О овој књизи
Књиге на Google Play-у
STATUTES AND STATUTE LAW.
Statute Law: usual definition
Implies that Statute Law is certain.
Causes of its uncertainty
1. Imperfection of language.
2. Language and style of statutes themselves
How far due to the framers of statutes
How far to the Legislature
3. Judicial interpretation
Statute Law suggested definition
Such construction recognised by implication
Legislature not presumed to make unnecessary alteration in
As to statutes made against the Law of God.
Against natural justice.
Modern refutations of that theory
THE AUTHORITY OF STATUTES.
Authority of statutes the highest known to the law
What can be done by statutes
Authority extends over the whole realm and to everybody
Everybody presumed to know Statute Law
No prescription against a statute.
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
Does not bind future Parliaments
Does not extend to impossibilities
Limited by the necessity of using express words
Express words needed to bind the Crown
In what cases the Crown is not bound unless named
When the Crown is bound by necessary implication
When the Crown is bound though not named
Express words needed to take away jurisdiction of superior
To take away writ of certiorari
To give an appeal
To take away right of changing venue
Decisions as to the creation of exclusive jurisdictions
Express words needed to affect public or private rights.
When authority of statutes is extended by implication.
Authority must be strictly followed
Where a new jurisdiction is conferred
Where matters of public interest are concerned
Where statute authorises interference with private property
When bye-laws are made in pursuance of statutes .
When certificates are given in pursuance of statutes
The authority of statutes cannot be evaded.
Agreements contrary to policy of statutes void
But it is difficult to decide what is an evasion
Evasion in the popular sense is not intended
Responsibility imposed by statutes cannot be shifted
How the authority of statutes may be enforced
Exception to rule where statute which confers a right
creates the remedy
The right and remedy must be created by the same
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
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
General Rule of Construction
To ascertain the intention of the Legislature.