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for these fees, and obtained judgment; but while an appeal to the Supreme Court was pending, the Californian Act was repealed.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it has been decided that an action for penalties could not be sustained when the statute inflicting the penalties was repealed before judgment (k); nor an action for the recovery of money paid in violation of law, where the statute giving a right to recover money so paid was repealed in the course of the proceedings (7).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 and same part of statute, 76, 77 and are co-extensive, 77, 79 does it lie where statute creating a right gives penalty to does not lie where different mischief suffered from that aimed cannot be brought on contract in violation of statutes, 81 unless penalties are imposed for the protection of the notice of action to be given to justices and others who are pro- AFFIRMATIVE AND NEGATIVE STATUTES. or alter the Common Law, 225, 226 affirmative words are not imperative, 226 negative words are, 227 except in declaratory Acts, 229, 230 affirmative words do not repeal earlier statutes, 326-328 ALTERATION of Common Law not readily presumed, 19-21 from change of language, 21 from re-enactment of former provisions in different lan- 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 extension by equity most common in ancient statutes, 239- rule as to Acts in pari materiá most appropriate in case of 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 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 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 AUTHORITY OF STATUTES (continued) where new jurisdiction is conferred, 55 whether civil or criminal, 56 where matters of public interest are concerned, 57-59 when bye-laws are made in pursuance of statutes, 61 when certificates are given in pursuance of statutes, 62 cannot be evaded, 64 agreements contrary to the policy of statutes are void, 66 evasion in popular sense not intended, 68 responsibility imposed by statutes cannot be shifted, 68, 69. 1. Directly, 69 by indictment, 69 by action, 70 not where statute which confers right creates if right and remedy created by same statute, 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 unless penalties are imposed for the protection cases in which contracts themselves are not avoided, protection given by statutes to those who act under their to what persons it is given, 87, 88 justices of the peace, 88, 89 constables and other officers, 89, 90 in cases of omission, 91 to what persons protection is not given, 92-94 there must be honest belief that acts done are authorised, reasonable belief not necessary, 96, 97 but there must be some grounds for such belief, 97, 98 A A |