Imágenes de páginas
PDF
EPUB
[merged small][ocr errors][merged small]

AND THE PROPER BOUNDARIES OF LEGISLATION AND

OF JUDICIAL INTERPRETATION.

BY SIR FORTUNATUS DWARRIS, KNT.,

B A, OXFORD, F. B 8., F. S. A

WITH AMERICAN NOTES AND ADDITIONS,

AND WITH
NOTES AND MAXIMS OF CONSTITUTIONAL AND OF

STATUTE CONSTRUCTION.

ALBO
A TREATISE ON CONSTITUTIONAL LIMITATIONS UPON THE

NATIONAL AND STATE LEGISLATIVE POWER;

WITH A CHAPTER ON

PARLIAMENTARY LAW AND PARLIAMENTARY PRIVILEGES.

BY PLATT POTTER, LL. D.,
OM OF THE JUSTICES OF THE SUPREME COUBT OF THE

STATE OF NFW YORK. .

"Optima est la quae minimua ruinquit arbitrio judicis, optimis judot gri minionem atbil"

-Aphorisms, 16, Bacon's Works, vol. vii, p. 148.

L' ALBANY: " .
WIILIAM GOULD & BON."
LAW BOOKS BLL E'RS AND PUBLISHERS

1835.

Em nocording to act of Congress, in the year one thousand eight hundred and seventy-ong

BY WILLIAM GOULD & SONS,
in the office of the Librarian of Congress at Washington.

PREFACE.

THE republication of the Creatise of “Dwarris on Statutes," re. quires no apology. It is a standard work of the highest authority, acknowledged by all the courts of this country, as well as in England. It was out of print; could not be supplied at any price, though greatly demanded. No law library, can be regarded as complete, without it. Indeed, the student, who desires to posSess a fair knowledge of the jurisprudence of the state and nation of which the statute law forms so striking and material a portion, vill remain deficient in the necessary qualifications for an honor

ble profession, if found wanting in the proper knowledge which this work supplies, of the recognized parts and divisions of statntes, and of the different rules of construction and interpretation by which the different characters of statutes are governed. An applicant for admission to the bar of the state, or nation, should be debarred, who shall have advanced no further in the science of the law, than to suppose the rule of interpretation of all statutes was one uniform rule; that a remolinland a penal statute were to be construed alike; or who could not answer to the distinctions between, prospective and retrospective, public and private, enabling and disabling, enlarging and restraining, affirmative and negative statutes, and to the various other known divisions, as well as of the particular rules of construction applicable to each divi-) ; ind, as applicable also to the various parts of the same stature: t.) the title; the preamble; the enacting part; the clauses; proving and exceptions; and to the effect which each part bears upou the whole, and upon its construction. This treatise may therefore be regarded as elementary, and the necessary complement to the professional life of the lawyer.

« AnteriorContinuar »