Statutes and Statutory Construction

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Callaghan and Company, 1904 - 1416 lappuses

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Saturs

Miscellaneous acts relating to municipal corporations
152
CHAPTER IV
180
Misleading titles
212
Statutes requiring majority vote 716 Words and provisions relating to time and its computation 717 Statutes relating to appeals writs of error etc 718 ...
224
Criminal laws
227
Conflicting petitions for the organization of territory and the like
233
Repeal by implication Particular acts construed Acts re lating to the liquor traffic
259
Acts relating to counties and county seats
274
Acts relating to schools school districts and education
275
Acts relating to offices and officers
277
Acts relating to irrigation drainage levees and the like
280
Acts relating to roads bridges ferries
281
Acts relating to courts and judicial practice and proceedings 159 Acts relating to probate law and the descent and distribution of property
285
Acts relating to elections
286
Acts relating to taxation and revenue
287
Curative acts and provisions
290
Acts relating to intoxicating liquors
291
Pure food laws
293
Acts relating to gaming poolselling etc 166 Acts relating to fish game
294
Acts relating to crimes in general
295
Acts relating to convicts and penal institutions
296
Miscellaneous cases in which acts were held to conform to the constitution as to title
298
Miscellaneous cases in which acts were held not to conform to the constitution as to title
301
Miscellaneous points as to titles
306
CHAPTER V
308
Acts of parliament formerly took effect from the first day of the session
310
The actual date of passage adopted in this country 175 The legislature may fix a future day for an act to take effect
311
Constitutional provisions regulating the time of acts taking effect Emergency clause
313
Where the constitution requires the legislature to fix the time
315
Taking effect on publication
316
The precise time of taking effect Fractions of a day 180 Acts approved on the same day 181 Time of taking effect Miscellaneous cases
322
When act provides for things to be done before it takes effect
323
Meaning of words now heretofore hereafter from and after the passage of this act
324
184187 Computation of time wheu an act is to take effect in a speci fied number of days
326
When Sundays are included or excluded
333
The constitutional requirements 190 The constitutional provisions mandatory
338
When a general law on the subject is in existence
340
Local and special laws valid if not forbidden
342
Peculiar provision in South Carolina 194196 What are general laws General principles
344
What are laws of a general nature
354
The uniform operation of laws of a general nature
355
Special and local laws 200 Whether act general or special General principles Not a question of form
358
Acts whose operation is dependent upon local adoption Ef fect of limit of time for adoption
360
Class legislation
363
Classification of subjects for legislation General principles 201 Classification of municipalities according to population Cali fornia
371
Same Minnesota 205 Same Missouri
372
Same New Jersey
376
Same Ohio
381
Same Pennsylvania
382
Words disregarded or eliminated
384
Same Other states
385
Municipalities under special charters
392
Other classification of municipalities or for municipal purposes 214 Classification based on existing or past conditions
397
Validity of class not dependent upon number Classes of one or a few
398
Evasive classification Examples
401
cases
407
Requisites of amendatory
432
Constitutional provisions in Georgia Nebraska and Tennessee
434
Amendment of repealed or oid act or section 234 Effect of second amendment of section which ignores prior amendment
439
When section subdivided into clauses or paragraphs 236 Discrepancy between amendment specified and section as amended
440
Effect of amendment so as to read as follows
441
Repeal and reenactment Construction and effect
445
Amendments by implication not within the constitutional re quirement Acts complete in themselves
446
Whether act amendatory within the constitutional provision Illustrations
449
Miscellaneous cases and questions in regard to amendatory acts
451
Revival of law 243 Constitutional provisions against adopting or extending
453
provisions of a
455
CHAPTER VIII
456
Repealing effect of an unconstitutional statute
457
Modes of repeal Express or implied Effect of disuse 247 Repeals by implication General rules Same not favored
461
Acts held not to impair contracts
467
Negative and affirmative statutes
470
Repealing effect of affirmative statutes conferring power and regulating its exercise
472
New grant of part of power already possessed
475
251253 Repealing effect of new statutes changing criminal laws
480
Statutes granting larger or different power or right
487
Repeal by radical change of leading part or system
490
Effect of clause repealing all acts and parts of acts inconsistent with new
491
Effect of repeal of statute adopted by reference
493
Same Acts relating to courts jurisdiction practice proced ure
498
Same Acts relating to officers their election appointment removal fees compensation
500
Same Acts relating to municipal corporations
502
Same Acts relating to revenue taxation bonds assessments
503
Same Acts relating to married women
505
Same Acts relating to the limitation of actions 266 Same Miscellaneous cases
508
Repeals by implication avoided if possible
510
Acts passed at same session Provisions in same
513
Repeal by revision
515
As a general rule whatever is excluded from the revised act is repealed
519
Apparent exceptions to the general rule Effect of express re peal of inconsistent acts and parts of acts
522
As a rule general laws will not impliedly repeal those which are special or local
526
The question is one of intent
533
Illustrations Local and special acts held to be repealed by general acts
534
Illustrations Local and special acts held not to be repealed by general acts
535
Effect of constitutional provisions requiring general laws and laws of uniform operation upon repeal of special by general laws
538
What is the later law which is potent to repeal
540
Effect where different statutes are incorporated into a revision 282 Effect of repeal in general
544
Effect on inchoate rights
545
Effect on vested rights
546
Effect on powers jurisdiction and pending proceedings
550
Effect of repeal of a penal statute
554
Saving clauses and general saving statutes
557
Revival by repeal of repealing statute
561
Constitutional provisions as to repeals 290 Repeal by constitution
566
An act to repeal a void
567
Construction of express repeals
568
Retrospective laws
576
General statement of the subject
582
Mines 225 Sunday laws 226 Allowing plaintiff an attorneys
585
CHAPTER
591
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181. lappuse - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
182. lappuse - To avoid Improper Influences which may result from Intermixing In one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed In the title.
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54. lappuse - Governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to reconsider it.
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