Imágenes de páginas
PDF
EPUB

INDEX.

A.

ADMINISTRATIVE PROCEEDINGS, Summary, 351, 541.
AGREEMENT, when annulled by statute, 635.

AGREEMENTS in violation of statutes, when void, 85,

396.

AMENDMENT OF LAWS, constitutional provisions as to, 571.
ANNULLATION of an agreement by statute, when, 635.

ANGLO-SAXON BURGHS, condition of, 462.

APPLICATION for passage of statutes, 65.

notice of, when required, 66.

APPRENTICESHIP, indentures of, when held void, 244.

ARRETS, law of, in France, 210.

ASSESSMENTS for opening streets, 502, 503, 504, 531.

ASSISE or CONSTITUTIONES, original name for laws, 26.
ATTAINDER, bills of, prohibited, 598.

ATTRIBUTES OF STATUTES, 65.

AUSTIN, JOHN, on Jurisprudence, cited, 222.

AUTHORITY and jurisdiction of statutes, 69.

B.

BANKING SYSTEM of New York, 442.

BANKRUPT ACT, English, decision on, 244.

BANKRUPT LAWS, 641.

BENTHAM, JEREMY, cited, 293.

"BEYOND SEAS," how construed, 304.

BILLS, REJECTED, not again introduced at same session in Texas and

Tennessee, 123, 573.

BILLS OF RIGHTS, 179, 480.

BILL OF RIGHTS, Constitution is, 583.

BOWLING ALLEYS, act relating to, 463.

BY-LAWS. See "Municipal Ordinances," 469, 472.

C.

CANADA, act of Parliament relating to, 477.

CANALS, act for enlargement of, in New York, declared unconstitutional, 86.

CASUS OMISSUS in statutes, how to be treated, 307.

CAUSE AND EFFECT, 417.

CENTRALIZATION in government, its effect, 459.

CHARTERS OF INCORPORATION strictly construed, 338, 424.
protected by Federal Constitution, 625.

CHRISTIANITY, how far part of the common law, 17.

CLAUSES OF BILLS, 58.

COLONIAL RECORDS of Massachusetts, 43 et seq.

COLONIAL STATUTES, 29.

COMITY between nations, 72.

the States of the Union, 75, 77.

COMMENCEMENT of Statutes, 53.

COMMON LAW, statutes in derogation of, strictly construed, 313.

a body of customs, 5.

the, the basis of American jurisprudence, 8, 10, 12.

adopted so far as applicable here, 12, 13.

has no force here since the Revolution, 14, 15.

none of the Union (sed quære), 17 and note.

statutes in derogation of, strictly construed, 313.

COMPENSATION for private property, 527.

COMPUTATION of time, 418.

CONSTRUCTION (see Interpretation), general rules of, 225.
Lord Coke's rules, 235.

CONSENT cannot give jurisdiction, 422.

CONSTITUTIO or ASSISA, original term for laws, 26, 27–477.
CONSTITUTIONAL LAW, 475.

origin of, in America, 18.

a source of jurisprudence, 21.

CONSTITUTIONAL limitations on legislation, 213.

CONSTITUTIONAL MAJORITIES, 573.

CONTRACTS in violation of statutes, when void, 85, 396.
obligation of, 616.

CONTEMPORARY EXPOSITION of statutes, 251.
of constitutions, 593.

CONVEYANCERS, English, influence of, 255.

COPYRIGHT in statutes, 138.

CORPORATIONS. See Charters, 424.

COSTS, how regulated in New York, 359.

statutes giving, how construed, 358.

COUNTIES, provision as to division of, in New York, 580.

COURTS MARTIAL, 551.

CUSTOM (see Usage), an element of jurisprudence, 3.

force of, recognized by the civil law, 4.

operation of, described by Forti, 4, 5.

influence, in construction of statutes, 255.
CUSTOMS, Provincial of France, 5 and note.
CY PRES, doctrine of, 265.

CUMULATIVE remedies and penalties, 93, 401.

D.

DECLARATORY STATUTES, 37.
DELEGATION of legislative power, 164, 166.
to municipal bodies, 463.

of power of eminent domain, 517.
DIRECTORY, when statutes held to be, 368.
when constitutions, 377, 570.

DIVORCES, legislative prohibitions of, 565.

how far they can be granted in the United States, 635.

in Missouri, 636.

in Connecticut, 637.

in other States, 637.

DOMAT, his rules of construction, 283.

DOWER, how far protected by the Federal Constitution, 636, 638.

DUE PROCESS OF LAW, 610.

See Law of the Land, 534.

DUTY OF THE JUDGE, 310.

DWARRIS on Statutes cited, 26 (et passim).

E.

ELECTION OF REMEDIES, 93.

See Cumulative Remedies, 401.

EMBARGO LAWS, construction of, 243..

EMINENT DOMAIN, power of, 500, 504, 664.
delegation of, 517.

with reference to obligation of contracts, 664.

EQUITABLE CONSTRUCTION, 259, 291.

EQUITY, no relief in, against statutes, 104.

EQUITY of a statute, 296, 362.

EXCEPTIONS IN STATUTES, 62.

when to be negatived in pleading, 63, 117.

EXEMPTIONS FROM TAXATION, 559, 629, 631.
EXEMPTIONS, statutes conferring, how construed, 344.

EXPLANATION, statutes of, 358.

EX-POST-FACTO LAWS, 191.

prohibited by Federal Constitution, 599.

EXTRINSIC FACTS not admitted to explain statutes, 241.
EXTRINSIC EVIDENCE not to be received to explain constitutions, 489,

593.

F.

FERRY FRANCHISE in New York, 343.
FIRES in New York, statutes relating to, 365.
FOREIGN STATUTES, interpretation of, 425.
proof of, 427.

FORFEITURES, statutory, 97.

FORTI, FRANCESCO, cited, 5.

FRANCHISES, rules of construction as to, 339.

FRAUD, whether it can be alleged against a statute, 510, 621, 622.
FREEDOM OF SPEECH and of the Press, 608.

FRENCH JUDICIARY, power of, over statutes, 210 and note.
FUGITIVES FROM JUSTICE, 604.

SERVICE, 606.

G.

GAME LAWS, penalties under, when single, 98.

GENERAL WORDS, how qualified by particular words, 423.

GOOD FAITH, no excuse for violation of statute, 99.

GRANTS OF FRANCHISES, rules of construction as to, 339.
GRANTS OF LAND, 451.

Irish, 452.

GRANTS AND RESUMPTIONS in Ireland, 452.

H.

HABEAS CORPUS, under Federal Constitution, 598.
HARDSHIP not to affect interpretation, 309.

HIGHER LAW, 562.

HODGE-PODGE ACTS, 567.

HOFFMAN, DAVID, cited, 581.

HUSBAND, interest in wife's choses in action, 541.

I.

IGNORANCE, no excuse for violation of law, 83, 99.
IMMUNITIES of citizens under Federal Constitution, 600.

IMPLICATION, repeal by, 125.

INCORPORATION, charters of (see Charters of), 338, 424.

INCIDENTS OF STATUTES, 65.

INDICTMENT in actions on statutes, 115.

INFANTS, statutes in regard to, 101.
INJUNCTIONS against public officers, 577.
municipal corporations, 577.

INTENTION of the legislature, to govern, 231.
to be found in the statute itself, 243, 382.

INTERNATIONAL COMITY, 72.

INTERSTATE COMITY, 75, 77.

INTERPRETATION (see Construction), rule of civil law as to, 22, 143.

practice as to, early in England, 23, 144, 203.

general rules of, 225.

Lord Coke's rules, 235.

Blackstone's rules, 236.

means of, within the statute, 237.

outside the statute, 239.

J.

JUDGES in England, when made permanent, 209.

in the United States, tenure of office, 575.

not liable civilly, 44.

exception in Alabama, 441.

JUDICIAL PROCEEDINGS under Federal Constitution, 600.

JUDICIAL CONSTRUCTION of statutes, 253.

« AnteriorContinuar »