The Township Bonds of Missouri, Under the Act of March 23rd, 1868; Argument for the Constitutionality of the Law (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1877 Excerpt: ... 'ASSENT." The object here i to discue- " Assent" as a word quoted from Sec. 14 Art. XI, -nd show its import. I, Context.--The old books say that the words, the context, the subject matter, the spirit and reason, and the effects and the consequences are to be considered in understanding a statute. This may be said of organic law. Context is of two kinds: 1st. The reaction of associate sentences on a sentence involved. 2d. The reaction of associate words or phrases on a word or phrase involved. Certain words become as quagmires in the fields of jurisprudence. So with the word " fixtures." Sometimes it is used to signify personal fixtures. Sometimes to denote real fixtures. Sometimes to designate either or both. Bingham on Real Estate 452, 1S68. What will constitute a real or personal fixture depends on the relation of the parties as landlord and tenant, vendor and purchaser Ob administrator and heir. Yet these features are presentable solely by the context. The word " assent"--whether as yet a judicial pitfall or not will signify one thing in matters of ratiocination, another thing in matters of agreement, and another thing in matters of power, ' and in discussing such word, resort to the context is of primary importance. "At a Regular or Special Election."--Standing alone this context phrase imports a popular election and nothing but an election and nothing but an election decided by count of votes only. The proposition is to isolate this phrase for the purpose of analysis. It is true that all the words of Sec. 14 Art. XI must be read together, but the resultant can never be known except by ascertaining the separate forces which create it. "Two-Thirds."--This expression may mislead. It is not alone the arithmetical two-thirds. It does not signify t...