A General Treatise on Statutes: Their Rules of Construction, and the Proper Boundaries of Legislation and of Judicial InterpretationW. Gould, 1885 - 693 pages |
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Common terms and phrases
act of parliament action adopted applied arrest authority Barb body 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 restrained rule rule of construction says sense sovereign stat statute supreme taken taxation thing tion trial United void Wend words writ
Popular passages
Page 365 - 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.
Page 557 - 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.
Page 469 - 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.
Page 364 - 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.
Page 365 - 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.
Page 168 - 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.
Page 428 - 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.
Page 34 - 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.
Page 397 - 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.
Page 494 - 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...