Lapas attēli
PDF
ePub
[merged small][ocr errors][merged small][ocr errors]

AND THE PROPER BOUNDARIES OF LEGISLATION AND

OF JUDICIAL INTERPRETATION.

BY SIR FORTUNATUS DWARRIS, KNT.,

B., OXFORD, F. B. 8., F. 8. A.

WITH AMERICAN NOTES AND ADDITIONS,

AND WITH

NOTES AND MAXIMS OF CONSTITUTIONAL AND OF

STATUTE CONSTRUCTION.

ALSO

A TREATISE ON CONSTITUTIONAL LIMITATIONS UPON THE

NATIONAL AND STATE LEGISLATIVE POWER;

WITH A CHAPTER ON

PARLIAMENTARY LAW AND PARLIAMENTARY PRIVILEGES

BY PLATT POTTER, LL. D.,
OM OF THE JUSTICES OF THE SUPREME COURT OF THE

STATE OF NEW YORK.

"Optiona est lece que minimura ruinquit orbitrio judicis, optiquis judor gri minimum sibe"

- Aphorism, '46, Bacon's Works, vol vii, p. 148.

ALBANY:
WILLIAM GOULD & SON,
LAW BOOK8 BIL E'RS AND PUBLISHERS

1835.

& socording to act of Congress, in the year one thousand eight hundred and seventy-ong

BY WILLIAM GOULD & SONS,
in the office of the Librarian of Congress at Washington.

PREFACE.

THE republication of the Treatise of "Dwarris on Statutes," requires no apology. It is a standard work of the highest authority, acknowledged by all the courts of this country, as well as in England. It was out of print; could not be supplied at any price, though greatly demanded. No law library, can be regarded as complete, without it. Indeed, the student, who desires to possess a fair knowledge of the jurisprudence of the state and nation of which the statute law forms so striking and material a portion, will remain deficient in the necessary qualifications for an honorble profession, if found wanting in the proper knowledge which this work supplies, of the recognized parts and divisions of statutes, and of the different rules of construction and interpretation by which the different characters of statutes are governed. An applicant for admission to the bar of the state, or nation, should be debarred, who shall have advanced no further in the science of the law, than to suppose the rule of interpretation of all statutes was one uniform rule; that a remedial and a peval statute were to be construed alike; or who could not answer to the distinctions between, prospective and retrospective, public and private, enabling and disabling, enlarging and restraining, affirmative and negativ » statutes, and to the various other known divisions, as well as of the particular rules of construction applicable to each division; and, as applicable also to the various parts of the same stature to the title; the preamble; the enacting part; the clauses; provis and exceptions; and to the effect which each part bears upon the whole, and upon its construction. This treatise may therefore be regarded as elementary, and the necessary complement to the professional life of the lawyer.

« iepriekšējāTurpināt »