A General Treatise on Statutes: Their Rules of Construction, and the Proper ... - Sir Fortunatus Dwarris - Google Books

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CONTENTS.

PAGE.

Of Statutes in General; their Definition, Origin, Source of

Authority. History of the English System of Enactment.

Omnipotence of Parliament in that regard. Limitation of

American Legislative Power.

Of the General Interpretation of Statutes. Public and Pri-

vate Statutes. Their Divisions. How they are Authenti-

cated. Power of Enacting Statutes. Legislative Power;

its Restrictions and Incidents. Who is to interpret them.

Of the Division of Statutes. Powers of the different depart-

ments of Government in their Enactment and Interpreta-

tion. The English System. The American System.

Of the Form of Statutes. Their various parts-Title, Pre-

amble, Enacting Clauses. The effect of each. Their in-

tent, how obtained. The effect of Words. Of their repeal.

Effect of Saving Clauses and of Provisos.

Of the Qualities, Incidents and General Rules and Maxims

of Interpretation of Statutes. Rules of Dwarris. Rules

and Maxims of Vattel. Rules of Puffendorf. Rules and

Maxims of Grotius.

Maxims of Domat.

Rules of Rutherford.

Rules of Rutherford. Rules and

And American Rules.

Of the Exceptions to General Rules of Construction; and the

manner of pleading and taking advantage of particular

Statutes. Of the Repeal of Statutes, and its effect and

accidents. Effect of Prohibitory Statutes. Retrospective

Statutes. Ex post facto Laws. Time of their taking effect. 147

Of General, Qualified and Particular Rules relating to the

Construction of Statutes. Construction of Words. Affirm-

ative and Permissive Words. Declaratory Words.

rectory and Imperative Statutes.

tive Statutes. Remedial Statutes.

utes are to be construed. What is Equitable Construction.

Penal Statutes. Strict Construction; and Exceptions to

Strict Construction.

Affirmative and Nega-

How Particular Stat-

173

Of Particular Rules of Construction applicable to distinct

parts of Statutes-Title, Preamble, Clauses, Provisos. Ju-

dicial Exposition of the meaning of particular Words and

Passages to be found in Legislative Acts. Local, Particu-

lar and Special Acts. Statute Powers and Remedies. - 265

Of the Boundaries of Legislation, and of Judicial Interpreta-

tion sought to be ascertained. The instances of the exercise

of this branch of Judicature in the English and French

Courts reviewed. Of Legitimate Construction, and Inter-

pretative Legislation irrespective of Constitutional Restric-

tions. History of Jurisprudence; its Power; distinguished

from Legislation. History of the Code Napoleon. Dis-

cours Preliminaire. French Jurisprudence.

Theory. English, French and American Jurisprudence.

Of American Constitutional Power. The Distribution of the

Sovereign Power into three Departments.

dence of each Department of the others. The Functions

of each Department in the Administration of the Law.

What is Sovereignity. Where it resides in American

Constitutional Governments. Of Constitutional and Statute

Powers. Powers of the several Departments. Powers of

the Government, and the Rights of the Citizen. The limi-

tations to Constitutional Power. Who determines this

Of the Limitation of Constitutional Power in taking Private

Property for Public Uses, under the Right of Eminent Do-

Of the Constitutional Authority to take Private Property for

Public Purposes under the Taxing Power.

Of the Constitutional Protection, that Life, Liberty and Prop-

erty be not taken without Due Process of Law. What is

included in Due Process of Law.

Of the Police Power of the Government under State Consti-

tutions, by which Private Property may be taken for the

benefit of others. From what source this power is derived.

By whom this power may be regulated. And what it in-

cludes, and what is not included.

Of Constitutional Protection to Personal Property. Due

Process of Law. Statute Remedies. Bankrupt Laws. Im-

pairing Obligation of Contracts.

Of the Constitutional Protections to Personal Liberty. Ha-

beas Corpus. Power of Government over Personal Lib-

erty. Husband and Wife. Parent and Child. Guardian

and Ward. Master and Apprentice. Master and Servant.

Schoolmaster and Pupil. Principal and Surety. Creditor

Of Constitutional Protection to the Person of the Citizen other

than Personal Liberty, including Rights and Immuni-

ties of the Citizen. Quartering Soldiers in Private Houses.

Unreasonable Searches and Seizures. Accusation and

Trial for Crime. Excessive Bail. Fines. Cruel and un-

usual Punishment. The Right to Free Discussion and Pe-

tition. The Freedom of Speech and of the Press. The

Free Exercise of Religious Opinion.

Of Parliamentary Law, and of the Privileges and Incidental

Powers of Legislative Assemblies, including Breaches of

Privilege and Legislative Contempts. Who may be held

liable therefor. American View of the Law of Privilege of

England, and of the State of New York.

Of Constitutional Interpretation. American Rules and Max-

ims for Constitutional Construction; and of Constitutional

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