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CHAPTER I.
STATUTES AND STATUTE LAW.
PAGE
.
Statute Law: usual definition
1
Implies that Statute Law is certain
Causes of its uncertainty
2
1. Imperfection of language
2. Language and style of statutes themselves . 3
How far due to the framers of statutes 5
How far to the Legislature
6
3. Judicial interpretation
7
Statute Law: suggested definition
8
Distinction between legislative and judicial functions
9
What is a statute
10
What is authentic record of statutes
12
Legislature is presumed to know the law
12, 13
Effect of erroneous declaration of law
13
Effect of recitals .
14
May alter the law
15
Legislature is presumed to know the construction put upon
statútes by the Courts
By earlier Parliaments.
Such construction recognised by implication
18
Legislature not presumed to make unnecessary alteration in
Common Law .
19
Alterations in Statute Law more readily presumed
21
Judicial functions
23
Not to supply deficiencies
24
Not to inquire how statutes were passed
This rule has not always been recognised
25
Ancient theories of judicial supremacy
As to statutes made against the Law of God.
Against natural justice.
26
Modern refutations of that theory
16
17
CHAPTER II.
THE AUTHORITY OF STATUTES.
32
Authority of statutes the highest known to the law
28
What can be done by statutes
Authority extends over the whole realm and to everybody
within it
30
Everybody presumed to know Statute Law .
No prescription against a statute.
31
Equity cannot relieve against a statute
But authority of statutes is confined to its own province
Cannot alter the course of nature
Does not extend beyond limits of this country
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
Express words needed to bind the Crown
In what cases the Crown is not bound unless named 37
When the Crown is bound by necessary implication 39
When the Crown is bound though not named
40
Express words needed to take away jurisdiction of superior
Courts
42
To take away writ of certiorari
tiorar
43
To give an appeal
To take away right of changing venue
44
Decisions as to the creation of exclusive jurisdictions
Express words needed to affect public or private rights. 47
When authority of statutes is extended by implication
49
When not.
52
Authority must be strictly followed
54
Where a new jurisdiction is conferred
55
Where matters of public interest are concerned
57
Where statute authorises interference with private property 59
When bye-laws are made in pursuance of statutes .
61
When certificates are given in pursuance of statutes 62
The authority of statutes cannot be evaded .
64
Agreements contrary to policy of statutes void
66
But it is difficult to decide what is an evasion
45
68
69
70
72
74
76
77
80
Evasion in the popular sense is not intended
Responsibility imposed by statutes cannot be shifted
How the authority of statutes may be enforced
1. Directly
By indictment
By action
Exception to rule where statute which confers a right
creates the remedy
The right and remedy must be created by the same
statute
and by the same part of the statute
and must be co-extensive.
2. Indirectly
Contracts made in violation of statutes declared void
Actions cannot be brought upon contracts in viola-
tion of statutes
But where penalties are imposed for protection of
the revenue only, no prohibition is implied
Cases in which contracts themselves are not avoided
Protection given by statutes to those who act under their
authority
To what persons it is given.
Justices of the peace
Constables and other officers
Persons executing public works
In cases of omission
To what persons the protection is not given.
There must be an honest belief that the acts done are
authorised
Reasonable belief not necessary
There must be some grounds for such belief.
81
83
85
87
88
89
91
92
94
96
97
CHAPTER III.
THE CONSTRUCTION OF STATUTES.
General Rule of Construction
To ascertain the intention of the Legislature.
99
Intention is not to be guessed at .
103
Not to be inferred from external evidence
105
But the previous state of the law to be remembered 107
Rules in Heydon's case .
108
The whole Act to be considered .
The "golden rule” for the construction of statutes
111
Followed by most of the judges
112
To what extent it prevails
114
Consequences are not to be regarded
116
Sentences to be read grammatically
117
Effect to be given to all the words of the statute .
Instances in which words have been inserted
118
Instances in which mistakes have been corrected
121
Meaning of words
Ordinary grammatical meaning
122
Popular meaning
Unless technical meaning has been acquired
124
Unless popular meaning at variance with proper
meaning.
126
Words always to receive a reasonable meaning
127
Even though that meaning is not strictly accurate
130
Words not to be read too literally
131
Words read in a wider sense than they usually bear 131
Words read in a narrower sense than they usually bear. 134
Various meanings given to words
135
In the same Act.
136
Words to be read according to subject matter
137
Is the meaning of words affected by a change of circumstances? 141
Exception to the general rule of construction
141
Where language is doubtful.
142
Look to contemporanea cor positio .
Evidenced by unbroken usage
143
Usage must be uniform and general
146
Evidenced by judicial decisions
147
Convenience or expediency.
151