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 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 ...
Σελίδα 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 ...
Σελίδα 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 ...
Σελίδα 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 ...
Σελίδα 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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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 |
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Δημοφιλή αποσπάσματα
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.
Σελίδα 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.