Commentaries on the Law of Statutory Crimes: Including the Written Laws and Their Interpretation in General, what is Special to the Criminal Law, and the Specific Statutory Offenses as to Both Law and ProcedureT. H. Flood and Company, 1901 - 997 páginas |
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Página
... meanings for technical Grammatical construction . words . 243 . 244 . Provisions in the alternative . 245-2466 . General words following particular . 246c - 248 . Meaning overlying one another . 249 , 249a . Express mention implying ...
... meanings for technical Grammatical construction . words . 243 . 244 . Provisions in the alternative . 245-2466 . General words following particular . 246c - 248 . Meaning overlying one another . 249 , 249a . Express mention implying ...
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... meaning of statutes constantly go back to see what is the unwritten or otherwise prior law ; with which " lock and key , " says Coke , they " set open the windows of the statute . " Otherwise their search after the statutory meaning ...
... meaning of statutes constantly go back to see what is the unwritten or otherwise prior law ; with which " lock and key , " says Coke , they " set open the windows of the statute . " Otherwise their search after the statutory meaning ...
Página 63
... Meaning of maker . - Laws are expounded and en- forced , not made , by the courts . The makers are entitled to have their real meaning , if it can be ascertained , carried out . Hence the primary object of all rules for interpreting ...
... Meaning of maker . - Laws are expounded and en- forced , not made , by the courts . The makers are entitled to have their real meaning , if it can be ascertained , carried out . Hence the primary object of all rules for interpreting ...
Página 64
... meaning and the true im- port of that act of parliament , and whether any case of fact that can be stated is a case that comes within the meaning of that act of parliament . No distinction can be taken in this case , because it happens ...
... meaning and the true im- port of that act of parliament , and whether any case of fact that can be stated is a case that comes within the meaning of that act of parliament . No distinction can be taken in this case , because it happens ...
Página 66
... meaning , thus perceived , must be given them by the court . Thus , - Time . If the statute is old , or if it is ... meanings which the language as then used , and the other con- siderations , require . Again , - Prior law . The court ...
... meaning , thus perceived , must be given them by the court . Thus , - Time . If the statute is old , or if it is ... meanings which the language as then used , and the other con- siderations , require . Again , - Prior law . The court ...
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Términos y frases comunes
adjudged adultery allegation Allen Ante authority averment Bank Barb Bishop Blackf Bush by-law carnal chapter clause committed common law Conn constitution construction court Crim crime criminal criminal law Cush deemed defendant doctrine Dwar dwelling-house East effect election enactment felony gaming Grat Gray held Humph indictment intent interpretation intoxicating Iowa Jones N. C. judges judicial larceny Leach legislative legislature license liquor lottery marriage Mass meaning ment Minn Miss Monr Moody offense Ohio St Oreg particular penal penalty person Pick polygamy prosecution provision punishment question R. R. Co reason remedy repeal rule Russ selling Smith Stat statute statute of limitations Strob supra thing tion treaty unwritten law violation void Vroom Wend
Pasajes populares
Página 12 - Our constitution declares a treaty to be the law of the land. It is, consequently, to be regarded in courts of justice as equivalent to an act of the legislature, whenever it operates of itself without the aid of any legislative provision.
Página 436 - No subject shall be held to answer for any crime or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself.
Página 95 - 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.
Página 324 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 212 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Página 451 - And be it enacted, that if any person shall unlawfully take, or cause to be taken, any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her, every such offender shall be guilty of a misdemeanor...
Página 212 - But this is not a new, independent rule, which subverts the old. It is a modification of the ancient maxim, and amounts to this: that, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Página 607 - Irrevocable grants of property and franchises may be made if they do not impair the supreme authority to make laws for the right government of the state : but no legislature can curtail the power of its successors to make such laws as they may deem proper in matters of police.
Página 483 - The circumstances must be such, indeed, as to lead the guarded discretion of a reasonable and just man to the conclusion of guilt...
Página 324 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the states, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.