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RETROSPECTIVE.

statutes not usually retrospective, 157

what statutes are not, 158, 159

vested rights of action not defeated, 159, 160

nor new rights created, 161

what statutes are, 162

what statutes are not properly called retrospective, 163, 164
operation given by express words, 165

operation in cases of practice or procedure, 166

REVIVAL.

statute not now revived by repeal of repealing statute, 309, 310
RIGHTS.

public or private rights not affected without express words,
47-49

cannot be enforced by indictment or action when same statute
confers a right and creates a remedy, 72

vested rights of action not defeated by retrospective legis-
lation, 159, 160

nor new rights created, 161

Acts taking away vested rights to be strictly construed, 244
granted by statutes may be kept alive after repeal, 348, 349

SAVING CLAUSE.

no real distinction between it and proviso, 300, 301
suggested distinction between them, 301, 302

cannot enlarge enacting words, 303

may delay repeal of statute as to pending proceedings, 343, 344

SCHEDULES.

where variance between Act and schedule, Act prevails, 306, 307
forms in schedules merely examples, 306, 307

but are sometimes imperative, 307, 308

forms in, do not effect a repeal of an earlier statute, 307, 342

SECTIONS.

statutes now divided into sections, 290, 291

all sections to be read together, 291

but not necessarily construed alike, 291

inconsistent sections to be reconciled if possible, 291, 292

difficulty of reconciling them, 292, 293

marginal notes no part of sections, 293, 294

general headings to groups of sections, 294-296

interpretation clause, 296-300

not followed strictly, 298

"include" used to extend, not define, 299, 300

SENTENCES

to be read grammatically in the order adopted by the framers
of a statute, 99, 117

SPECIAL STATUTES.

what are special statutes, 218, 221-223
how far they affect strangers, 220, 223, 224
are not repealed by general statutes, 330-332
this rule prevailed in early times, 332, 333
modern instances in support of it, 333

cases where special privileges are given, 334-337

not repealed by subsequent special statutes, 338

where they may be repealed by general statutes, 338-340

may repeal general statutes pro tanto, 340, 341

SPIRIT.

things must be within the spirit as well as the letter of penal
statutes, 249-253

STATUTE LAW

usually defined as lex scripta, 1

definition implies a certainty which does not exist, 2
causes of uncertainty of Statute Law, 2-8

1. Imperfection of language, 2, 3

2. Language and style of statutes themselves, 3, 4
Partly due to framers of statutes, 5

Partly to the Legislature, 6

3. Judicial interpretation, 7, 8

suggested definition of Statute Law, 8

distinction between legislative and judicial functions, 9

alterations in, when presumed, 21

from change of language, 21

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

STATUTES.

means by which national will is expressed, 8, 9

must be expressed by the three branches of the Legislature,
10, 11

meaning of the word statute, 10

what is and what is not a statute, 10, 11

what is authentic record of statutes, 12

erroneous declaration of law in statutes inoperative, 13

recitals of fact or law in statutes not conclusive, 14

declaration or recitals may alter the law, 15

how expounded by the judges, 23

STATUTES (continued).

judges cannot inquire how statutes were passed, 24

statutes against the law of God or natural justice formerly
held void, 25, 26

authority of. See AUTHORITY.

construction of. See CONSTRUCTION.

operation of. See OPERATION.

kinds of. See ANCIENT AND Modern, GENERAL AND SPECIAL,
PUBLIC AND PRIVATE, AFFIRMATIVE AND NEGATIVE, DE-
CLARATORY AND ENACTING, REMEDIAL AND PENAL, PARI
MATERIA, TEMPORARY STATUTES.

parts of. See TITLE, PREAMBLE, CLAUSES, SECTIONS, PRO-
VISOES, SAVINGS, EXCEPTIONS, SCHEDULES.

repeal of. See REPEAL.

STRICT CONSTRUCTION

of special powers given by statutes, 54

where new jurisdiction is conferred, 55

whether civil or criminal, 56

where matters of public interest are concerned, 57
where statute authorises an interference with private
property, 59

where bye-laws are made in pursuance of statutes, 61
where certificates are given in pursuance of statutes, 62
of special Acts giving power to companies, 222, 223, 245
of penal statutes, 243

what are penal statutes for this purpose, 243, 246

of interpretation clause, 246, 296, 297

what is strict construction, 246–248

close adherence to the letter of statutes, 249-253

cases not brought within the meaning of the statutes,
253-255

object of statute must not be defeated, 255-257

instances in which this rule has been followed, 258-260

STRANGERS.

how far bound by special statutes, 220, 223, 224

SUBJECT MATTER.

words to be read according to, 137, 141
general words restrained by, 175, 176

SUBSEQUENT CREATION.

operation of statutes extended to matters of, 166, 169
even in case of Penal Act, 168

SUPERIOR COURTS.

jurisdiction of, not taken away without express words, 42
whether jurisdiction is taken away by statutes giving jurisdic-
tion to justices of the peace or arbitrators, 45-47

statutes derogating from jurisdiction inherent in Superior
Courts to be construed strictly, 244

TAXES.

Acts imposing taxes to be strictly construed, 244, 248

TEMPORARY STATUTES.

what are, 269

distinction between them and repealed statutes, 269, 270
repeal by temporary statutes, 270

perpetual statute not rendered temporary if continued unneces-
sarily, 270, 271

THINGS DONE IN PURSUANCE OF A STATUTE.
meaning things intended to be done, 87

or things omitted, 91

if there is an honest belief that the things done are autho-
rised, 94

a reasonable belief not necessary, 96

but there must be some grounds for the belief, 97

TITLE.

question whether title part of a statute, 272, 273
mode in which it passes, 273

cannot restrict the effect of general language, 274

may show the intention of the Legislature, 274, 275

sometimes influences the construction of statutes, 275, 276
full title need not be cited, 277

USAGE.

evidence of contemporanea expositio, 143-146

must be uniform and general, 146

VENUE.

right of changing venue not taken away without express
words, 44

VOID.

acts which are void may be confirmed and rendered valid by
statute, 29

agreements contrary to the policy of statutes are void, 66
contracts in violation of statutes are void, 80

things declared void considered voidable only, 211

WHOLE

of each statute to be considered, 99, 108-111

WORDS

cannot be added to statutes, 52

all words to receive their full and proper meaning, 99, 117, 118
things within the words not within the purview, 101

object of judicial construction to ascertain the mind of the
Legislature as expressed in words, 102-104

to receive their natural meaning, even when it is doubtful if
that agrees with intention of Legislature, 105

may only be inserted to avoid manifest absurdity or repug-
nance, 118

instances in which they have been inserted, 118-120

instances of mistakes being corrected, 121

to have their ordinary grammatical meaning, 122

popular meaning, 122-124

unless technical meaning has been acquired, 124, 125
unless popular meaning at variance with proper meaning,
126, 127

always to receive reasonable meaning, 127-129

even though that not strictly accurate, 130

not to be read too literally, 131

read in wider sense than they usually bear, 131–134
in narrower sense, 134, 135

various meanings given to them, 135

even in the same Act, 136

to be read according to subject matter, 137–141

is their meaning affected by change of circumstances? 141

used for examples in ancient statutes, 215-217

ambiguous words in one Act explained by Act in pari materiâ,
263

enacting words may go beyond the preamble, 280, 282
but are sometimes restrained by it, 284, 285, 289
are sometimes extended by it, 289, 290

cannot be enlarged by proviso or saving clause, 303

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