References are to sections. LEGISLATIVE INTENT (continued), latter provision repealing former, because of presumed, 170. also in strict interpretation, 191, 193, note, 200-202, 204. how as to the, when meaning clear, 201. followed in construing criminal statute, 231, 235. statute directory or mandatory as the, requires, 255a. LEGISLATIVE JOURNALS, looking into the, for precise date of statute, 29. whether, regarded in interpretation, 77. LEGISLATIVE MEANING (see LEGISLATIVE INTENT), how the actual, regarded in interpreting statute, 74–77. LEGISLATIVE OPINIONS, weight of, in interpretation, 76. of draftsmen not considered, 77, note. language of debates not much regarded, 77, note. LEGISLATIVE POLICY, legislature itself to determine its, 235, 995. contract contrary to, void, 138a, 254. LEGISLATIVE POWER (see CONSTITUTION; STATUTES), how, limited with us, 12, 16, 32a-41. LEGISLATIVE RECORDS (see RECORDS), consulting the, as to statutes, 37. whether look into, in interpreting statute, 76, 77. LEGISLATIVE WORDS, are the primary guide to intent, 236. LEGISLATURE (see OPINIONS OF LEGISLATORS), duty of the, to legislate constitutionally, 14, 35, 91. effect of decision of, on constitutional question, 14, 91. to construe constitution, 35, 36, 91. cannot exercise function not in its nature legislative, 39a. interpreter to stand in position of the, 75. opinions of present and subsequent, as to meaning of statate, 76, 77 decision of, entitled to respect of court, 91 and note. presumed to have intended what it said, 93. intention of, ascertained from words of statute, 158. LETTER (see SPIRIT AND LETTER; STRICT INTERPRETATION), statutes not interpreted by the, 93; maxim about adhering to the, 92 cases not within the, but within spirit, 190. what is not within the, excluded in strict construction, 230. LETTER CARRIER, whether, is a "public officer," 271a. LETTERS, wittingly, etc., detaining, 823. LEWD, ETC., PERSON, indictment for being, how, 723. "LEWDLY AND LASCIVIOUSLY ASSOCIATE," meaning of phrase, 712; as to allegation, 723. References are to sections. LEWDNESS (see OPEN AND NOTORIOUS LEWDNESS), meaning of the word, 716. what, indictable at common law, 654, 691, 711, 728. LIBERAL INTERPRETATION (see STRICT AND LIBERAL), what signified by, and to what applied, 120. what expansion permissible in, explained, 189d-190c. conflicting demands for, and strict, 197. followed in what classes of cases, 192, 197-199a. different degrees of, 199. for the accused, liberal; against him, strict, 196. whether, applied to limitations statute, 259. not so as to protect offenses merely analogous, 260. applied to statutes against gaming, 855. The, which mingles with the strict, 226-240. general explanations of doctrine, 226–230. doctrine defined, 226. liberal in favor of accused, 227; illustrations, 227-230. in favor of accused, the statutes contracted, 231–235. illustrations of doctrine, 231–235. limits of doctrine, with illustrations, 236–238. in favor of accused, the statutes expanded, 239, 240. LIBERTY, statutes against, construed strictly, 119, 193. city charter conferring exclusive right to grant, 156. whether, required to constitute innkeeper, 297. of gaming places, 854a. of lottery, not prevent subsequent prohibition, 957. And see 992a, 1001. a tax on a business, not a, 991. averment and proof of, 1043, 1050, 1052. power of city to revoke, 21, note. LICENSE LAWS (see LIQUOR SELLING). LIFE (see CAPITAL PUNISHMENT), statutes so construed as to preserve, 1896. statutes taking away, construed strictly, 193. presumption of, of former husband or wife at time of second marriage, 611. LIGHTER, not, include a brig or steam-tug, 246a, note. “LIKE KIND" (see SAME OR LIKE KIND), of weapon as bowie-knife, what, 790. how allege gambling device of, 909. LIMITATIONS STATUTE, extends to offenses under subsequent statute, 87. References are to sections. LIMITATIONS STATUTE (continued), what a fleeing from justice within, 242. how the, in gaming, 916. In criminal cases, discussed, 257–267. not at common law; statute, 257, 258. civil and criminal compared, 258a. how as to strict and liberal interpretation, 259, 260. continuing to run, 261a. exceptions to its general terms, 261b, 261c. to what offenses applied, 261d. shifting proceedings; valid; erroneous, 262. whether, applied to past offenses; future, 263. how availed of, 264; pertaining to remedy, 264α. vested rights as to, 265. statute authorizing prosecution after bar of, 265, 266. LIMITED JURISDICTION, how statutes creating, construed, 198. "LIQUOR," meaning of the word, 1010. LIQUOR LICENSES (see Liquor Selling), statutes providing for, construed together, 156. to principal, protect agent, 1024. LIQUOR NUISANCE (see TIPPLING-SHOP), whether conviction both for, and for sales, 1027. The law and procedure relating to, 1059-1070b. at common law; under statutes, 1059. selling to be drank on premises, 1060-1063. tippling-shops, 1064-1067. keeping building for illegal sales, 1068-1070. keeping open place at forbidden times, 1070a, 10706. LIQUOR SELLING (see KEEPING LIQUOR; LOCAL OPTION Laws), statute prohibiting, includes liquor on hand, 84a. qualifications for license for, 84a. act forbidding, in town, not affected by subsequent general act, 126. profanation of Lord's day may violate statute against, 143. same of unlicensed peddling, 143. city charter as repealing general statute, concerning, 156. to minors, statute requiring parental consent, construed, 237. dispensary laws, 998, note. regulate, power to, does not include prohibit, 46, note. Law of the offense of, 983-1032. introduction, 983. history and policy of laws against, 984-9886. at common law, 984. scope and nature of the statutes, 985-987. specially of the "Maine law," 988-988b. References are to sections. LIQUOR SELLING (continued), constitutionality of these laws and further of their forms, 989-998. under state and United States constitutions, 989-996. sale to Indian tribes, 990a. in interstate commerce, 990b. national taxation of selling, 991. forbidding sales after license, 992a. confiscating and destroying the liquor, 993, 994. manufacture, 996. municipal by-laws and local statutes restraining, 997. constitutional provisions relating to, 998. changes and modifications of general laws relating to, 990, note the license, 999-1006. expositions of statutes and doctrines, 1006a-1032. terms designating the liquor, 1006a-1010. other terms in brief, 1011. giving away, selling, bartering, 1012-1015. in particular quantities, special places, 1013. special forms of sale and dealing in liquors, 1015–1017. common seller, 1018. medical use, 1019, 1020. to particular classes of persons, 1021. mistake of the facts, 1022. deeming the selling rightful, 1023. principal and agent, 1024; husband and wife, 1025. punishment, 1026; electing offenses to prosecute, 1027 former jeopardy, 1027. misdemeanor, abetting, 1028, 1029. civil consequences, civil damage laws, 1030-1031a. The procedure, 1033a–1053. indictment, 1033a-1045. evidence, 1045a-1053. LIQUOR-SELLING PLACES, statutory offense of gaming in, 852. Keeping open, at forbidden times, 1070a, 1070b. "LIQUOR SHOP" (see LIQUOR NUISANCE), words, meaning of, 1011. LITIGATION, interpretation not to open way to, 81 "LIVE ANIMALS" (see ANIMALS), words, include singing birds, 1104. "LIVE TOGETHER," words, in statute, how indictment, 699, 702, 706, 721. LIVERY-STABLE, when one "erects" a, 208, note LIVING IN ADULTERY, ETC., distinguished from simple adultery, 656, note one act, as evidence of, 680, note. Law of the offense of, 696–698. The indictment and evidence, 699–709. References are to sections. LIVING IN FORNICATION (see LIVING IN ADULTERY, ETC.), whether words of statute may have, 101, 104. statute construed according to business habits, 77, note. LOCAL OPTION LAWS, constitutionality of, 36. LOCAL STATUTE, what is a, 42b. effect of submission of, to people, 36. may be either public or private, 42b. local usage may give meaning to, 104. how, construed with general, 112b. when, not affected by subsequent general, 126. LOCALITY, within what, by-laws have force, 22. "LOCATED IN," meaning of expression, 216. LODGER, whether rooms of, are dwelling-houses, 233, note, 287. LOFT, may be dwelling-house, 279. "LONDON," statutory word, as including all cities, etc., 1906, note. may be violated by unlicensed liquor selling or peddling, 143, statute forbidding "tippling-houses" on, construed, 213. statutes against profaning, extend to observers of seventh day, 287. gaming on, indictable under statutes, 852. LOT, by whom, cast, in lottery, 954. LOTTERY (see MATERIALS FOR LOTTERY; SIGN-BOARD), when, is "not authorized by law," 205. what is "advertisement" of tickets of, 207. whether statutes against, constitutional, 856, 957. The law of the offense of, 951-960. in general, and historical, 951. what is a lottery, 952-956. constitutionality of prohibiting statutes, 957. particular provisions and how interpreted, 958-960. The procedure, 961-966. indictment, 961-965; evidence, 966. LOTTERY TICKETS (see MATERIALS FOR LOTTERY; QUARTER-TICKET) meaning of statute against selling, 205, 207. rules for construing these statutes, 55. term, includes quarter-tickets, 211. |