A Treatise on the Rules which Govern the Interpretation and Application of Statutory and Constitutional Law |
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Page x
... Lord Coke's rules - Blackstone's rules - Statutes in pari materia- Contemporaneous exposition - Legislative exposition - Judicial con- struction - Usage - Language used in statutes - Technical terms- Liberal and strict construction ...
... Lord Coke's rules - Blackstone's rules - Statutes in pari materia- Contemporaneous exposition - Legislative exposition - Judicial con- struction - Usage - Language used in statutes - Technical terms- Liberal and strict construction ...
Page 54
... Lord Coke and Lord . Bacon say , the preamble is a key to open the under- standing of a statute . " The influence of the preamble , " says Mr. Justice * Dwarris , p . 503 . Story , in his Commentaries on the Constitution of the 54 THE ...
... Lord Coke and Lord . Bacon say , the preamble is a key to open the under- standing of a statute . " The influence of the preamble , " says Mr. Justice * Dwarris , p . 503 . Story , in his Commentaries on the Constitution of the 54 THE ...
Page 58
... Lord Coke , " where the words are plain without any scruple , and absolute without any saving . " We shall discuss other branches of this part of our subject , when we come to examine the rules of interpretation . Clauses . Of these in ...
... Lord Coke , " where the words are plain without any scruple , and absolute without any saving . " We shall discuss other branches of this part of our subject , when we come to examine the rules of interpretation . Clauses . Of these in ...
Page 71
... Lord Coke , is the pride of the English law.§ It is , indeed , proper to bear in mind that this principle , that within the limits of its jurisdiction the law con- trols alike , without distinction , the property and con- dition of all ...
... Lord Coke , is the pride of the English law.§ It is , indeed , proper to bear in mind that this principle , that within the limits of its jurisdiction the law con- trols alike , without distinction , the property and con- dition of all ...
Page 127
... Lord Coke , " that forasmuch as acts of Parliament are estab- lished with such gravity , wisdom , and universal consent of the whole realm , for the advancement of the com- monwealth , they ought not , by any constrained con- struction ...
... Lord Coke , " that forasmuch as acts of Parliament are estab- lished with such gravity , wisdom , and universal consent of the whole realm , for the advancement of the com- monwealth , they ought not , by any constrained con- struction ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.