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 |
Из књиге
Резултати 1-5 од 100
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 646
... strict construction.79 All of the provisions of criminal statutes are not construed strictly ; they are con- strued strictly against the accused , and favorably and equi- tably for him.80 Life Ass . Soc . , 100 Ky . 341 , 38 S. W. 491 ...
... strict construction.79 All of the provisions of criminal statutes are not construed strictly ; they are con- strued strictly against the accused , and favorably and equi- tably for him.80 Life Ass . Soc . , 100 Ky . 341 , 38 S. W. 491 ...
Страница 674
... strictly . The intention of the law - maker , if plainly ex- pressed , must have the force of law , though it may be in the form of a proviso ; the intention expressed is paramount to form.20 The form , however , is influential in the ...
... strictly . The intention of the law - maker , if plainly ex- pressed , must have the force of law , though it may be in the form of a proviso ; the intention expressed is paramount to form.20 The form , however , is influential in the ...
Страница 675
... strictly construed , and takes no case out of the enacting clause which does not fall fully within its terms . " It should be within its letter and purpose.23 The general law of Illinois making exemption of certain amounts of personal ...
... strictly construed , and takes no case out of the enacting clause which does not fall fully within its terms . " It should be within its letter and purpose.23 The general law of Illinois making exemption of certain amounts of personal ...
Страница 958
... STRICT CONSTRUCTION . § 517 ( 346 ) . Literal and strict construction compared . Statutes are seldom written in such ... strictly construed . And there is a great variety of other statutes which are remedial in their nature and are ...
... STRICT CONSTRUCTION . § 517 ( 346 ) . Literal and strict construction compared . Statutes are seldom written in such ... strictly construed . And there is a great variety of other statutes which are remedial in their nature and are ...
Друга издања - Прикажи све
Statutes and Statutory Construction, Including a Discussion of Legislative ... J G 1825-1902 Sutherland Приказ није доступан - 2018 |
Чести термини и фразе
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
Популарни одломци
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.