A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional LawJ. S. Voorhies, 1857 - 712 Seiten |
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Seite 24
... question in any case of first impression growing out of the provisions of writ- ten law , will usually be with every legal mind : does the alleged right interfere with any constitutional provision , State or federal ? And it might ...
... question in any case of first impression growing out of the provisions of writ- ten law , will usually be with every legal mind : does the alleged right interfere with any constitutional provision , State or federal ? And it might ...
Seite 37
... question whether the new law is declaratory of the old , or whether it is in- tended to introduce any new principle . In this latter case , as I have said , for want of a settled terminology , I call it innovating . Thus , for instance ...
... question whether the new law is declaratory of the old , or whether it is in- tended to introduce any new principle . In this latter case , as I have said , for want of a settled terminology , I call it innovating . Thus , for instance ...
Seite 38
... question arose in regard to declar- atory statutes and their effect . The old rule was , that a custom could be alleged or prescribed against the common law ; that is to say , although the common law prohibited a particular act , yet as ...
... question arose in regard to declar- atory statutes and their effect . The old rule was , that a custom could be alleged or prescribed against the common law ; that is to say , although the common law prohibited a particular act , yet as ...
Seite 56
... question has arisen as to the effect of the pre- amble as matter of evidence ; or , in other words , whether the allegation by the Legislature in the preamble of a statute , of the existence of certain facts , can be offered as evidence ...
... question has arisen as to the effect of the pre- amble as matter of evidence ; or , in other words , whether the allegation by the Legislature in the preamble of a statute , of the existence of certain facts , can be offered as evidence ...
Seite 70
... question of allegiance and of its duration , which do not properly fall within the scope of this work . As a general proposition , the rule is good , that no nation is bound to respect the laws of another nation , except as to persons ...
... question of allegiance and of its duration , which do not properly fall within the scope of this work . As a general proposition , the rule is good , that no nation is bound to respect the laws of another nation , except as to persons ...
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A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Eingeschränkte Leseprobe - 2023 |
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Häufige Begriffe und Wortgruppen
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
Beliebte Passagen
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.
Seite 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.