A Treatise on the Rules which Govern the Interpretation and Construction of Statutory and Constitutional LawBaker, Voorhis & Company, 1874 - 692 páginas |
Dentro del libro
Resultados 1-5 de 85
Página xii
... Remedy , 609-617 , viz .: What is the Remedy ? 609 ; Stay Laws , 610 ; Exemption Laws , and Homestead Exemptions , 612 ; Arrest , 613 ; Statutes of Limitation , 613 ; Recording Acts , 614 ; Methods of Administering Justice , Procedure ...
... Remedy , 609-617 , viz .: What is the Remedy ? 609 ; Stay Laws , 610 ; Exemption Laws , and Homestead Exemptions , 612 ; Arrest , 613 ; Statutes of Limitation , 613 ; Recording Acts , 614 ; Methods of Administering Justice , Procedure ...
Página 30
... remedy is given by an affirmative statute , if a remedy pre- viously existed at common law , and is not prohibited by ex- press words , it is not taken away , but the party has his elec tion . Thus , it has been held in this country ...
... remedy is given by an affirmative statute , if a remedy pre- viously existed at common law , and is not prohibited by ex- press words , it is not taken away , but the party has his elec tion . Thus , it has been held in this country ...
Página 31
... remedy previously existing . * " The dif ferent operation of affirmative and negative statutes , " says Mr. * Bro . Parl . pl . 72 . ( a ) Affirmative implying a Negative . — If a thing is limited to be done in a partic- ular form or ...
... remedy previously existing . * " The dif ferent operation of affirmative and negative statutes , " says Mr. * Bro . Parl . pl . 72 . ( a ) Affirmative implying a Negative . — If a thing is limited to be done in a partic- ular form or ...
Página 47
... remedy applicable to any of the matters enumerated . Cusic v . Douglas , 3 Kans . 123. Conse- quently an execution on a judgment recovered before the adoption of the Constitution cannot be levied on a homestead exempted by the ...
... remedy applicable to any of the matters enumerated . Cusic v . Douglas , 3 Kans . 123. Conse- quently an execution on a judgment recovered before the adoption of the Constitution cannot be levied on a homestead exempted by the ...
Página 74
... remedy , by action on the case , to all who are aggrieved by the neglect of any duty created by law . And the general rule , that in every case where a statute enacts or prohibits a thing for the benefit of a person , he shall have a remedy ...
... remedy , by action on the case , to all who are aggrieved by the neglect of any duty created by law . And the general rule , that in every case where a statute enacts or prohibits a thing for the benefit of a person , he shall have a remedy ...
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Términos y frases comunes
act of Parliament action amended applied assessment Bank Barb bill charter citizens clause commissioners common law Commonwealth compensation Conn considered constitutional provision construction construed corporation decided decisions declared doctrine doubt duty Dwarris effect eminent domain enacted equity ex post facto exemption exercise existing express give grant guaranty held valid impairing the obligation imposed intention interpretation Iowa judges judgment judicial judiciary jurisdiction justice land language lative lature Legis legislative power Legislature limits Massachusetts matter Mayor meaning ment Minn municipal offence Ohio operation owner pari materia Parliament particular party passed penal penalty Penn person prescribed principle private property proceedings prohibition question railroad regard remedy repeal retrospective rule says Smith statute of limitations statutory strictly Supreme Court taken taxation tion trial by jury unconstitutional United vested rights violation Wend Wisc words York
Pasajes populares
Página 518 - 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.
Página 567 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from Justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states...
Página 439 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Página 125 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 512 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Página 479 - 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.
Página 536 - It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent, as the lot of humanity will admit.
Página 273 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Página 438 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Página 546 - Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.