Ordinances

“ That the courts will not sanction any and every legislative regulation is clear in several decisions in which the validity of ordinances specifying the degree of intensity with which property should be used have been successfully attacked. ”

“ You are also to take care that in all Laws or Ordinances to be passed by Our said Legislative Council, in any case for levying money, or imposing Fines, Forfeitures and Penalties, express mention be made that the same are granted or reserved to Us, Our Heirs, and Successors for the public uses of the said Colony and the support of the Government thereof, as by the said Law or Ordinance shall be directed. ”

“ It is vouched throughout by reference to original Petitions and Rolls of Parliament, from 4 Edward III. the earliest known to the Writer to exist, to 27 Hen. VI. In this Treatise, the Form and Validity of Ordinances, as distinguished from Statutes, are stated much at length; and amongst other Things it is asserted that an Ordinance cannot make New or Permanent Law, nor repeal any Statute, but that temporary Provisions, consistent with the Law in force, may be made by way of Ordinance; and that an Ordinance may be repealed by a subsequent Ordinance without Statute. See Rot. Parl. ”

“ And thereupon they have exhibited their Petition unto us with a book annexed containing certain ordinances constitutions orders and oaths which they humbly desire may be observed and duly kept and put in execution and humbly beseeching us that all and every the said ordinance constitutions orders and oaths we would peruse and examine and them and every of them correct reform and amend and also allow ratify and approve after due manner and form as by the said Act of Parliament is required. ”

“ Through repentance, baptism and the laying on of hands man may receive the Holy Ghost. It will open his spiritual vision and he will begin to comprehend himself, the object of his creation, and his affinity to his Heavenly Father. Then through the further observance of all the ordinances of the Gospel, will the righteousness of God be revealed to him, from faith to faith, until by keeping the commandments and seeking after knowledge through the inspirations of the Holy Ghost, in time, he will reach that assurance of faith which is unto eternal life. ”

“ Bruffy, this court repeatedly has held that an order of a state commission, made in the exercise of delegated legislative authority, is a statute of the state in the sense of the jurisdictional provision. Excerpts from some of the cases-all brought here from state courts on writs of error-will suffice to show the course of decision.
'Such an order, being legislative in its nature and made by an instrumentality of the state, is a state law within the meaning of the Constitution of the United States and the laws of Congress regulating our jurisdiction.' Lake Erie & Western R. R. Co. ”

“ And that all acts, matters, and things done or to be done by all and every such justice and justices, or by authority derived or to be derived from him or them, are and shall be deemed and taken to all intends and purposes as the same respectively would have been if such person or persons had taken and subscribed such oath by the said herein before in part recited Act required to be taken and subscribed at some general or quarter sessions for such county, city and county, town and county, riding, or division for which he or they did or should act or intend to act. ”

“ We refer the marshal's jurisdiction, as pertaining only to the residential city of us the King, to the descriptions of the authority of that jurisdiction.
2-o We abrogate secular and ecclesiastical jurisdictions and small towns created within lands initially granted to cities, if they are hitherto within the property, only as to judicature and police; we subject these jurisdictions to the jurisdiction of the civic authorities, while we reserve all rents and incomes of any nature for the owners of these lands in the jurisdictions. ”

“ It must be recollected, sir, that we have repeatedly admitted the right of the Legislature to change, alter, modify, and amend the judiciary system, so as best to promote the interests of the people. We only contend that you shall not exceed or contravene the authority by which you act. But, say gentlemen, you forced this new office on the district judges, and this is in effect a new appointment. ”

“ When the Commissioner refuses to license any society, or revokes its authority to do business in this State, he shall reduce his ruling, order or decision to writing and file the same in his office, and shall furnish a copy thereof, together with a statement of his reason, to the officers of the society, upon request, and the action of the Commissioner shall be reviewable by proper proceedings in any court of competent jurisdiction within the State, * * *.'↑ 'An Act Providing for the Regulation and Control of All Fraternal Benefit Societies,' approved Mar. ”

“ The interpretation of laws by authority belongs only to the legislative power. Article 29. The executive power, as regulated by the Constitution, belongs to the King. Article 30. The judicial power is exercised by the courts and tribunals. Decrees and judgments are executed in the name of the King. Article 31. Interests exclusively communal or provincial, are regulated by the communal or provincial councils, according to the principles established by the Constitution. Chapter First.—Of The Chambers. ”

“ The King's commission to his governor, which grants the power of government, and directs the calling of a legislature, and the establishing courts, at the same time that it fixes the governor's power, according to the several powers and directions granted and appointed by the commission and instructions, adds, "and by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you, under our signet or sign manual, or by our order in our privy council." ”

“ II. According to the constitution of the General Assembly, to nominate and commissionate, the several judges, members and officers of the courts, whether magistratical or ministerial and all other civil officers, coroners, &c. and their commissions, powers, and authority to revoke at pleasure: provided, that they appoint none but such as are freeholders in the Province aforesaid, unless the General Assembly consent. ”

“ And it is further ordained, that all persons now holding any office of honor, profit, or trust, civil or military, under this State (members of the legislature excepted) , shall, within such time, and in such manner as the legislature shall prescribe, take an oath well and truly to obey, execute, and enforce this ordinance, and such act or acts of the legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same ”

“ The authority of the Legislature to repeal a charter is much broader than the judicial authority. It is expressly declared by the Constitution and by the law to be in the discretion of the Legislature. ”

“ The powers of government shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy; to wit, those which are legislative to one, those which are judiciary to another, and those which are executive to another. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly permitted. ”

“ It has been very properly said, on all sides, that this Act, declaring the rights of the citizens, and forming their government, divided it into three great branches, the legislative, executive, and judiciary, assigning to each its proper powers, and directing that each shall be kept separate and distinct, must be considered as a rule obligatory upon every department, not to be departed from on any occasion. ”

“ XXIII. That no act, law, or ordinance whatsoever, shall at any time hereafter, be made or done by the Governor of this province, his heirs or assigns, or by the freemen in the provincial Council, or the General Assembly, to alter, change, or diminish the form, or effect, of this charter, or any part, or clause thereof, without the consent of the Governor, his heirs, or assigns, and six parts of seven of the said freemen in provincial Council and General Assembly. ”

“ Regulations prescribed by the president and by the heads of departments, under authority granted by congress, may be regulations prescribed by law, so as lawfully to support acts done under them and in accordance with them, and may thus have, in a proper sense, the force of law ”

“ These limitations confront us at whatever point we consider American law and government. Sovereignty,—the people of the United States, or the people of a State,—has never delegated all its powers to government, and never any of them without limitations.353 Written constitutions are limitations of delegated powers. But powers delegated to what we commonly call a department,—as the legislative, the executive, or the judicial,—are sufficient for the necessary and proper performance of the functions (or as constitutional law would say, “execution of the office”) 165 of the department. ”

“ To exercise, exclusively, legislative authority at the seat of the general government, and over a district around the same not exceeding ——— square miles, the consent of the legislature of the state or states, comprising the same, being first obtained. ”

“ And it is Our further pleasure, that you do not propose or assent to any Ordinance whatever respecting the constitution, proceedings, numbers, or mode of appointing any of the Members of the said Legislative Council, or otherwise in relation to any of the matters mentioned or referred to in the said Charter, and in these Our Instructions, which shall be in any wise repugnant to, or inconsistent with such Charter, or Instructions, but that any such Ordinance, or pretended Ordinance, shall be absolutely null and void to all intents and purposes. ”

“ Know ye that John Milton Esquire, who hath Certified the annexed Copy of an Ordinance intitled “An Ordinance for the appointment of Deputies from this State for the purpose of revising the Fœderal Constitution”—is Secretary of the said State in whose Office the Archives of the same are deposited. Therefore all due faith, Credit and Authority are and ought to be had and given the same. ”

“ The proposition for a law is sent, at the pleasure of the king, to the Chamber of Peers or to that of the Deputies, except a law for the imposition of taxes, which must be sent first to the Chamber of Deputies. Article 18. Every law shall be freely discussed and voted by the majority of each of the two chambers. Article 19. The chambers have the power to petition the king to propose a law upon any subject whatsoever and to indicate what seems suitable for the law to contain. ”

“ All delegations, rules, regulations, orders, licenses, and other forms of administrative action made, issued, or otherwise taken under Executive Order 13047, not inconsistent with section 3 of this order and not revoked administratively, shall remain in full force and effect under this order until amended, modified, or terminated by proper authority. ”

“ The requisition of the public force within the interior of the realm belongs to the civil officers, according to the regulations determined by the legislative power.
11. If disorders disturb an entire department, the king, under the responsibility of his ministers, shall give the necessary orders for the execution of the laws and for the re-establishment of order, but subject to informing the legislative body thereof, if it is assembled, and of convoking it, if it is in recess.
12. The public force is essentially, obedient; no armed body can deliberate. ”

“ When a demand for license is made you should at once call upon the mayor of the town or city, or, if you are at work in the country, upon the sheriff or other proper officer, and call his attention to these decisions of the Supreme Court, and ask protection under them. ”

“ Where the head of a department acts in a case in which executive discretion is to be exercised, in which he is the mere organ of executive will, any application to a court to control, in any respect, his conduct, would be rejected without hesitation. ”

“ Be it ordained by the authority aforesaid, That there shall be appointed from time to time by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1,000 acres of land, while in the exercise of his office. ”

“ Among the earliest acts of the provincial legislature, which were approved, were an act for the prevention of frauds and perjuries, conform able to that of Charles II.; an act for the observance of the Lord’s day; an act for solemnizing marriages by a minister or a justice of the peace; an act for the support of ministers and schoolmasters; an act for regulating towns and counties; and an act for the settlement and distribution of the estates of persons dying intestate. ”

“ By various statutes powers are given to borough, county and district councils, to make by-laws for various purposes; corporate bodies, also, are empowered by their charters to make by-laws which are binding on their members. Such by-laws must be in harmony with the objects of the society and must not infringe or limit the powers and duties of its officers. ”

“ Construction of a statute must square with common sense and sound reasoning. Blalock v. State, 166 Ga. 465, 143 S. E. 426 (1928) .
Language in an ordinance will be given a reasonable and sensible interpretation in order to carry out the legislative intent and render an ordinance valid. ”