網頁圖片
PDF
ePub 版
[blocks in formation]

OPINION OF ANCIENT WRITERS ON SOVEREIGNTY, 239.
"OR."

how construed, 732.

Р

PALEY'S VIEW OF THE NATURE OF GOVERNMENT, 236.
PARI MATERIA STATUTES, 751.

acts of the same legislature, 755.

definition of, 751.

exception of specific things out of general, 766.

object of considering them, 655.

one part of a statute by another, 761.

public statutes in pari materia relating to distinct and independent
subjects, 659.

statutes dictated by some policy, why considered together, 757.
statutes continued and clauses added, 758.

the nature of, 751.

the object of, 753.

two acts passed at same time and relating to same subject, 752.

what are statutes in pari materia, 751.

when other parts of a statute to be considered, 763.

when general words are inconsistent with particular, 764.

when one section is a stranger to others, 770.

when words are susceptible of two meanings, are used in one part
generally, in another in a particular sense, 769.

PARLIAMENT.

constituent parts of, 40, 41.

how summoned, 33.

omnipotence, 243 to 258.

origin of, 30, 31.

powers of, 243.

restrained by public opinion, 255.

PENAL STATUTES.

construction of, 854 to 878.

construed strictly, not enlarged by implication, 874 to 878.

construction not to be so strict as to defeat intent, 864.

courts not excluded from intent, 861.

equitable construction of, 839 to 853.

general words follow particular cases, 855.

PENAL STATUTES.-Contined.

general words, how restrained, 855.
in derogation of common right, 857.

in defining facts and punishments, 855.
in favor of particular persons, 859.

not to be construed as affecting rights of others, 857.
illustration of preceding rules, 862, 866, 868, 870, 872, 873.

to be taken strictly or literally, 855.

illustration of rule, 856, 857, 859, 862, 866.

Marshall's view of the rule, 865.

reason why not extended by construction, 861.

what are such statutes, 854,

what is meant when it is said they are to receive a strict construc-

tion, 861.

when construed equitably, 839, 860.

PENNSYLVANIA.

bill of rights of, 146 to 151.

legislature of, 145.

PERSIANS.

character of government of, 17 to 19.
PLATO'S VIEW OF GOVERNMENT, 5.
POWERS OF CONGRESS, 312.

as to direct taxes, 318,

borrow money, 318.

coin money, 353.

constitute courts, 357,

declare war, 357.

exercise exclusive legislation, 358.

make laws, 363.

organize the army, 358.

over naturalization and bankruptcy, 351 to 353.

over post offices and post roads, 356.

punish for counterfeiting coin, 353.

piracies, 357.

promote the arts and sciences, 357.
regulate commerce, 326.

taxes, 321.

POWERS OF LEGISLATURE,

independent of constitution, 236 to 309.

judicial power of, 500 to 517.

to grant an appeal, 518.

to grant a review, 521.

PREAMBLE,

when considered, and its influence in construction, 618, 700-709.
PREDESTINATED INTERPRETATION,

what, 603.

PRIVATE PROPERTY FOR PUBLIC USE, 466 to 500.
can only be taken for public use, 478 to 486.

private purpose, what, 419.

public purpose, what, 418.

PROOF OF THE EXISTENCE OF STATUTES, 935 to 953.
ancient doctrine, 935, 936.

act in secretary's office, 943 to 953.

journal of houses, how far evidence, 943 to 953.

statute books printed by authority, when evidence, 936 to 940.
cases under two-third bills in New York reviewed, 943 to 953.
of foreign statutes and laws, 941 to 943.

PROVISO.

how construed, 712.

PUBLIC PURPOSE.

what, 418.

PUBLIC AND PRIVATE ACTS.

public acts, judicial notice taken of, 913, 915 to 917.
definition of, 913.

when deemed public general acts, 913.

what acts are public, 913.

concerning government, 913.

concerning public officers, 913.

concerning whole spirituality, 913.

concerning trade in general, or any specific trade, 913.

concerning all subjects, 913.

concerning all persons generally, though relating to speci

fic things, 913.

private acts recognized in publie acts, 914, 922 to 924.
public general acts, 914.

public local acts, 914,

definition of public general and public local acts. 914.

concerning or affecting the government, 918, 920.

concerning public revenue, 925.

need not be applicable to all parts of the state, 917.

regards the whole community, 917.

containing provisions of a private nature with penalty to

the state, 918.

illustration of latter rule, 918, 920.

turnpike acts, 920.

bank corporations, 921.

prescribing limits of towns and counties, 924, 925.

relating to and affecting co-ordinate departments of govern-
ment, when enacted in reference to a particular lo-
cality, 926.

made public by express enactment, 927.

when construed as other private acts, 927.

bind all persons, 929.

when construed by other statutes in pari materia, 93.

PUBLIC AND PRIVATE ACTS.-Continued.

private acts, definition of, 913.

concerning particular species, or things, or persons, 914.
relating to divers particular species, things, or persons, 914.
private local acts, 914.

construed as other private acts, though made public by ex-

press enactment, 927.

do not bind or affect strangers or persons not named in
them, stand on footing of other private contracts, 931.
not binding on parties until accepted, 932.

exceptions to rule that they do not bind, those not named,

933.

not to be construed by other acts in pari materia, 933.
possess no additional weight by being declared public, 927.

PUBLIC USE OF POPERTY,

what, 499.

PUFFENDORF'S VIEW OF SOVEREIGNTY, 242.
PURVIEW OF AN ACT, 709.

Q

QUALITIES OF STATUTES, 594 to 599.

R

RATIONAL INTERPRETATION, 604.
REGULATION OF COMMERCE,

what, 326 to 351.

REPEAL OF STATUTES, 879 to 912.

directing mode of prosecution by special act, and then general on

same subject, 899.

effect of a repeal of a jurisdictional act, 887.

effect of upon rights acquired under a statute, 895.

effect of upon rights acquired by gift under statute, 896.

effects of upon rights acquired by acts done in violation of it, 896.

effect of repeal generally, 890.

effect of acts changing nature of estates, 882.

effect of revision upon former remedies, 880.

effect of on vested civil rights, 881, 882.

effect of upon inchoate rights, 881.

effect of repeal upon penalties created or given, 892.

effect of upon statutes restraining rights, 896.

effect of upon statutes giving rights, 896.

effects of repeal of repealing acts, 909.

exceptions to rule that subsequent act repeals former ones, 905.

by giving an increased penalty, 899.

by giving a penalty to persons generally, and subsequents acts giving

REPEAL OF STATUTES-Continued.
it to party injured, 898.

if both may they shall stand together; 879.

illustrations of rules, as to effects of repeal upon rights, 882, 883,

891, 892.

by not annulling a right, but giving same right to another, 902.

not to be by implication, 879.

positive enactments not to interfere with pre-existing contracts, 879.
proviso saving repeal, 903.

qualification of rule that when two acts conflict the latter repeals the
former, 879.

revising a statute to take effect at a future day, 902, 903.

revising act embracing all provisions of former act, 904.

revising common law, 904.

revising act omitting part of act revised, 903.

repeal by non-user not allowed, 908.

repeals not favored in law, 879.

rules of civil law respecting contrarient laws, 909 to 912.
subsequent act controlling former, 905.

statutes modifying a remedy, 881.

suspension of a statute for limited time not a repeal, 906.

when an act enacted in same term as former act is no repeal of an-

other by implication, 898.

when general provisions made in particular acts passed subsequent
to general acts, 900, 901.

when it imposes a new penalty repeals by implication a different
penalty, 896.

when one act grants a right and subsequent one gives a penalty
880.

when one act gives a penalty and another gives a different one

896.

when one act gives a right and a subsequent one gives a forfeiture
880.

when one action substituted for another, 880.

when not manifest intent former act not to control latter, 879.
when two acts contrarient latter repeals former, 879.

RESTRICTIONS ON LEGISLATIVE POWER, 310.
RESTRICTIONS UPON POWERS OF CONGRESS, 364.
RESTRICTIONS UPON STATE LEGISLATURE, 376.
RESTRICTIVE INTERPRETATION, 608.

nature of, 608.

RETROSPECTIVE LAWS,

can legislature legitimately pass them, 289 to 309.
conclusions upon the subject, 306.

constitutionality of, 408, 530 to 550.

definition of, 289.

doctrine of civil law, 297.

« 上一頁繼續 »