Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Том 2Callaghan, 1904 - 1416 страница |
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Страница 602
... STRICT CONSTRUCTION . § 517-519 . Literal and strict construction compared . 520-527 . Strict construction of penal statutes . 528-530 . Courts will not by the strict construction of penal statutes defeat the intention of the law ...
... STRICT CONSTRUCTION . § 517-519 . Literal and strict construction compared . 520-527 . Strict construction of penal statutes . 528-530 . Courts will not by the strict construction of penal statutes defeat the intention of the law ...
Страница 678
... strict construction of a proviso apply to a saving clause where there is an express repeal , and the saving clause is intended to restrict it . The special intent in the saving clause pre- vails over the general intent in the repeal ...
... strict construction of a proviso apply to a saving clause where there is an express repeal , and the saving clause is intended to restrict it . The special intent in the saving clause pre- vails over the general intent in the repeal ...
Страница 712
... strict letter . When the words are not ex- plicit the intention is to be collected from the context ; from the occasion and necessity of the law ; from the mischief felt , and the remedy in view ; and the intention is to be taken or ...
... strict letter . When the words are not ex- plicit the intention is to be collected from the context ; from the occasion and necessity of the law ; from the mischief felt , and the remedy in view ; and the intention is to be taken or ...
Страница 717
... strict letter.81 Though a statute gives inaccurate names to things , if the court can discern its meaning , it will so expound it as to give force to the intention of the legislature ; thus , it seems a statutory requirement of the ...
... strict letter.81 Though a statute gives inaccurate names to things , if the court can discern its meaning , it will so expound it as to give force to the intention of the legislature ; thus , it seems a statutory requirement of the ...
Страница 725
... strict interpretation within the bounds of reason , sacrificing literal sense and rejecting every inter- pretation not in harmony with the evident intent of the law - makers , rather than that such intent shall fail . " 14 The code of ...
... strict interpretation within the bounds of reason , sacrificing literal sense and rejecting every inter- pretation not in harmony with the evident intent of the law - makers , rather than that such intent shall fail . " 14 The code of ...
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Statutes and Statutory Construction, Including a Discussion of Legislative ... J G 1825-1902 Sutherland Приказ није доступан - 2018 |
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action amended Appeal apply Ass'n authority Bank Barb Board clause Colo Com'rs common law Commonwealth Conn constitution contract corporation County court says effect ejusdem generis election enacted eral ex post facto exemption expressed give grant held to include implied intention interpretation Iowa judgment judicial judicial notice jurisdiction justice land language legislative legislature liable liberally construed lien limited Mass Mayor meaning Minn Miss Mont offense officers Ohio St pari materia particular party penal penalty person purpose Q. B. Div R. R. Co railroad reason remedy repeal rule rule of construction S. C. Rep sense Smith stare decisis stat statute provided statute requiring statutory Strob strued Tenn tion United unless valid Wall Wend words
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Страница 822 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
Страница 612 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Страница 962 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Страница 1192 - The contract between Georgia and the purchasers was executed by the grant. A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Страница 1116 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Страница 1202 - For, undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Страница 989 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Страница 1173 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Страница 1116 - I believe, as far as any rule is concerned, you cannot safely go " further than that in each case you must look to the subject-matter; consider the " importance of the provision that has been disregarded, and the relation of that " provision to the general object intended to be secured by the Act; and upon a review " of the case in that aspect decide whether the matter is what is called imperative or
Страница 700 - The primary and general rule of statutory construction Is that the intent of the lawmaker is to be found in the language that he has used. He is presumed to know the meaning of words and the rules of grammar.