Handbook on the Construction and Interpretation of the Laws

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West Publishing Company, 1911 - Počet stran: 710
 

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Strana 364 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Strana 34 - In suits at common law, the right of trial by Jury shall be preserved.
Strana 272 - ... grammatical arrangement in which the framers of the instrument have placed them. If, thus regarded, the words embody a definite meaning, which involves no absurdity and no contradiction between different parts of the same writing, then that meaning apparent upon the face of the...
Strana 68 - This is not the substitution of the will of the judge for that of the legislator, for frequently words of general meaning are used in a statute, words broad enough to include an act in question, and yet a consideration of the whole legislation, or of the circumstances surrounding its enactment, or of the absurd results which follow from giving such broad meaning to the words, makes it unreasonable to believe that the legislator intended to include the particular act.
Strana 379 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Strana ii - Of elementary treatises on all the principal subjects of the law. The special features of these books are as follows: 1. A succinct statement of leading principles In black-letter type. 2. A more extended commentary, elucidating the principles. 3. Notes and authorities.
Strana 372 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Strana 454 - Where there is no ambiguity in the words, there is no room for construction. The case must be a strong one indeed, which would justify a Court in departing from the plain meaning of words, especially in a penal act, in search of an intention which the words themselves did not suggest.
Strana 260 - Punctuation is a most fallible standard by which to interpret a writing ; it may be resorted to when all other means fail ; but the court will first take the instrument by its four corners, in order to ascertain its true meaning ; if that is apparent on judicially inspecting the whole, the punctuation will not be suffered to change it.
Strana 64 - A thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers, and such construction ought to be put upon it as does not suffer it to be eluded.

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