A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional LawJ. S. Voorhies, 1857 - 712 σελίδες |
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Σελίδα 35
... regard to declarations or complaints , the original distinction holds good , the courts being bound to take notice of and give effect to public general laws whether pleaded or not , and not obliged to do so in regard to private laws ...
... regard to declarations or complaints , the original distinction holds good , the courts being bound to take notice of and give effect to public general laws whether pleaded or not , and not obliged to do so in regard to private laws ...
Σελίδα 38
... 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 the common law is ...
... 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 the common law is ...
Σελίδα 61
... regard to the revision and amendment of laws with reference to the title , the analogy of which might perhaps be followed in regard to the repeal of statutes . So The remaining clauses in most general use , are , REPEALING CLAUSES . 61.
... regard to the revision and amendment of laws with reference to the title , the analogy of which might perhaps be followed in regard to the repeal of statutes . So The remaining clauses in most general use , are , REPEALING CLAUSES . 61.
Σελίδα 62
... regard to provisoes . It is that when the proviso of an act of Parliament is directly repug- nant to the main body of it , the proviso shall stand and be held a repeal of the purview , as it speaks the last intention of the makers.t ...
... regard to provisoes . It is that when the proviso of an act of Parliament is directly repug- nant to the main body of it , the proviso shall stand and be held a repeal of the purview , as it speaks the last intention of the makers.t ...
Σελίδα 65
... regard to them ; and finally , the results of their repeal . As a general rule , no public notice is necessary pre- vious to the introduction or passage of an act . Bills are framed either upon petitions , or upon the mere mo- tion of ...
... regard to them ; and finally , the results of their repeal . As a general rule , no public notice is necessary pre- vious to the introduction or passage of an act . Bills are framed either upon petitions , or upon the mere mo- tion of ...
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A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Περιορισμένη προεπισκόπηση - 2023 |
A Treatise on the Rules which Govern the Interpretation and Application of ... Theodore Sedgwick Περιορισμένη προεπισκόπηση - 2023 |
Συχνά εμφανιζόμενοι όροι και φράσεις
act of Parliament action applied authority Bank bill branch Charles River Bridge charter citizen City clause common law Commonwealth compensation Conn considered construction construed corporation Cowen decided decisions declared Denio doctrine doubt duty Dwarris effect eminent domain enactments England English equity execution exercise existing express give grant ground held Hill Howard 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 Mayor meaning ment municipal nature operation particular party passed penal penalty Penn Pennsylvania person Peters Pick principle private property private rights proceedings prohibited question regard remedy repeal retrospective rule says stat statute strictly Supreme Court taken taxation thing tion treaty trial by jury Turnpike Co unconstitutional United unless usury valid vested rights violation void Wend Wheat words York
Δημοφιλή αποσπάσματα
Σελίδα 592 - ... 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
Σελίδα 466 - If a man were called to fix the period in the history of the world during which the condition of the human race was most happy and prosperous, he would, without hesitation, name that which elapsed from the death of Domitian to the accession of Commodus.
Σελίδα 158 - 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.
Σελίδα 567 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Σελίδα 575 - 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.
Σελίδα 545 - 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.
Σελίδα 581 - 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.
Σελίδα 322 - 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.
Σελίδα 305 - 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.
Σελίδα 592 - Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.