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 in cases of practice or procedure, 166 REVIVAL. statute not now revived by repeal of repealing statute, 309, 310 public or private rights not affected without express words, cannot be enforced by indictment or action when same statute vested rights of action not defeated by retrospective legis- nor new rights created, 161 Acts taking away vested rights to be strictly construed, 244 SAVING CLAUSE. no real distinction between it and proviso, 300, 301 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 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 SPECIAL STATUTES. what are special statutes, 218, 221-223 cases where special privileges are given, 334-337 not repealed by subsequent special statutes, 338 where they may be repealed by general statutes, 338-340 may repeal general statutes pro tanto, 340, 341 SPIRIT.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 STATUTE LAW usually defined as lex scripta, 1 definition implies a certainty which does not exist, 2 1. Imperfection of language, 2, 3 2. Language and style of statutes themselves, 3, 4 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 STATUTES. means by which national will is expressed, 8, 9 must be expressed by the three branches of the Legislature, 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 authority of. See AUTHORITY. construction of. See CONSTRUCTION. operation of. See OPERATION. kinds of. See ANCIENT AND Modern, GENERAL AND SPECIAL, parts of. See TITLE, PREAMBLE, CLAUSES, SECTIONS, PRO- 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 bye-laws are made in pursuance of statutes, 61 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, 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 SUBSEQUENT CREATION. operation of statutes extended to matters of, 166, 169 SUPERIOR COURTS. jurisdiction of, not taken away without express words, 42 statutes derogating from jurisdiction inherent in Superior TAXES. Acts imposing taxes to be strictly construed, 244, 248 TEMPORARY STATUTES. what are, 269 distinction between them and repealed statutes, 269, 270 perpetual statute not rendered temporary if continued unneces- THINGS DONE IN PURSUANCE OF A STATUTE. or things omitted, 91 if there is an honest belief that the things done are autho- 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 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 USAGE. evidence of contemporanea expositio, 143-146 must be uniform and general, 146 VENUE. right of changing venue not taken away without express VOID. acts which are void may be confirmed and rendered valid by agreements contrary to the policy of statutes are void, 66 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 object of judicial construction to ascertain the mind of the to receive their natural meaning, even when it is doubtful if may only be inserted to avoid manifest absurdity or repug- 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 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 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, enacting words may go beyond the preamble, 280, 282 cannot be enlarged by proviso or saving clause, 303 |