Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Том 1

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CHAPTER III
132
Power to suspend and put in force a statute at pleasure
152
CHAPTER IV
180
Liberally construed to sustain legislation not within the mis
189
The constitutional provisions mandatory
190
When a general law on the subject is in existence
191
Local and special laws valid if not forbidden
192
Peculiar provision in South Carolina
193
194196 What are general laws General principles
194
What are laws of a general nature
197
The provisions of an act must be germane to one subject
198
Special and local laws
199
Whether act general or special General principles Not a question of form
200
Acts whose operation is dependent upon local adoption Ef fect of limit of time for adoption
201
Class legislation
202
Classification of subjects for legislation General principles
203
Classification of municipalities according to population Cali fornia
204
Same Minnesota
205
Effect of etc and so forth and for other purposes
206
Same New Jersey
207
Same
208
Misleading titles
212
Ohio
230
Effect of title specifying the section or sections to be amended
236
cases
242
Effect of duplicity of subject in act or title
250
Acts incorporating or relating to railroads and common car
257
258 Reconcilement of affirmative statutes Illustrations
258
Repeal by implication Particular acts construed Acts
259
Acts to create municipal corporations or to revise amend
265
Acts relating to municipal streets improvements buildings
271
Acts relating to counties and county seats
274
Acts relating to schools school districts and education
275
Acts relating to offices and officers
277
Acts relating to irrigation drainage levees and the like
280
Acts relating to roads bridges ferries
281
Acts relating to courts and judicial practice and proceedings 159 Acts relating to probate law and the descent and distribution of property
285
Acts relating to elections
286
Acts relating to taxation and revenue
287
Curative acts and provisions
290
Acts relating to intoxicating liquors
291
Pure food laws
293
Acts relating to gaming poolselling etc 166 Acts relating to fish game
294
Acts relating to crimes in general
295
Acts relating to convicts and penal institutions
296
General rules and principles
297
Miscellaneous cases in which acts were held to conform to the constitution as to title
298
The same question in case of criminal statutes
299
Miscellaneous cases in which acts were held not to conform to the constitution as to title
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
Miscellaneous points as to titles
306
When act intended to operate as a whole
307
CHAPTER V
308
Judicial notice of statutes
309
Acts of parliament formerly took effect from the first day of the session
310
The actual date of passage adopted in this country 175 The legislature may fix a future day for an act to take effect
311
Judicial notice of English statutes and of the common
312
Constitutional provisions regulating the time of acts taking effectEmergency clause
313
Interpretation of state and federal laws
314
Where the constitution requires the legislature to fix the time
315
Taking effect on publication
316
The precise time of taking effect Fractions of a
318
The functions of the court and jury in regard to foreign laws
320
Private statutes
321
Acts approved on the same day 181 Time of taking effect Miscellaneous cases
322
When act provides for things to be done before it takes effect
323
Meaning of words now heretofore hereafter from and after the passage of this act
324
Ancient statutes of England
325
Other classification of municipalities or for municipal purposes 214 Classification based on existing or past conditions
397
Validity of class not dependent upon number or a few 216 Evasive classification Examples Classes of
398
Classification of counties and legislation in respect thereto 218 Schools school districts and school affairs 219
409
Railroads
411
Courts and judicial procedure
414
Insurance and insurance companies
415
Building and loan associations 223 WagesLabor Employees
416
Mines
418
Sunday laws 226 Allowing plaintiff an attorneys
419
Criminal laws
420
Miscellaneous
422
Amendatory and curative acts
427
CHAPTER VII
431
Requisites of amendatory
432
Constitutional provisions in Georgia Nebraska and Tennessee
434
Amendment of repealed or void act or section
435
It is otherwise when this rule would leave the general words
436
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
Reddendo singula singulis
442
Repeal and reenactmentConstruction and effect
445
Amendments by implication not within the constitutional re quirement Acts complete in themselves
446
Whether act amendatory within the constitutional provision Illustrations
449
Miscellaneous cases and questions in regard to amendatory acts
451
Revival of law 243 Constitutional provisions against adopting or extending the provisions of a
453
REPEALS AND REPEALING ACTS 244 Duration of statutes and power of repeal
456
Repealing effect of an unconstitutional statute
457
Modes of repeal Express or implied Effect of disuse 247 Repeals by implication General rules Same not favored
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 effect of new statutes changing criminal laws
480
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
Effect of repeal of statute adopted by reference
493
lating to the liquor traffic
496
SameActs relating to courts jurisdiction practice proced ure
498
Same Acts relating to officers their election appointment removal fees compensation
500
SameActs relating to municipal corporations
502
SameActs relating to revenue taxation bonds assessments
503
Same Acts relating to married women
505
SameActs relating to the limitation of actions
508
SameMiscellaneous cases 267 Repeals by implication avoided if possible
510
Acts passed at same session Provisions in same
513
Repeal by revision
515
As a general rule whatever is excluded from the revised act is repealed
519
Apparent exceptions to the general rule Effect of express re peal of inconsistent acts and parts of acts
522
As a rule general laws will not impliedly repeal those which are special or local
526
defeat the intention of the lawmaker
528
The question is one of intent
533
Illustrations Local and special acts held to be repealed by general acts
534
Illustrations Local and special acts held not to be repealed by general acts
535
Effect of constitutional provisions requiring general laws and laws of uniform operation upon repeal of special by general laws
538
What is the later law which is potent to repeal
540
Effect where different statutes are incorporated into a revision 282 Effect of repeal in general
544
Effect on inchoate rights
545
Effect on vested rights
546
Effect on powers jurisdiction and pending proceedings
550
Effect of repeal of a penal statute
554
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
General statement of the subject
582
CHAPTER XVI
591
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НасловStatutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Том 1
Том 1 књиге Statutes and Statutory Construction, Jabez Gridley Sutherland
Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Jabez Gridley Sutherland
АуторJabez Gridley Sutherland
УредникJohn Lewis
Издање2
ИздавачCallaghan, 1904
Оригинал изУниверзитет у Мичигену
Дигитализовано27 јун 2012
Дужина1416 страница
  
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