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 xi
... remedies and penalties- Retroactive effect of laws - Waiver - Rule that the last statute in point of time prevails - Computation of time in statutes - Subject- matter - General words - Misdescription and surplusage - Remote- ness of ...
... remedies and penalties- Retroactive effect of laws - Waiver - Rule that the last statute in point of time prevails - Computation of time in statutes - Subject- matter - General words - Misdescription and surplusage - Remote- ness of ...
Página 39
... remedy is given by an affirmative statute , if a remedy previously existed at common law , and is not prohibited by express words , it is not taken away , but the party has his election . Thus , it has been held in this country , that ...
... remedy is given by an affirmative statute , if a remedy previously existed at common law , and is not prohibited by express words , it is not taken away , but the party has his election . Thus , it has been held in this country , that ...
Página 40
... remedy previously existing . " The dif- ferent operation of affirmative and negative statutes , " says Mr. Dwarris , is thus illustrated : - " If a statute were to provide that it should be lawful for tenant in fee simple , to make a ...
... remedy previously existing . " The dif- ferent operation of affirmative and negative statutes , " says Mr. Dwarris , is thus illustrated : - " If a statute were to provide that it should be lawful for tenant in fee simple , to make a ...
Página 56
... remedy is given by the act , the preamble cannot be used to introduce one more ex- tensive . † A question has arisen as to the effect of the pre- amble as matter of evidence ; or , in other words , whether the allegation by the ...
... remedy is given by the act , the preamble cannot be used to introduce one more ex- tensive . † A question has arisen as to the effect of the pre- amble as matter of evidence ; or , in other words , whether the allegation by the ...
Página 65
... Remedies for the violation of Statutes- Statutory Forfeitures - Ignorance of Statute no excuse - Limitations of actions - Waiver of Statutes by consent - Pleading and Proof of Statutes- Repeal . We have now to consider the more ...
... Remedies for the violation of Statutes- Statutory Forfeitures - Ignorance of Statute no excuse - Limitations of actions - Waiver of Statutes by consent - Pleading and Proof of Statutes- Repeal . We have now to consider the more ...
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.