A General Treatise on Statutes: Their Rules of Construction, and the Proper Boundaries of Legislation and of Judicial InterpretationW. Gould, 1885 - 693 lappuses |
No grāmatas satura
6.–10. rezultāts no 38.
156. lappuse
... Wend . 329 . If the latter part of a statute is repugnant to the former part , it shall stand , and so far as it is repugnant , shall operate as a repeal of the former part . So if there are two statutes on the same subject which are ...
... Wend . 329 . If the latter part of a statute is repugnant to the former part , it shall stand , and so far as it is repugnant , shall operate as a repeal of the former part . So if there are two statutes on the same subject which are ...
163. lappuse
... Wend . 362 ; Van Rensselaer v . Livingston , 12 id . 490. Indeed some of the cases have gone even farther than this , and hold , that where vested rights are in question , that even express words in a statute giving in terms a ...
... Wend . 362 ; Van Rensselaer v . Livingston , 12 id . 490. Indeed some of the cases have gone even farther than this , and hold , that where vested rights are in question , that even express words in a statute giving in terms a ...
184. lappuse
... , without resorting to subtle and forced construction for the purpose of either limiting or extending their operation . Waller v . Harris , 20 Wend . 561-2 . ! Nor is this an antiquated doctrine : it is 184 QUALIFIED INTERPRETATION .
... , without resorting to subtle and forced construction for the purpose of either limiting or extending their operation . Waller v . Harris , 20 Wend . 561-2 . ! Nor is this an antiquated doctrine : it is 184 QUALIFIED INTERPRETATION .
193. lappuse
... Wend . 561-2 ; Story const . § 392. The na tural import of the words of any statute , according to the common use of them when applied to the subject - matter of the act , is to be considered as expressing the intention of the ...
... Wend . 561-2 ; Story const . § 392. The na tural import of the words of any statute , according to the common use of them when applied to the subject - matter of the act , is to be considered as expressing the intention of the ...
203. lappuse
... Wend . 397 . Statutes tending to effect an object of great public utility , ought to receive the most liberal and benign interpretation , in accordance with the maxim ut res magis valeat quam pereat . Baring v . Erdman , Hazards Penn ...
... Wend . 397 . Statutes tending to effect an object of great public utility , ought to receive the most liberal and benign interpretation , in accordance with the maxim ut res magis valeat quam pereat . Baring v . Erdman , Hazards Penn ...
Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
act of parliament action adopted applied arrest authority Barb citizen civil claim clause committed common law congress Const constitution construction construed contract court courts of equity criminal declared defendant doctrine doubt duty effect eminent domain enacting enacting clause equity established execution exercise existing express extend give habeas corpus held house of commons individual Inst intention interpretation judges judgment judicial judiciary jurisdiction jury justice land legislative power legislature liberty limited Lord Lord Coke Lord Denman Lord Ellenborough Lord Tenterden matter Mayor meaning ment nature object offence opinion particular party passed penalty person possess preamble principles private property privilege proceedings prohibited protection provisions punishment purpose question reason regarded regulated remedy repeal repugnant restrain rule rule of construction says sense sovereign stat statute supreme taken taxation thing tion trial United void Wend words writ
Populāri fragmenti
365. lappuse - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
557. lappuse - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
469. lappuse - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
364. lappuse - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
365. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
168. lappuse - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
428. lappuse - That government can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
44. lappuse - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
397. lappuse - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
494. lappuse - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war...