Statutes And Statutory Construction; Including A Discussion Of Legislative PowersÃ
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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1904. Not illustrated. Excerpt: ... chapter xvii. retroactive statutea 641 (463). Retroactive statutes regarded with disfavor.--Retrospective statutes relate to past acts and transactions. Retroactive statutes are those which operate on such acts and transactions and change their legal character or effect. Congress, as well as the states, are expressly forbidden by the federal constitution to pass any ex post facto law,1 and the states are forbidden to pass any law impairing the obligation of contracts.2 As retrospective laws are generally unjust and in many cases oppressive, they are not looked upon with favor. Says the court in Montpelier v. Senter,3 "Retrospective legislation is not favored, and is prohibited by the constitution of some of the states, as being highly injurious, oppressive and unjust; and nowhere will retrospective effect be given to a statute unless it appears that it was the intent of the legislature that it should have such effect." And the supreme court of Minnesota says: "Again, it is a well settled rule that laws are not to be construed retrospectively, or to have a retrospective effect, unless it shall clearly appear that it was so intended by the enacting body, and unless such construction is absolutely necessary to give meaning to the language used."4 642. Statutes operate prospectively only unless intent clear to the contrary.--The general rule is that statutes will be construed to operate prospectively only, unless an intent to the contrary clearly appears. It is said "that a law will not be given a retrospective operation, unless that intention has been manifested by the most clear and unequivocal expression."5 And in another case: "The rule is that statutes are prospective, and will not be construed to have retroactive operation unless the language emp...
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