Statutes at Large

“ Just as everyone is charged with knowledge of the United States Statutes at Large, Congress has provided that the appearance of rules and regulations in the Federal Register gives legal notice of their contents. ”

“ As the Statute Laws of this Kingdom are now become so exceedingly voluminous, and are daily increasing, both in Number and Extent, it is almost: impracticable to retain those Acts which are merely local. For this Reason it has been usual in the later Editions to omit the Road Acts, and others, which, though they are declared to be publick Acts, are nevertheless of a local and private Nature. ”

“ In the construction of penal statutes, the proper course is to search out and follow the true intent of the legislature and to adopt that sense which harmonizes best with the context, and promotes, in the fullest manner, the apparent policy and objects of the legislature. The United States v. Weaver, 3 Sumner’s C. C. R. 208.
In construing an act of Congress, if there be a mistake apparent on the face of the act, which may be corrected by other language in the act itself, the mistake is not fatal. ”

“ In short, Acts are, by the Legislature, frequently called Ordinances; and Ordinances again are as frequently stiled Acts of Parliament or Statutes; And sometimes the Words Act and Ordinance are coupled together. Therefore perhaps the only Difference, if any, between them is, that Bills entered with the Royal Assent on the Parliament Roll, were called Ordinances, and when entered on the Statute Roll, were stiled Statutes. ”

“ When the construction of the statute of the State relates to real property, and has been settled by any judicial decision of the State where the land lies, the Supreme Court, upon the principles uniformly adopted by it, would recognize the decision as part of the local law. ”

“ Provided however, That justices of the peace shall not have jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held, and the said clerks shall also be the registers in chancery ”

“ But if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, clothe, arm and equip as many of such extra number as they judge can be safely spared. ”

“ Appellate jurisdiction of the Supreme Court.In all cases affecting ambassadors, other public ministers and consuls, [22] and those in which a State shall be party, the Supreme Court shall have original jurisdiction. [23] In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. ”

“ For after reciting the 25 and 28 of Hen. it is by the third Clause of that Statute enacted, " That as well the said Act of Parliament intitled, An Act declaring the Establishment of the Succession, &c. made in the 25th Year of your Father, be repealed, as also all and every such Clauses, Articles, Branches, and Matters, contained and expressed in the aforesaid Act of Parliament, made in the said 28th Year, or in any other Act: or Acts of Parliament, as whereby your Highness is declared to be illegitimate, &c. shall be repealed." ”

“ If a section of an act of Congress admits two interpretations, one of which brings it within, and the other pushes it beyond the constitutional authority of Congress; it is the duty of the Supreme Court to adopt the former construction; because a presumption never ought to be indulged, that Congress meant to exercise or usurp any unconstitutional authority; unless that construction is forced on the court by language altogether incongruous. The United States v. ”

“ That no Man of Law be Justice of Assise or Gaol-delivery in his own Country. Neither the King's Justices, nor Barons of the Exchequer, shall take Fee or Reward, but of the King. Against false entering of Pleas, rasing of Rolls, and changing of Verdicts. Of the Jurisdidction of the Constable and Marshal.
Anno 9 Richardi 2.
Confirmation all statutes not repealed, saving of a Statute made 8 R. 2. cap. 3. Touching Villains flying to Cities and Boroughs. For Writs of Attaint and Error for them in the Reversion. Trial whether a Prior be dative and removeable, or perpetual. ”

“ So that the Inhabitants having Administration of Justice at home, and not being obliged to attend other Courts, those Parts were not left destitute of Men, who might secure the Country from Incursions. The Power of these Counties Palatine was antiently very exorbitant, but was greatly abridged by 27 Hen. 8. c. 24. ↑ See 4 Inst. 204. 1 Vent. 157. ↑ However the Statute Law of this Kingdom may fall short of Perfection, which no human Institutions can attain, yet it ought to be prized by every Friend of our excellent Constitution ”

“ I have read with great pleasure your proposal to publish an edition of the Statutes at large of the United States. This is, indeed, a desideratum. Every public man now feels the want of such a work. The plan is excellent, and the undertaking richly merits national patronage. ”

“ An Adnullation of Fines levied to the Spencers. An Act of Trial of an Averment in Writs of false Judgement. An Act touching Averment against Returns of Bailiffs of Franchises. An Act concerning Attaint, as well upon the Principal, as upon Damages in Trespasses, An Act against Gaolers, that compel Prisoners to make Appeals, An Act against Offenders in Forests.
Other Statutes made at another Parliament in the same Year.
A Confirmation of the Great Charter, and the Charter of the Forest. How every Person may use his Woods within the Forest ”

“ Aug. 23, 1842 201 Chapter CCI. See Private Acts of the Twenty-Seventh Congress in Volume 6. Aug. 23, 1842 202 Chapter CCII. An Act legalizing and making appropriations for such necessary objects as have been usually included in the general appropriation bills without authority of law, and to fix and provide for certain incidental expenses of the Departments and offices of the Government, and for other purposes. Aug. 26, 1842 203 Chapter CCIII. An Act to establish a district court of the United States in the city of Wheeling, in the State of Virginia. Aug. ”

“ Prynne 's Animad, on 4 Inst. p. 32. and Maddox 's MSS. in the British Museum, No 13. Tit. Parl. ↑ See Cotton 's Abr. passim. ↑ See 10 Ed. 3. Stat. I. c. 2. the Statutes of Rich. 2. throughout, the Statutes of Rich. 3. throughout. See also Hen. 7. where many statutes are said to be made by the Advice and Assent of the Lords Spiritual and Temporal, and at the Supplication of the Commons; at other Times at the Request—sometimes the Prayer of the Commons. ↑ Some of our antient Statutes run in the Form of Petition and Answer, such as Articuli Cleri 9 Ed. 2. Stat. ”

“ In 1762 an Address was presented by the House of Lords in Ireland to the Lord Lieutenant, requesting that the Statutes at Large of that Kingdom should be printed and published, under the Inspection of the Lord Chancellor and the Judges. [8] They were accordingly published in the year 1765, in Seven Volumes Folio, comprehending the Statutes from 3 Edw. II. to 1 George III.: with an Eighth Volume containing Tables of the Titles of the Statutes in the several Volumes, and of the Private Acts from 1 Henry VIII. to 1 George III. and an Alphabetical Index to the Statutes. ”

“ Many palpable Errors and Omissions have been allowed to remain without Notice in all the Translations. Corrections, comparatively very few in Number, were silently made in the Progress of the Editions called Pulton’s and Keble’s. Those made from Time to Time in Rastall’s English Collection, were numerous and important, but they have not been fully adopted in any Editions of the Statutes at large. The Suggestions of Corrections by Notes in the Margin of Cay’s Edition are very rare, comparatively with the numerous Errors actually existing ”

“ Statutes are not to be so literally construed as to defeat the purpose of the legislature. 'A thing which is within the intention of the makers of the statute is as much within the statute as if it were within the letter.' United States v. ”

“ Wherever the terms in which a power is granted by the constitution to Congress, or wherever the nature of the power itself, requires that it shall be exclusively exercised by Congress, the subject is completely taken away from state legislatures, as if they had been forbidden to act upon it. ”

“ The Edition 1579 is the earliest yet found of this Collection, which contains the Statutes previous to Henry VII. translated into English. See No. 37. The subsequent Editions state in their Title Pages that the Collection is “under Titles placed by order of Alphabet:” and add the Abridgement of succeeding Statutes from time to time: That of 1621 includes the Statutes of 7 Jac. I. 43 1587 C. Barker.
The whole Volume of Statutes at large which at anie time heeretofore have beene extant in print, since Magna Charta until the xxix. ”

“ This Plan it will be useful to state at Length: And this we are enabled to do by the Preservation of the Papers, containing his original Scheme, among Sir Robert Cotton’s Manuscripts in the British Museum. [17] In one of these Papers the Design is set forth: It is indorsed, in a Hand frequent among the Cottonian Manuscripts, “Concerning Mr. Pulton’s Suite;” and has no other Title, Mark, or Description at the Beginning or End; though by another Article referring to it, there is Proof of its Date being in or previous to 1611. “Mr. Poulton seeketh to print the Statutes at Large. ”

“ No principle can be better established by the authority of the Supreme Court, than “that the acts of an officer, to whom a public duty is assigned by his king, within the sphere of that duty, are prima facie taken to be within his power.” The principles on which it rests, are believed to be too deeply founded in law and reason, every to be successfully assailed. He who would controvert a grant executed by the lawful authority, with all the solemnities required by law, takes on himself the burden of showing that the officers has transcended the powers conferred upon him ”

“ No doubt is entertained, of the power of the states to pass laws authorizing purchasers of lands from the United States, to prosecute actions of ejectment upon certificates of purchase against trespassers on the lands purchased; but it is denied that the states have any power to declare certificates of purchase, of equal dignity with a patent. Congress alone can give them such effect. ”

“ If the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply. ”

“ These Editions have been regularly continued by additional Volumes. 61 1762, 1769
Pickering’s Statutes. Printer to Cambridge University.
The Statutes at Large from Magna Charta to the End of the Eleventh Parliament of Great Britain, Anno 1761. Carefully collated and revised, with References, a Preface, and a new and accurate Index to the whole. By Danby Pickering of Gray’s Inn Esquire. Twenty-four Volumes. 8vo
This Edition has been regularly continued by additional Octavo Volumes. ”

“ Whilst we follow the construction of a State statute, established by the Supreme Court of the State, care must be taken that our jurisdiction and practice shall not be limited or controlled by the statutes or decisions of the State, beyond the acts of Congress. ”

“ Congress has the sole power to declare the dignity and effect of titles emanating from the United States; and the whole legislation of the government, in reference to public lands, declares the patent to be the superior and conclusive evidence of legal title. ”

“ There is no act of Congress which authorizes a circuit court to issue a compulsory process to the district court for the removal of a cause from that jurisdiction before a final judgment or decree is pronounced. ”

“ Where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness, to induce a court of justice to suppose a design to effect such objects. ”

“ In short, this is an area 'of judicial decision within which the policy of the law is so dominated by the sweep of federal statutes that legal relations which they affect must be deemed governed by federal law having its source in those statutes, rather than by local law.' Sola Electric Co. ”

“ It is undoubtedly a general rule, that no court can give a direct judgment against the United States for costs, in a suit to which they are a party, either on behalf of any suitor, or any officer of the government. But it by no means follows, from this, that they are not liable for their own costs. No direct suit can be maintained against the United States. ”