Statutory instrument

“ Registration laws are of statutory origin, and the statute must in each case be examined to determine what instruments are to be recorded, where they are to be recorded, and the effect of a failure to record. ”

“ We note first that this case involves an agency's interpretation of a regulation and not a statute.
When faced with a problem of statutory construction, this Court shows great deference to the interpretation given the statute by the officers or agency charged with its administration.
. . . .
When the construction of an administrative regulation rather than a statute is in issue, deference is even more clearly in order. ”

“ The liability of an instrument to a stamp duty, as well as the amount of such duty, is determined by the form and face of the instrument, and cannot be affected by proof of facts outside of the instrument itself. ”

“ Every document purporting to be an instrument made or issued by the Chief Executive or other authority or person in pursuance of this Ordinance or of any regulation made hereunder and to be signed by or on behalf of the Chief Executive or such other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Chief Executive or that authority or person. ”

“ Even apart from a statutory command, it is common sense to permit the simple, speedy, and inexpensive processes of the administrative machinery to sift the facts and compile a complete record for the benefit of any reviewing courts. ”

“ It must therefore be treated, for the purposes of our jurisdiction, as an act of legislation proceeding from the lawmaking power of the state; for a municipal ordinance passed under authority delegated by the Legislature is a state law within the meaning of the Federal Constitution; and any enactment, from whatever source originating, to which a state gives the force of law, is a statute of the state within the meaning of Judicial Code, § 237, * * * which confers jurisdiction upon this court. ”

“ Regulations. Under the Constitution of the United States, rules for the government and regulation of the army must be made by Congress. Regulation implies regularity; it signifies fixed forms; a certain order; method; precise determination of functions, rights, and duties. (See Military Regulations.) A “regulation” of an executive department is a rule by the head of such department for its action, under a statute conferring such power, and has the force of law; a mere order of the President, or of the Secretary of the department, is not a regulation. ”

“ The statutory requirement is that these injunctions 'shall be specific in terms, and shall describe in reasonable detail, and not by reference to the bill of complaint or other document, the act or acts sought to be restrained.' 38 Stat. ”

“ 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 Committee of Public Safety is authorised to take every possible measure for the prompt execution of the present decree, while inviting men of letters and artists to co-operate and to compose inscriptions. ”

“ Sometimes, indeed, the general power conferred upon a subordinate officer carried with it authority to establish such tribunals; as, for example, the power conferred upon a military commander to establish a civil government, carried authority to establish tribunals with civil as well as criminal jurisdiction in the territory governed, for the administration of justice. ”

“ Resolved, That section 8, Rule V, General Rules and Regulations, all classes, be struck out and the following substituted therefor:
8. Whenever an officer shall apply for a renewal of his license for the same grade, the presentation of the old license with oath of officer shall be considered sufficient evidence of his title to renewal, which old license and oath of office shall be retained by the inspectors upon their official files as the evidence upon which the license was renewed. ”

“ Organic laws, before their promulgation, and the rules of procedure of the Parliamentary assemblies, before their application, must be submitted to the Constitutional Council, which pronounces on their conformity with the Constitution. ”

“ 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. ”

“ 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. ”

“ In a word, it has communicated to them, if ratified by the department which it has specially provided for the making of them, the rank of law—or it has spoken without meaning. And if it has elevated them to that rank, it is idle to attempt to raise them to it by ordinary legislation. ”

“ Whenever the act of any state, whether legislative, executive, or judiciary, shall be attested and exemplified under the seal thereof, such attestation and exemplification shall be deemed in other states as full proof of the existence of that act ”

“ And these our letters patent or the enrolment thereof shall be good and effectual in the law to the said Master Wardens and Commonalty and their successors to all intents constructions and purposes against us our heirs and successors forever, any Act of Parliament statute law provision proclamation restraint or other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding. ”

“ 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. ”

“ 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. ”

“ In issuing such certificates, the Commission has 'the power to attach to the issuance of the certificate and to the exercise of the rights granted thereunder such reasonable terms and conditions as the public convenience and necessity may require.' § 7 (e) .
Hearings under § 7 (e) for permanent certification are time consuming. ”

“ The Registrar and every inspector when exercising any power under this Act are required to declare their office and produce their authority in writing to any person affected by the exercise of that power. ”

“ After the field has been specified, the principal charge must be mentioned first, and no charge can take precedence of a bend, fess, pale, pile, chevron, cross, or saltire, except one of themselves. If there be any reason for a subdivision those charges must stand by themselves, and might be termed the honourable ordinaries, but I can see no reason for treating the chief, the quarter, the canton, gyron, flanche, label, orle, tressure, fret, inescutcheon, chaplet, bordure, lozenge, fusil, mascle, rustre, roundel, billet, label, shakefork, and pairle, as other than ordinary charges. ”

“ Registers and clerks are required to file such instruments, presented to them for that purpose, and indorse thereon the time of receiving same, and keep them deposited in their offices for the inspection of the persons interested. ”

“ In every province of our Kingdom which is under our legal authority, we decree that two prudent and trustworthy men, whose names must be sent to our court, shall be appointed and bound by a formal oath, under whose inspection electuaries and syrups and other medicines be prepared according to law and only be sold after such inspection. ”

“ 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. ”

“ In 2 Pet., 662, 'A legislative act is to be interpreted according to the intention of the legislature, apparent upon its face. Every technical rule, as to the construction or force of particular terms, must yield to the clear expression of the paramount will of the legislature.' In Paine, 11, 'In doubtful cases, a court should compare all the parts of a statute, and different statutes in pari materia, to ascertain the intention of the legislature.' So in 1 Brock., 162. In the construction of statutes, one part must be construed by another. ”

“ There is a very large number of positions now under the civil service rules, the duties of which are more or less quasi-judicial, such as the examiners in the Patent Office, and many division chiefs and high grade clerks in various departments who have to prepare the decision of cases. ”

“ Section IV. Be it further enacted by the Authority aforesaid that the said Trustees and their Successors shall have full Power and Authority to use one common Seal with such Device and Inscription thereon as they shall think proper under and by which all Deeds, Certificates and Acts of the said Corporation shall pass and be authenticated, and the said Seal to break, alter and renew at their Pleasure. ”

“ An appeal to the chief registrar in the case of the refusal of an assistant registrar to register a society or an amendment of rules, and in the case of suspension or cancelling of registry, is interposed before appeal is to be made to the High Court. ”

“ The court has had frequent occasion to determine what is meant in the statute providing for review of cases in which the jurisdiction of the court is in issue, and it has been held that the statute means to give a review, not of the jurisdiction of the court upon general grounds of law or procedure, but of the jurisdiction of the court as a Federal court. ”

“ All claims of every description whatever, whether arising under patents, grants, concessions, or orders of survey, were required to be submitted to the board of commissioners for confirmation, or to be submitted to Congress for final action, before their validity could be recognized, and all claims reported upon by the commissioners, whether founded upon a complete or an incomplete title, were subject to the provisions of the act of Congress of May 23, 1828, and barred in accordance with its provisions. ”

“ 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. ”

“ In the choice of the mode, your commissioners are of opinion, that a convention of deputies from the different states, for the special and sole purpose of entering into this investigation, and digesting a plan for supplying such defects as may be discovered to exist, will be entitled to a preference, from considerations which will occur without being particularised. ”

“ No officer, whether civil or military, shall, while in the service of the Government of the Protectorate, acquire or hold any right or interest under any prospecting right, licence to prospect, or mining lease, and any licence or lease purporting to confer any such right or interest on any such officer shall be null and void. ”

“ 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 text of the Ordonnance de la Marine of 1681, and the opinions of Pardessus and other continental jurisconsuls, were referred to as the sources from which the principles embodied in the act of congress were derived. ”

“ It purports to be founded on certain regulations of the army, which are spread over the record, and which received the sanction of the president in 1821 and 1825. The 67th article of the regulations of 1821, provides as follows: '1. The chief of the corps of engineers shall be stationed at the seat of government, and shall be charged with the superintendence of the corps of engineers, to which that of the topographical engineers is attached; he shall also be inspector of the military academy, and be charged with its correspondence. ”