CONTENTS.

CHAPTER L

PLAN OF THE WORK.

The sources of Municipal or Civil Law usually two-fold: Usage, or

Common Law; and Statute Law-In America a third superadded:

Constitutional Law-The two last written; of these, the Interpre-

tation and Construction belong to the Judiciary-The object of this

volume, to define the limits of legislative and judicial power; and

to give the rules which govern the application of Constitutional

and Statute, in other words, of written Law,

CHAPTER II.

GENERAL CLASSIFICATION AND DIVISION OF STATUTES.

Division of Statutes-In England divided into ancient and modern-

Division in the United States-Public and Private Acts-Declara-

tory and Innovating Statutes-Affirmative and Negative Statutes

-Remedial Statutes-Penal Statutes-Repealing Statutes,

CHAPTER III.

THE PARTS OF STATUTES.

Blackstone's Enumeration of the Parts of a Statute: Practical Division-

Title-Commencement-Preamble-Purview-Clauses-Provisos-

Exceptions Schedules,

. 1

CHAPTER IV.

THE ATTRIBUTES AND INCIDENTS OF STATUTES.

Application for the passage of Statutes-Contracts to obtain the passage

of Statutes, or to withdraw opposition-Authority and Jurisdiction

of Statutes-Time when Statutes take effect-Effect of Statutes to

avoid contracts in violation of them-Remedies for the violation of

Statutes Statutory Forfeitures-Ignorance of Statute no excuse-

Limitations of actions-Waiver of Statutes by consent-Pleading

and Proof of statutes-Repeal,

26

49

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CHAPTER V.

OF THE BOUNDARIES OF LEGISLATIVE AND JUDICIAL POWER.

Division of Legislative and Judicial functions in England-Bills of

Attainder-Division in this country-Disputed power of judiciary,

independently of interpretation and constitutional limitation-

What is a Law?-Power of the State Legislatures examined-Ret-

rospective Laws-Result of the examination-Judicial power of con-

struing doubtful provisions of written law-History of its exercise

in England-In France-Present condition of the law on the subject

-Power of the judiciary to enforce constitutional restrictions,

142

CHAPTER VI.

GENERAL RULES FOR THE CONSTRUCTION OF STATUTES.

General rules for the construction and interpretation of statutes-

Necessity for construction and interpretation growing out of the

ambiguity of language, and other causes-Various rules given by

standard writers-Vattel's rules-Domat's rules - Rutherforth's

rules-Mackeldey's-Lieber's-Rules of our law-Intention of the

legislature, to govern-Mode of arriving at the legislative intention

-Lord Coke's rules-Blackstone's rules-Statutes in pari materia-

Contemporaneous exposition-Legislative exposition-Judicial con-

struction-Usage-Language used in statutes-Technical terms-

Liberal and strict construction,

225

CHAPTER VIL

OF STRICT CONSTRUCTION, AND OF LIBERAL OR EQUITABLE CONSTRUCTION.

The line separating judicial construction from judicial legislation-Strict

construction, and liberal or equitable construction-Statutes when

strictly construed-Statutes conflicting with a constitution or

fundamental law-Statutes prescribing forms of procedure, modes

of proof and of practice-Statutes of frauds-Statutes of wills-

Statutes of limitations-Statutes in derogation of the Common Law

-Penal Statutes-Revenue laws-Usury laws-Statutes granting

franchises and corporate powers-Statutes granting exemptions

from general burthens-Statutes authorizing summary judicial pro-

ceedings Statutes authorizing summary administrative proceed-

ings-Statutes of explanation-The stamp acts-Statutes giving

costs-Statutes when to be liberally or equitably construed-

Remedial statutes-Equity of a statute-When statutes treated as

directory merely-General Rules, .

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CHAPTER VIIL

THE CONSTRUCTION AND APPLICATION OF STATUTES IN PARTICULAR CASES.

Statutes delegating public authority-Revenue laws-Penal laws-Laws

as affecting the rights of the government-Effect of statutes on con-

tracts in violation of them-Cumulative remedies and penalties-

Retroactive effect of laws-Waiver-Rule that the last statute in

point of time prevails-Computation of time in statutes-Subject-

matter-General words-Misdescription and surplusage-Remote-

ness of effect—Statutes against wagers-Corporations-The inter-

pretation and proof of foreign laws-Revision of statutes-State

laws, how construed in the courts of the United States-Interpreta-

tion of particular words-Miscellaneous cases-Grants or Patents,

384

CHAPTER IX.

OF THE INTERPRETATION AND APPLICATION OF TREATIES, OF PATENTS OR GRANTS OF

LAND, AND OF MUNICIPAL ORDINANCES.

Treaties Part of the Supreme Law of the Union-How far they affect

State Legislation-How far they may have a retrospective effect-

Patents or Grants of Land-Resumption of, in early times-Rules

of construction applicable to Municipal Ordinances-Centralization

and Local Sovereignty-Instance of the former in Rome .and

France-Development and application of the latter in America.

Towns and Cities-Delegation of Legislative Sovereignty-Mode

of the exercise of the delegated authority-Cases-General autho-

rity of the Courts-Contracts in violation of Ordinances void-

Passage of Ordinances,

447

CHAPTER X.

LIMITATIONS IMPOSED UPON LEGISLATIVE POWER BY THE CONSTITUTIONS OF THE

SEVERAL STATES OF THE UNION.

The general character of constitutional provisions regarded as limitations

upon legislative power-Principal restrictions imposed by the State

constitutions-Guarantee of private property-Trial by jury—

Protection of Law-Searches and seizures-Taxation-Police regu-

lations Titles of bills-Amendments-Repeal-Constitutional ma-

jorities-Religious tests-Religious societies-Creation of judges-

Incorporations-Trust funds-Divorces-Suits against the State,

CHAPTER XI.

LIMITATIONS IMPOSED UPON LEGISLATIVE POWER BY THE CONSTITUTION OF THE
UNITED STATES.

Clauses of the Federal Constitution which operate as checks on legisla-
tive action-General nature of the Legislative Power of the Union
-General Principles of Constitutional Construction or Interpreta-
tion-Interpretation and application of Particular Clauses-Habeas
Corpus-Bills of Attainder-Ex-post-facto Laws-Fugitives from
Justice Fugitives from Labor-Religious Freedom-Freedom of
Speech and of the Press-Search-warrants and Seizures-Only
one Trial for Offenses-Due Process of Law-Compensation for
Private Property taken for Public Purposes-Trial by Jury-
Excessive Bail and Cruel Punishments-The Obligation of Con-
tracts-Vested Rights-Conclusion,

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