This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 Excerpt: ...be mere snares. Where clauses, therefore, are obscure, the courts will lean against forfeitures; and in this view the ship registry acts, so far as they apply to defeat titles and to create forfeitures, are to be construed strictly as penal laws. U. S. w. Wiltberger, 5 Wheat. 76, 95, 96, 105. "The legislature," says ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1857 Excerpt: ...be mere snares. Where clauses, therefore, are obscure, the courts will lean against forfeitures; and in this view the ship registry acts, so far as they apply to defeat titles and to create forfeitures, are to be construed strictly as penal laws. U. S. w. Wiltberger, 5 Wheat. 76, 95, 96, 105. "The legislature," says Heath, J., "is ever at hand to explain its own meaning, and to express more clearly what has been obscurely expressed." In the same spirit in this country, on the first circuit, in construing a revenue law, Mr. J. Story said, "Laws imposing duties are never construed beyond the natural import of the language; and duties are never imposed upon the citizen upon doubtful interpretations; for every duty imposes a burthen on the public at large, and is construed strictly, and must be made out in a clear and determinate manner from the language of the statute."f The Supreme Court of the United States has said on this subject, --In one sense, every law imposing a penalty or forfeiture may be deemed a penal law; in another sense, such laws are often deemed, and truly deserve to be called, remedial. It must not be understood, that every law which imposes a penalty is therefore, legally speaking, a penal law, that is, a law which is to be construed with great strictness in favor of the defendant. Laws enacted for the prevention of fraud, for the suppression of a public wrong, or to effect a public good, are not in the strict sense penal acts, although they may inflict a penalty for violating them. It is in this light we view the revenue laws, and we would construe them so as most effectually to accomplish the intention of the legislature in passing them."J And again, on the first circuit, Mr. Justice Story has used this l...
Read Less
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
New in New jacket. A treatise on the rules which govern the interpretation and application of statutory and constitutional law. (Paperback or Softback)
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
