislature are to make ...
... evidence against private rights , and many individual controversies may be prejudged , and drawn from the sanctions of the judiciary into the vortex of legislative usurpation . The appropriate functions of the legislature are to make ...
Outras edições - Ver tudo
A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Visualização integral - 1857 |
A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Pré-visualização limitada - 2023 |
A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Pré-visualização limitada - 2023 |
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.