Statutes and statutory constructionРипол Классик, 1972 - History Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure. |
Contents
CHAPTER i | 1 |
Unreliability of the journals | 46 |
CHAPTER II | 47 |
REQUIREMENT OF GENERAL LAWS AND THAT THEY BE OF UNIFORM OPERA | 50 |
The constitution a limitation Legislative authority plenary | 81 |
Authority to prescribe form of insurance policy | 91 |
Acts for the incorporation of municipalities or for annexing or excluding territory | 92 |
Acts held to be a delegation of legislative power | 93 |
As a general rule whatever is excluded from the revised act is repealed | 270 |
Acts relating to light water railroads et0 in municipalities | 271 |
Apparent exceptions to the general rule Efiect of express re peal of inconsistent acts and parts of acts | 272 |
Repeal and reenactmentEffect of reenactment on interme diate acts | 273 |
The question is one of intent | 276 |
IllustrationsLocal and special acts held to be repealed by general acts | 277 |
IllustrationsLocal and special acts held not to be repealed by general acts | 278 |
Efiect of constitutional provisions requiring genepal laws and laws of uniform operation upon repeal of special by general laws | 279 |
Acts held not to he a delegation of legislative power | 94 |
9698 Effect of submitting laws or questions controlling their eflect to popular vote of the state at large | 96 |
Cases maintaining the constitutionality of such acts | 99 |
The operation and terms of an act may be made to depend on foreign legislation | 100 |
Efiect of giving president power to suspend operation of | 101 |
Local laws dependent on popular vote generally held valid | 102 |
Operation of law dependent upon adoption by corporate au thorities | 103 |
Operation of general law dependent upon local adoption | 104 |
Adoption must be coextensive with territory affected by | 105 |
Power to suspend and put in force a statute at pleasure | 152 |
Acts relating to schools school districts and education | 154 |
Acts relating to offices and officers | 155 |
Acts relating to irrigation drainage levees and the like | 156 |
Acts relating to roads bridges ferries | 157 |
Acts relating to courts and judicial practice and proceedings | 158 |
Acts relating to probate law and the descent and distribution of property | 159 |
Acts relating to elections | 160 |
Acts relating to taxation and revenue | 161 |
Curative acts and provisions | 162 |
Acts relating to intoxicating liquors | 163 |
Pure food laws | 164 |
Acts relating to gaming poolselling | 165 |
Acts relating to fish game | 166 |
Acts relating to crimes in general | 167 |
Acts relating to convicts and penal institutions | 168 |
Miscellaneous cases in which acts were held to conform to the constitution as to title | 169 |
Miscellaneous cases in which acts were held not to conform to the constitution as to title | 170 |
Miscellaneous points as to titles | 171 |
When silent as to commencement Date of passage | 172 |
Acts of parliament formerly took effect from the first day of the session | 173 |
The actual date of passage adopted in this country | 174 |
charters | 175 |
Other decisions on the validity of statutes | 176 |
Acts done under an invalid statute | 177 |
Taking effect on publication | 178 |
The precise time of taking effectFractions of a | 179 |
CHAPTER IV | 180 |
Time of taking eifect Miscellaneous cases | 181 |
When act provides for things to be done before it takes eflect | 182 |
Meaning of words now heretofore hereafter from | 183 |
The mischief intended to be remedied The purpose of these restrictive provisions | 184 |
112114 Regarded as mandatory | 187 |
Liberally construed to sustain legislation not within the mis chief | 189 |
The subject or object of a statute | 193 |
The provisions of an act must be germane to one subject | 198 |
Requirement as to form or manner of expressing subject in title 120 The subject in an act can be no broader than the statement of it in the title | 201 |
Requisites of title generally It need not index the details of the | 202 |
Effect of etc and so forth and for other purposes in title | 206 |
Title misleading by reason of generality 124 The title may be broader and more comprehensive than the | 208 |
Misleading titles | 212 |
Statutes requiring majority vote 716 Words and provisions relating to time and its computation 717 Statutes relating to appeals writs of error etc 718 ... | 224 |
Criminal laws | 227 |
Conflicting petitions for the organization of territory and the like | 233 |
cases | 242 |
Elfth of duplicity of subject in act or title | 250 |
Acts incorporating or relating to railroads and common car | 257 |
Reconcilement of affirmative statutes Illustrations | 258 |
Repeal by implication Particular acts construed Acts re lating to the liquor traffic | 259 |
SameActs relating to courts jurisdiction practice proced ure | 260 |
SameActs relating to officers their election appointment removal fees compensation | 261 |
Same Acts relating to municipal corporations | 262 |
SameActs relating to revenue taxation bonds assessments | 263 |
Same Acts relating to married women | 264 |
Same Acts relating to the limitation of actions | 265 |
Same Miscellaneous cases | 266 |
Repeals by implication avoided if possible | 267 |
Acts passed at same session Provisions in same | 268 |
Repeal by revision | 269 |
What is the later law which is potent to repeal | 280 |
Elfect where difierent statutes are incorporated into a revision | 281 |
Effect of repeal in general | 282 |
Effect on inchoate rights | 283 |
Effect on vested rights | 284 |
Effect on powers jurisdiction and pending proceedings | 285 |
Effect of repeal of a penal statute | 286 |
Errors and mistakes in express repeals | 293 |
Effect of a statute and its repeal upon the common | 294 |
Miscellaneous points and cases | 295 |
Statutes may be void in part and good in part | 296 |
General rules and principles | 297 |
Rule when physical severance is impossibleWhether words or provisions can he severed in their application or scope | 298 |
The same question in case of criminal statutes | 299 |
The main purpose being unconstitutional the whole act void | 301 |
When the void part is inducement to or consideration of residue of | 303 |
SameIllustrations | 304 |
The valid part must be complete and accord with the legislative intent | 305 |
Effect of void exceptions provisos restrictions | 306 |
When act intended to operate as a whole | 307 |
Miscellaneous acts held severable VOLUME II | 308 |
Judicial notice of statutes | 309 |
Courts will take notice of facts that afiect the validity oper ation or construction of a statute | 310 |
Judicial notice of facts relating to the passage or existence of statutes | 311 |
Judicial notice of English statutes and of the common | 312 |
State statutes in the federal courts | 313 |
Interpretation of state and federal laws | 314 |
316319 Foreign statutes how proved | 316 |
The functions of the court and jury in regard to foreign laws | 320 |
Private statutes | 321 |
Miscellaneous cases | 323 |
after the passage of this act | 324 |
Ancient statutes of England | 325 |
184187 Computation of time when an act is to take effect in a speci fied number of days | 326 |
When Sundays are included or excluded | 333 |
The constitutional requirements | 338 |
The intent of the statute is the | 363 |
General intent of statute the key to meaning of the parts | 369 |
Letter and intent | 379 |
Words disregarded or eliminated | 384 |
Miscellaneous | 422 |
Amendatory and curative acta | 427 |
CHAPTER VII | 431 |
Requisites of amendatory act 232 Constitutional provisions in Georgia Nebraska and Tennessee | 434 |
Amendment of repealed or void act or section | 435 |
Effect of second amendment of section which ignores prior amendment | 439 |
When section subdivided into clauses or paragraphs 236 Discrepancy between amendment specified and section as amended | 440 |
Effect of amendment so as to read as follows | 441 |
Repeal and reenactmentConstruction and effect 239 Amendments by implication not within the constitutional re quirement Acts complete in themselv... | 446 |
241 Miscellaneous cases and questions in regard to amen datory acts 242 Revival of law 243 Constitutional provisions against adopting or extending ... | 453 |
CHAPTER VIII | 456 |
Duration of statutes and power of repeal 245 Repealing efleot of an unconstitutional statute 246 Modes of repeal Express or implied Efiect of disuse ... | 461 |
Negative and affirmative statutes | 470 |
Repealing effect of affirmative statutes conferring power and regulating its exercise | 472 |
New grant of part of power already possessed | 475 |
251253 Repealing efiect 0E new statutes changing criminal laws 254 Statutes granting larger or different power or right | 487 |
Repeal by radical change of leading part or system | 490 |
Effect of clause repealing all acts and parts of acts inconsistent with new | 491 |
Miscellaneous | 516 |
Saving clauses and general saving statutes | 557 |
Revival by repeal of repealing statute | 561 |
Constitutional provisions as to repeals 290 Repeal by constitution | 566 |
An act to repeal a void | 567 |
Construction of express repeals | 568 |
CHAPTER XVIII | 576 |
CHAPTER XVI | 591 |
Common terms and phrases
adjournment adopted affirmative amend approval Ass’n authority Bank Barb become a law bill Board certificate Colo common law Commonwealth confined Conn Const constitutional provision constitutional requirement County Com’rs court says Davis declared defined delegation Dist duty efiect embrace enacted enrolled act executive exercise expressed final passage first fix governor Haywood County Iowa ject judicial notice justice lative lature legis legislative power legislature Mass Matter Mayor ment Minn Miss Mont municipal N. J. Eq object office Ohio St passed prescribed presiding officers question R. R. Co Railroad references regulate rule S. C. Rep session Smith specified statute sufficient Supervisors Supr supreme court take effect Tenn territory tion Union United Utah valid vote Wash Wend