Law Commons^™

The Proposed Michigan Judicature Act, Edson R. Sunderland

Articles

The Michigan Legislature, at its last session, passed an act (No. 286, Public Acts of 1913) providing for the appointment of a Commission to revise and consolidate the laws of the State relating to procedure. The Governor appointed Alva M. Cummins, J. Clyde Watt, and Mark W. Stevens as members of this commission, and the result of their labors has just appeared in the form of a proposed bill regulating the entire subject of procedure in all the courts of the State. The bill is a long one, embracing 565 printed pages, but it is much less voluminous than the …

The Form Of Summons Under The Recent Michigan Judicature Act, W. Gordon Stoner

Articles

It would be rather remarkable if in revising such a large portion of the statutes as was undertaken by the Commission on Revision and Consolidation of Statutes of the State of Michigan, appointed in 1913, which reported to the legislature the recently enacted Judicature Act (Public Acts of Michigan, 1915, § 314), some ambiguity or uncertainty were not to appear in the revision. The Judicature Act is no exception to the general rule, as the lawyer who attempts to begin suit by summons under it will discover at the very outset.

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Michigan Law Review

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament. Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here. In a few cases, and particularly in the decisions of the courts of North Carolina, offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

The Laws Of Jamaica, 1914, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1914

Published by authority

Ordinances, 1914, Trinidad And Tobago

Trinidad and Tobago

George R. Le Hunte, Governor

S.W. Knaggs, Deputy Governor

Legislating The Incumbent Out Of Office, W. Gordon Stoner

Articles

Under the English common law the officer's right or interest in the office which he held was regarded as a property right, an incorporeal hereditament.1 Largely because of the inherent difference between the nature and incidents of the public office at common law and those of the public office in this country, this conception never gained general acceptance here.2 In a few cases,3 and particularly in the decisions of the courts of North Carolina,4 offices have been asserted to be the property of the rightful incumbent. In these decisions the officer's right has been regarded as less absolute, perhaps, than …

The Laws Of Jamaica, 1913, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1913

Published by authority

Ordinances, Orders-In-Council, Rules, Regulations And Proclamations,1913, Saint Vincent

Saint Vincent

J. Hayes Sadler, Governor;

G. Gideon Murray, Administrator;

Edward Drayton, Acting Governor

Judicial Criticism Of Legislation By Courts, Charles G. Haines

Michigan Law Review

In the application of the doctrine of judicial review of legislative acts, the federal courts of the United States have not infrequently been criticised for usurping part of the functions of the legislature. The criticisms have increased to such an extent as to raise an issue of national significance. Recently, charges against the judiciary for the usurpation of legislative functions have been made rather frequently by the justices of our federal Supreme Comt. The late Associate Justice Harlan, dissenting in part from the reasoning of the majority of the court in the Standard Oil case, brought such a criticism against …

Ordinances, 1912, Trinidad And Tobago

Trinidad and Tobago

George R. Le Hunte, Governor

S. W. Knaggs, Acting Governor

The Laws Of Jamaica, 1912, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1912

Published by authority

The Laws Of Jamaica, 1912, Supplementary Volume, Jamaica

Jamaica

The Laws of Jamaica Supplementary Volume passed in the year 1912

Published by authority

Is A Judgment Open To Collateral Attack If Rendered Without Written Pleadings As Required By Statute, Or If The Writings Do Not Comply With The Statutory Requirements?, John R. Rood

Articles

It is believed that no good reason can be assigned for answering the above question in the affirmative. Certainly none has yet been discovered in a careful search of the cases involving the point. And yet the assurance and unanimity with which lawyers and judges give the affirmative answer to it on first thought is indeed remarkable. For instance, Mr. Justice FIELD in speaking for the Supreme Court of the United States, on the question as to whether a judgment is subject to collateral attack if one served with process is not permitted to make any defense when he appears …

A Surety's Claim Against His Bankrupt Principal Under The Present Law, Evans Holbrook

Articles

The peculiar three-sided relationship of principal, surety and creditor gives rise to many vexatious questions of law, and one of the most interesting of these vexatious questions is that of the relationship between surety and principal in the case of the latter's bankruptcy. Under such circumstances, the creditor's right is fairly simple; he may prove his debt against the principal, take such dividend as may be declared, and recover the balance of the debt from the surety, his remedy against the latter being expressly saved by Sec. 16 of the present Bankruptcy Act.1 But the position of the surety is …

The Laws Of Jamaica, 1911, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1911

Published by authority

The Judicial Code Of March 3, 1911, Robert E. Bunker

Articles

Near the close of its last session, the Sixty-first Congress passed an act entitled "An Act to codify, revise and amend the laws relating to the judiciary." Approved March 3, 1911, which, by its own terms, Sec. 296, is to be designated and cited as "THE JUDICIAL CODE." This act is to become operative on and after Jan. 1, 1912.

The Standard Oil Decision: The Rule Of Reason, Horace Lafayette Wilgus

Articles

After twenty-one years the Sherman Anti Trust Act has been applied to the typical combination restraining interstate commerce, which that act was designed to prevent.

Construction Of 'Survival Act' And 'Death Act' In Michigan, Thomas A. Bogle

Articles

It is known as the "Death Act." It was enacted in i848, amended in 1873, and follows closely Lord Campbell's Act. In the, construction of these acts, troublesome questions have arisen, difficulties have been encountered, different theories urged, different views entertained, different conclusions reached, and different opinions rendered, respecting the number of actions that can be maintained under them, the circumstances that invoke one rather than the other, the measure of damages applicable, respectively, and certain questions of practice as to the joinder of counts and the amendment of pleadings. The statement would hardly he justified that all these questions …

Power Of Governor-General To Expel Resident Aliens From Insular Territory Of The United States, Horace Lafayette Wilgus

Articles

In the case of Forbes et al. v. Chuoco Tiaco, decided by the Supreme Court of the Philippine Islands July 30, 1910, 8 Off. Gaz., p. 1778, some of the most interesting, important, and fundamental questions were presented and determined for the time being, but not settled, it is reasonably safe to say until passed upon by the Supreme Court of the United States. The questions involved were whether the Governor General of the Philippine Islands has the power to expel resident Chinese aliens without a hearing or an opportunity to be heard, and whether the Governor, if he exceeded …

The Laws Of Jamaica, 1910, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1910

Published by authority

The Laws Of Jamaica, 1909, Jamaica

Jamaica

The Laws of Jamaica passed in the year 1909

Published by authority

Constitutionality Of Legislation Designating Time And Manner Of Payment Of Wages, Ralph W. Aigler

Articles

Not infrequently the legislatures of various states have deemed it advisable to provide by law for the time and manner of payment of wages of men engaged in certain designated employments; and these laws have been the cause of considerable litigation. Their validity has been challenged mainly on the ground of deprivation of property without due process of law and denial of the equal protection of the law, the contention being that the refusal of the privilege of contracting for the manner and time of payment is a deprivation of liberty and property, and the classification of men in certain …

Canadian Legislation, 1909, George L. Clark

Articles

One of the most important matters of legislation enacted by the Canadian Parliament, during the session of 1909, was the law establishing the commission for the conservation of natural resources, (ch. 27, Statutes of Canada, 1909).

Divorce Laws And The Increase Of Divorce, Evans Holbrook

Articles

Along with the condemnation of the divorce evil has gone a very general disposition to condemn our divorce laws as being responsible for the evil. The committee on resolutions of the Congress on Uniform Divorce Laws in its report to the Congress at its adjourned session in Philadelphia, November 13, 1906, speaks of the "many evils engendered by the lax and unphilosophic system prevailing in many of the states."3 On this phase of the question also our late president gave his views in his special message to Congress on January 30, 1905, in the following words: "There is a wide-spread …

The Constitutionality Of The Federal Corporation Tax, Ralph W. Aigler

Articles

During the special session of Congress held the past summer there was enacted as an amendment to the new Tariff Law what is generally known as the Federal Corporation Tax.1 At the time of its consideration in Congress and since its enactment there has been considerable discussion regarding the constitutionality of the measure, and no little doubt has been expressed as to its validity.

Statutory Abolition Of Defense Of Insanity In Criminal Cases, John R. Rood

Articles

The great lengths to which the defense of insanity has been carried in homicide cases has induced numerous legislative attempts to abolish the evil; and the fate which such legislation has met and deserves at the hands of the courts is a matter of considerable interest.

Excerpts From Article In The Publishers Weekly For July 3, 1909 Summarizing Revision History, United States Congress

Legislative History – Copyright Act of 1909

THE COPYRIGHT CODE: ITS HISTORY AND FEATURES

The new copyright code became operative July 1, 1909, and is now in force. In view of its importance, a retrospect of its history and some further comment on its character may be of interest. …

(unsigned)

Excerpts From The Report Of The Register Of Copyrights For The Fiscal Years 1906-1907, 1907-1908 And 1908-1909, United States Congress

Legislative History – Copyright Act of 1909

"During the fiscal year covered by this report important motion has been taken in the direction of a revision of the copyright laws." …

Note And Comment, Edward A. Macdonald, J. Fred Bingham, Joel H. Prescott, Joseph F. Keirnan, Wendall A. Herbruck

Michigan Law Review

The Tight of a Trade Union to Enforce a Boycott; Criminal Responsibility of Husband for Maliciously Slandering His Wife; The Bulk Sales Laws; The Police Power and Liberty of Contract; The Obligations Resulting from an Indorsement, In Blank, Before Delivery, of a Negotiable Instrument

✪ An Act To Amend And Consolidate The Acts Representing Copyright ✪, United States Congress

Legislative History – Copyright Act of 1909

The Copyright Act of 1909 was a landmark U.S. law that governed copyright protection from March 4, 1909, until it was superseded by the Copyright Act of 1976. Although rarely needed, this law is still applied to certain categories of works created before January 1, 1978 that were not covered by the 1976 modifications.

The 1909 Act established key provisions for copyright law at the time, balancing the rights of creators with public access. It prescribed a copyright term of 28 years with the possibility of renewal for another 28 years, the requirement for publication with a copyright notice, and …