A Commentary on the Interpretations of Statutes |
From inside the book
Results 1-5 of 90
Page 3
... intention on a question to which it gives rise , and on which some intention must necessarily be imputed to the Legislature , the interpreter has to determine it by inference grounded on certain legal principles . An Act , for instance ...
... intention on a question to which it gives rise , and on which some intention must necessarily be imputed to the Legislature , the interpreter has to determine it by inference grounded on certain legal principles . An Act , for instance ...
Page 4
... intention of the Legislature ( a ) . is said that the fixed technical meaning of a word must be given to it when used in a statute , unless the context shows an intention to use it in a different sense ; whilst , under a similar ...
... intention of the Legislature ( a ) . is said that the fixed technical meaning of a word must be given to it when used in a statute , unless the context shows an intention to use it in a different sense ; whilst , under a similar ...
Page 6
... intention of Congress in this particular undefined . " ] 16 4. Language admitting of only one meaning . - When , indeed , the language is not only plain but admits of but one meaning , the task of interpretation can hardly be said to ...
... intention of Congress in this particular undefined . " ] 16 4. Language admitting of only one meaning . - When , indeed , the language is not only plain but admits of but one meaning , the task of interpretation can hardly be said to ...
Page 7
... intention , effect must never- theless be given to them ( b ) . They cannot be construed , 20 Newell v . People , 7 N. Y. 97 ; Barstow v . Smith , Walk . ( Mich . ) 394 ; Bidwell v . Whittaker , i Mich . 469 ; and see also McCluskey v ...
... intention , effect must never- theless be given to them ( b ) . They cannot be construed , 20 Newell v . People , 7 N. Y. 97 ; Barstow v . Smith , Walk . ( Mich . ) 394 ; Bidwell v . Whittaker , i Mich . 469 ; and see also McCluskey v ...
Page 9
... intention if the specific case had been proposed to it . [ " Even when a court is convinced that the Legisla ture really meant and intended something not expressed by the phraseology of the Act , it will not deem itself author- ized to ...
... intention if the specific case had been proposed to it . [ " Even when a court is convinced that the Legisla ture really meant and intended something not expressed by the phraseology of the Act , it will not deem itself author- ized to ...
Common terms and phrases
Act of Parliament action amendment ante appeal apply Ass'n Bank Barb Bish certiorari charter clause Com'th Comm'rs common law Comp construed contract Cooley corporation court creditors debt declared duty earlier act effect enactment exemption exercise express former give given grant held Ibid implied implied repeal impliedly imposed intention interpretation judgment judicial jurisdiction justices L. J. Ch land language later act latter legislative Legislature liable license limited Lord Mass meaning mens rea ment municipal object offence officers Ohio St operation owner pari materia party penal penalty Pennsylvania person prescribed presumption principle prohibited punishment purpose Quarter Sessions R. R. Co reference remedy repeal rule rule of construction Smith Stat statute statute of limitations statutory strict construction supra tion usury Vict void Wilb words
Popular passages
Page 164 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 733 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Page 344 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 367 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 138 - shall include every description of vessel used in navigation not propelled by oars...
Page 563 - THAT no Claim which may be lawfully made at the Common Law, by Custom, Prescription or Grant, to any Right of Common or other Profit or Benefit to be taken and enjoyed from or upon any Land...
Page 590 - All corporations, whether public or private, derive their powers from legislative grant, and can do no act for which authority is not expressly given, or may not be reasonably inferred. But if we were to say that they can do nothing for which a warrant could not be found in the language of their charters, we should deny them, in some cases, the power of self-preservation, as well as many of the means necessary to effect the essential objects of their incorporation.
Page 164 - ... at the time of the death of the testator, such devise shall not lapse, but shall take effect as if the death of such person had happened immediately after the death of the testator, unless a contrary intention shall appear by the will.
Page 353 - Wensleydale used to call the golden rule is right, viz., that we are to take the whole statute together, and construe it all together, giving the words their ordinary signification, unless when so applied they produce an inconsistency, or an absurdity or inconvenience so great as to convince the Court that the intention could not have been to use them in their ordinary signification, and to justify the Court in putting on them some other signification, which, though less proper, is one which the...