Letter of the law

“ Everything in the world may be attacked; for though a thing be in accordance with the spirit of the law, almost always, in a greater degree or less, it fails to satisfy the letter, and the courts must hold to the letter. ”

“ It is no doubt true that in this country judges are bound by the fundamental written law, but they are not bound to sacrifice its main underlying purpose upon a given subject to the mere letter. The principle is as firmly rooted in our jurisprudence as in that of any country, that the mere technical letter of the text must give way to the clear purpose of the ordinance or law as gathered from a reasonable interpretation of the whole of the law bearing upon the particular subject ”

“ Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. ”

“ It is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain, and if the law is within the constitutional authority of the lawmaking body which passed it, the sole function of the courts is to enforce it according to its terms. ”

“ 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. ”

“ When the code of laws is once fixed, it should be observed in the literal sense, and nothing more is left to the judge, than to determine, whether an action be, or be not conformable to the written law. ”

“ Mr. G. H. Williams, Attorney-General, and Mr. S. F. Phillips, Solicitor-General, contra:
No canon for the interpretation of statutes justifies a reference to what was said by particular members of the legislature on the discussion of a bill which subsequently became a law. ”

“ ANDROS
I have here the original court order, declaring your charter forfeit, and I shall now trouble your Charter Committee to produce the original document.
TREAT
One moment, sir. Has not every Englishman a right to defend his case before a court of law? ”

“ The fourteenth section of the Judiciary Act granted to all the courts power to issue writs of scire facias, habeas corpus, and all other writs necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law ”

“ In political life the letter of the statute book is always in process of modification by custom and convenience. No state which is expanding can hope to keep the letter of its constitution up to date; the changes are too rapid, too subtle. ”

“ The statute is as follows: 'Every person who shall wilfully print, publish, edit, issue, or knowingly circulate, sell, distribute or display any book, paper, document, or written or printed matter, in any form, advocating, encouraging or inciting, or having a tendency to encourage or incite the commission of any crime, breach of the peace, or act of violence, or which shall tend to encourage or advocate disrespect for law or for any court or courts of justice, shall be guilty of a gross misdemeanor;' Rem. ”

“ It is the proper function, indeed the obligation, of the judiciary to give effect to the obvious purpose of the Legislature, and to that end "words used may be expanded or limited according to the manifest reason and obvious purpose of the law. ”

“ A statement of facts agreed by the parties, or, technically speaking, a case stated, in an action at law, doubtless waives all questions of pleading, or of form of action, which might have been cured by amendment, but it cannot enable a court of law to assume the jurisdiction of a court of equity. ”

“ When, therefore, in an ordinary trial in an action at law we speak of the common law we refer to the law of the state as it has been adopted by statute or recognized by the courts as the foundation of legal rights. It is in regard to decisions made by the state courts in reference to this law, and defining what is the law of the state as modified by the opinions of its own courts, by the statutes of the state, and the customs and habits of the people, that the trouble arises. ”

“ It is, therefore, the opinion of this Court, that so much of the said decree as is contrary to this opinion, be REVERSED and ANNULLED, and that the same be, in all other respects, AFFIRMED; and the cause is remanded to the said Circuit Court, with directions to reform the said decree according to this opinion, and to do all other things therein as equity and justice may require. In taking any account between any of the parties which may be necessary for giving effect to this order, interest is to be computed according to law and usage. ”

“ The language of the great charter is, that no freeman shall be taken or imprisoned but by the lawful judgment of his equals, or by the law of the land. And many subsequent old statutes expressly direct, that no man shall be taken or imprisoned by suggestion or petition to the king or his council, unless it be by legal indictment, or the process of the common-law. ”

“ Likewise an attorney, notary-public, or any other person, who shall presume to draw up, negotiate, of even to witness a bill of sale, or other instrument for such commitment, &c. offends equally against the law, because "All, or any person or persons, that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation; or shall be advising, aiding, or assisting in the same, or any of them," are liable to all the penalties of the act. ”

“ The reference made by the gentleman from Allegany (Mr. Thruston) to the article on the judiciary does not remove the difficulty at all, because the words there are; precisely the same as those used in the hill of rights. "Removable for misbehavior, on conviction in a court of law, or by the Governor, on the address of the General Assembly, provided that two thirds of the members of each House shall concur in such address." Now I want some general law, providing for full notice, and a fair trial, and I want it in both places, in the Declaration of Bights and the article on the judiciary. ”

“ The traditional use of the writ in aid of appellate jurisdiction both art common law and in the federal courts has been to confine an inferior court to a lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when it is its duty to do so. ”

“ Its interpretation is accepted as the true interpretation, whatever may be our opinion of its original soundness. It becomes a part of the statute, as much so as if incorporated into the body of it, and in following the statute as thus interpreted we only apply to a local question the law of the place. ”

“ There is a general clause empowering any justice of the peace, notary public, or other officer now by law authorized to administer an oath, to take and receive the declaration of any person voluntarily making the same before him in the form in the schedule to the Act annexed ; and if any declaration so made shall be false or untrue in any material particular, the person wilfully making such false declaration shall be deemed guilty of a misdemeanour. ”

“ That authority to forward a letter is not an authority to break it open; that if, even with good motives, the defendants broke open the plaintiffs' letter to their attorney without authority, it was a violation of the legal rights of plaintiffs. ”

“ Of the binding obligation, and conclusiveness of decrees in equity where the parties and the subject-matter of such decrees are within the regular cognizance of the court pronouncing them, and of their equality in dignity and authority with judgments at law, we have already spoken. It remains for us only to consider what may be legally intended or concluded from the pleadings in this cause as to the territorial extent of jurisdiction in the court whose decree is made the foundation of this action. ”

“ Looking into the bill, however, the only exception that we find there taken is thus stated: 'The defendants there and then excepted to the ruling of the court and the law as declared by the court, viz.;' and then follow the findings of fact and conclusions of law made and filed by the court. ”

“ Within the limits of the statutes, citizens shall have the right of secrecy of correspondence.
(f) Within the limits of the statutes, citizens shall have the right of abode and of changing the same.
(g) Within the limits of the statutes, citizens shall have the right of religious belief.
Article 6. In accordance with the provisions of the statutes, citizens shall have the right of petitioning the Legislature.
Article 7. In accordance with the provisions of the statutes, citizens shall have the right to institute proceedings in the Courts of Law. ”

“ Considerations of hardship often lead courts, naturally enough, to attribute to a statute the requirement of a certain mental element some consciousness of wrongdoing and knowledge of the law's command-as a matter of statutory construction. ”

“ For although courts sometimes have been slow to extend the effect of statutes modifying the common law beyond the direct operation of the words, it is obvious that a statute may indicate a change in the policy of the law, although it expresses that change only in the specific cases most likely to occur to the mind. ”

“ The only sound principle is to declare ita lex scripta est, to follow, and to obey. Nor, if a principle so just and conclusive could be overlooked, could there well be found a more unsafe guide in practice than mere policy and convenience.' Story, Const. § 426. 'I shall always deem it a duty to conform to the expressions of the legislature, to the letter of the statute, when free from ambiguity and doubt ”

“ Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights. The persons who may approach a court are―
‘39. (1) When interpreting the Bill of Rights, a court, tribunal or forum―
(2) When interpreting any legislation, and when developing the common law or customary law, every court, tribunal or forum must promote the spirit, purport and objects of the Bill of Rights.’ ”

“ The Judicature Acts and Rules have had the effect of abolishing all the forms of “action” used at the common law and of creating one common form of legal proceeding for all ordinary controversies between subjects in whatever division of the High Court. The stages in an English action are the writ, by which the persons against whom relief is claimed are summoned before the court ”

“ Let it be lawful for no one, therefore, to infringe this our letter of exhortation, requisition, monition, statute, declaration, renewal, will, and decrees, or with rash daring to go contrary thereunto. ”

“ We emphasized that 'there was clear danger, imminent and immediate, that unless restrained, appellants would succeed in making (the state) policy a dead letter * * *.' 336 U.S. at page 503, 69 S.Ct. at page 691. ”

“ It remains only to consider the fifth finding made by the court below. When the text of that finding is analyzed, we think it but embodies an inference of law deduced by the court from its consideration of the report of the Public Printer made in answer to the Senate inquiry, and the court's construction of the provisions of the act of 1897. ”

“ In many of the states, indeed, including some of those above mentioned, the right to sue out a writ of error, or to take an appeal in the nature of a writ of error, in criminal cases, has been given to the state by positive statute. ”

“ Independent of authority, it is clear, on principle, that the exercise of the appellate power is not limited to any particular form. When the object is to revise a judicial proceeding the mode is wholly unimportant, and a writ of habeas corpus, mandamus, certificate of division, writ of error, appeal, or certiorari may be used, if the legislature so determine. ”

“ No, sir. The Judiciary are our security. The Legislature may enact penalties, and denounce punishments against those who do not yield obedience to their unconstitutional acts; their penalties cannot be exacted, nor punishments inflicted, without the judgment of a court. The judges are to expound the law, and that fundamental, paramount law, the constitution. To this purpose they are sworn to support the constitution. ”

“ The State where the lands sought to be reached are situate has, by statute, enabled her courts to entertain jurisdiction of necessary parties not within reach of process, and greatly modified the rules of practice and pleading. ”

“ We disagree and, once again, begin our inquiry by examining the language of the statute. When interpreting a statute, "courts must strive to give effect to each subsection contained in a statute, indeed, to give effect to each word and phrase." ”

“ But the obedience thus due is not a blind obedience, acting upon the letter of the judgment affirmed, or mandate ordered, without any consideration of the rights of persons not parties to the litigation in which the judgment was entered. ”

“ The chief justice of the supreme court of the territory, having refused to allow the writ on the petition therefor and assignment of errors heretofore referred to, the writ was allowed by a justice of this court. ”

“ Certain provisions of the Civil Code and the Code of Practice, as well as a number of decisions of the supreme court of the state, are relied upon to support this view all which we shall now consider. ”

“ Because an exposition of the law publicly made, and repeatedly confirmed by the constituted authority, carries with it, by fair inference, the sanction of those who, having made the law through their legislative organ, appear, under such circumstances, to have determined its meaning through their judiciary organ. ”