A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional Law |
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Page 3
... force of custom . " Con- suetudinis ususque longævi , " says the Code , " non vilis auc- toritas est . * And again : † Inveterata consuetudo pro lege non immerito custoditur , et hoc est jus , quod dicitur moribus con- stitutum . Nam ...
... force of custom . " Con- suetudinis ususque longævi , " says the Code , " non vilis auc- toritas est . * And again : † Inveterata consuetudo pro lege non immerito custoditur , et hoc est jus , quod dicitur moribus con- stitutum . Nam ...
Page 5
... force of ancient usage . " Whatever is am- biguous , " says the Code ( Art . 1159 , speaking of the interpretation of contracts ) , “ is to be interpreted by the usage of the district where the contract was made . " " Ce qui est ambigu ...
... force of ancient usage . " Whatever is am- biguous , " says the Code ( Art . 1159 , speaking of the interpretation of contracts ) , “ is to be interpreted by the usage of the district where the contract was made . " " Ce qui est ambigu ...
Page 6
... force at their emigration , and claimed them as their birth- right . Nevertheless , that the common law of America is not to be taken in all respects , to be that of England , but that the settlers brought with them , and adopted , only ...
... force at their emigration , and claimed them as their birth- right . Nevertheless , that the common law of America is not to be taken in all respects , to be that of England , but that the settlers brought with them , and adopted , only ...
Page 7
... force at the settlement of the colony . In Maryland , it has been decided under the Constitution of that State , that their adoption of the common law has no reference to adjudications in England anterior to the colonization , or to ...
... force at the settlement of the colony . In Maryland , it has been decided under the Constitution of that State , that their adoption of the common law has no reference to adjudications in England anterior to the colonization , or to ...
Page 8
... force as a part of the law of that province , before the revolu- tion , except when other provision was made by express statute or by local usage ; and they decided that an indictment at common law could be sustained for an assult and ...
... force as a part of the law of that province , before the revolu- tion , except when other provision was made by express statute or by local usage ; and they decided that an indictment at common law could be sustained for an assult and ...
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Popular passages
Page 518 - 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 567 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states...
Page 439 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 125 - 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 512 - 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.
Page 479 - 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 536 - 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 273 - 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 438 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 546 - 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.