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vested, and could not be affected by the repealing statute (h). A similar decision was pronounced by a majority of four out of seven judges in the Supreme Court of the United States. An Act of the State of California gave a pilot a right to half pilotage fees if he spoke a vessel, and his services were declined. A pilot had brought an action for these fees, and obtained judgment; but while an appeal to the Supreme Court was pending, the Californian Act was repealed. It was held, however, that the pilot's right had vested, and could not be affected by any repeal (i). Other American cases follow the bulk of English precedents. Thus it has been decided that an action for penalties could not be sustained when the statute inflicting the penalties was repealed before judgment (k); nor an action for the recovery of money paid in violation of law, where the statute giving a right to recover money so paid was repealed in the course of the proceedings (7). Where a person was convicted of the offence of selling without a licence a less quantity of spirits than twenty-eight gallons, and before judgment an Act was passed altering the penalty, and reducing the minimum quantity of spirits to fifteen gallons, it was held that as the two Acts were inconsistent, and the second operated as a repeal of the first, judgment must be arrested (m).

(h) Restall v. L. & S. W. Rail. Co., L. R. 3 Ex. 141; which, however, was dissented from by the Court of Queen's Bench in Butcher v. Henderson, L. R. 3 Q. B. 385, as inconsistent with Morgan v. Thorne. (i) Steamship Co. v. Joliffe, 2 Wallace, 450.

(k) Norris v. Crocker, 13 Howard, 429.

(1) Kimbro v. Colgate, 5 Blatchf. C. C. R. 229.

(m) Commonwealth v. Kimball, 21 Pickering, 373.

INDEX.

ABSURDITY.

language may be modified to avoid absurdity, 112, 113

ACTION.

remedy by action when taken away, 46, 47

authority of statutes may be enforced by action, 70

except where right and remedy created by same statute
72, 76

and same part of statute, 76, 77

and are co-extensive, 77, 79

does it lie where statute creating a right gives penalty to
common informer? 79

does not lie where different mischief suffered from that aimed
at by the statute, 79

cannot be brought on contract in violation of statutes, 81

unless penalties are imposed for the protection of the
revenue only, 83, 85

notice of action to be given to justices and others who are pro-
tected by statute, 87, 90

AFFIRMATIVE AND NEGATIVE STATUTES.
accuracy of this classification questioned, 225
affirmative Acts do not take away customs, 225

or alter the Common Law, 225, 226

affirmative words are not imperative, 226
except in enacting statutes, 228, 229

negative words are, 227

except in declaratory Acts, 229, 230

affirmative words do not repeal earlier statutes, 326-328
unless they introduce a new law, 328-330

ALTERATION

of Common Law not readily presumed, 19-21
of Statute Law when presumed, 21

from change of language, 21

from re-enactment of former provisions in different lan-
guage, 21-23

of penalty effecting repeal of a statute, 322-324

of description of offence repealing a statute, 323

ANCIENT AND MODERN STATUTES.

Statutes divided into ancient and modern, 213, 214

greater latitude allowed in construing ancient statutes, 214, 215
words used for examples in ancient statutes, 215—217
scarcely ever in modern statutes, 217

extension by equity most common in ancient statutes, 239-
242

rule as to Acts in pari materiá most appropriate in case of
ancient statutes, 261

APPEAL.

not given without express words, 43

AUTHORITY OF STATUTES.

highest known to the law, 28

what can be done by statutes, 28-30

authority extends over the whole realm, 30

confined to its own province, 31

cannot alter the course of nature, 31

does not extend beyond the limits of this country, 32
does not extend to foreign things, 33

does not bind future Parliaments, 34

does not extend to impossibilities, 35

limited by the necessity of using express words, 36

to bind the Crown, 36, 37

in what cases the Crown is not bound unless named, 37-39
when the Crown is bound by necessary implication, 39
when the Crown is bound though not named, 40-42
express words needed to take away jurisdiction of Superior
Courts, 42

to take away writ of certiorari, 43

to give an appeal, 43

to take away right of changing venue, 44

to affect public or private rights, 47-49

when extended by implication, 49-52
when not so extended, 52-54

AUTHORITY OF STATUTES (continued)
must be strictly followed, 54

where new jurisdiction is conferred, 55

whether civil or criminal, 56

where matters of public interest are concerned, 57-59
where statute authorises an interference with private pro-
perty, 59-61

when bye-laws are made in pursuance of statutes, 61

when certificates are given in pursuance of statutes, 62
-64

cannot be evaded, 64

agreements contrary to the policy of statutes are void, 66
difficult to decide what is an evasion, 66-68

evasion in popular sense not intended, 68

responsibility imposed by statutes cannot be shifted, 68, 69.
how authority may be enforced, 69

1. Directly, 69

by indictment, 69

by action, 70

not where statute which confers right creates
remedy, 72, 73

if right and remedy created by same statute,
74-76

and same part of statute, 76, 77

and are co-extensive, 77-79

2. Indirectly, 80

contracts in violation of statutes void, 80

actions cannot be brought on contracts in violation
of statutes, 81

unless penalties are imposed for the protection
of the revenue only, 83-85

cases in which contracts themselves are not avoided,
85-87

protection given by statutes to those who act under their
authority, 87

to what persons it is given, 87, 88

justices of the peace, 88, 89

constables and other officers, 89, 90
persons executing public works, 91

in cases of omission, 91

to what persons protection is not given, 92-94

there must be honest belief that acts done are authorised,
94-96

reasonable belief not necessary, 96, 97

but there must be some grounds for such belief, 97, 98

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