The main object of all such legislation is to secure the residence of the owners on the land.
This legislation marks another step forward.
Moreover, the procedure of the Houses practically places the control of legislation in the hands of ministers.
In accordance with this general verdict of all the states, the colonial draft bill was submitted to the imperial government for legislation as an imperial act; and six delegates were sent to England to explain the measure and to pilot it through the cabinet and parliament.
The legislation on Mt Sinai (Horeb) which apparently occupies a very important place in tradition (Exod.
In all this legislation one of the most hotly contested points was whether the arbitration court should be given power to lay it down that workers who were members of a trade union should be employed in preference to non-unionists.
It is needless to say that he protested against the ecclesiastical legislation of 1867 and 1873.
The Concordat of 1856 and consequent legislation restored matrimonial jurisdiction to the courts Christian over marriages between Roman Catholics.
The Commonwealth legislation thus made provision for the aged poor in the three states which up to 1908 had not accepted the principle of old age pensions, and also for those who, owing to their having resided in more than one state, were debarred from receiving pension in any.
Next year he was returned to parlement by the arrondissement of Pontarlier; but the work of legislation was ill-suited to him.
A similar system was introduced into South Australia by an act passed in 1900 amending the Factory Act of 1894, which was the first legislation of the sort passed in that state.
His ecclesiastical legislation, too, met with bitter opposition from the Church.
In Austria, the ancient ecclesiastical jurisdiction was taken away by various acts of legislation from 1781 to 1856; even voluntary jurisdiction as to dispensations.
Labor legislation is backward in Italy, on account of the late development of manufacturing industry and of working-class organization.
Comparative Legislation, xix.
Instead, however, of proceeding with the work of practical legislation, accepting the Instrument of Government without challenge as the basis of its authority, the parliament immediately began to discuss and find fault with the constitution and to debate about "Fundamentals."
The Napoleonic legislation re-established the appel comme d'abus ("Articles organiques," art.
The French system of taxation was maintained because it brought in ampler revenues; but feudalism, the antiquated legislation and bureaucracy were revived, and all the officers and officials still living who had served the state before the Revolution, many of them now in their dotage, were restored to their posts; only nobles were eligible for the higher government appointments; all who had served under the French administration were dismissed pr reduced in rank, and in the army beardless scions of the aristocracy were placed over the, heads of war-worn veterans who had commanded regiments in Spain and Russia.
Alcohol has undergone various oscillations, according to the legislation governing distilleries.
As the result of a long series of legislation, beginning with him and ending with Catherine II., all church property of every kind was transferred to secular administration, allowances, according to fixed scales, being made for ministers, monks and fabrics (op. cit.
Rafferty in Journal of the Society of Comparative Legislation, New Series, xvii., xx.
New South Wales was the first country which endeavoured to settle its labour grievances through the ballot-box and to send a great party to parliament as the direct representation of Labour, pledged to obtain through legislation what it was unable to obtain by strikes and physical force.
It supports the government as the power alone capable of promoting legislation, but its support is given only so long as the measures of the government are consistent with the Labour policy.
- Jeremy Bentham, An Introduction to the Principles of Morality and Legislation; Henry Maine, Ancient Law; C. B.
- Although the legal basis for the final stage is found in the legislation of the time of Moses (latter part of the second millennium B.C.), it is in reality scarcely earlier than the 5th century B.C., and the Jewish theory finds analogies when developments of the Levitical service are referred to David (I Chron.
All his acts were opposed, legislation was at a standstill and every effort was made to force Dr Saenz Pena to resign.
The reign of this duke was long remembered as a period of internal prosperity, wise legislation and important public enterprise.
by which the pope gave up the right of hearing appeals from France was not many years before the legislation of Henry VIII.
Taking the states as a whole, agrarian legislation has been the most important subject that has engrossed the attention of their parliaments, and every state has been more or less engaged in tinkering with its land laws.
The efficacy of this legislation is in its administration, the language in which coloured aliens are usually tested being European.
No legislation by means of the budget is allowed, i.e.
When the results proved unsatisfactory, remedies were sought in increased administrative supervision, draconian legislation and severe punishment, and no attempt was made to get out of the vicious circle.
Legislation had to be entirely reformed, and the bill for abolIshing the special jurisdiction for the clergy (foro ecclesiastico) and other medieval privileges aroused the bitter opposition of the Vatican as well as of the Piedmontese clericals.
Italian charity legislation was reformed by the laws of 1862 and 1890, which attempted to provide efficacious protection for endowments, and to ensure the application of the ir.come to the purposes for which it was intended.
In default of legislation the necessary measures are taken by decree of the head of the state; these decrees having the force of law.
It is thus different from legal fiction, by which a new rule is introduced surreptitiously, and under the pretence that no change has been made in the law, and from statutory legislation, in which the obligatory force of the rule is not supposed to depend upon its intrinsic fitness.
It is probable that very little of this moral legislation was enforced in practice, though special efforts were made under the government of the major-generals.
Gaudry, Traite de la legislation des cultes (Paris, 1854); W.
Charles opened a small business as an apothecary in Dublin, and between 1735 and 1741 he began his career as a pamphleteer by publishing papers on professional matters which led to legislation requiring inspection of drugs.
Numerically insufficient to reject such measures, and lacking the fibre and the cohesion necessary for the pursuance of a far-sighted policy, the Right thought prudent not to employ its strength in uncompromising opposition, but rather, by supporting the government, to endeavour to modify Radical legislation in a Conservative sense.
p. 334), as a result of Tridentine legislation.
As railway building increased in response to traffic needs, and as the consolidation of short lines into continuous systems proceeded, legislation applicable to railways became somewhat broader in scope and more intelligent.
This demand has in many instances led to ill-considered legislation, has frequently ignored the prerogatives and even the existence of the state commissions, and has brought about the passage by state legislatures of maximum freight and passenger rate laws, with rates so low in many cases that they have been set aside by the courts as unconstitutional.
But many of the laws were quite unsuitable for the circumstances of his age, and the belief that a body of intricate and even contradictory legislation was imposed suddenly upon a people newly emerged from bondage in Egypt raises insurmountable objections, and underestimates the fact that legal usage existed in the earliest stages of society, and therefore in pre-Mosaic times.
There is also an unmistakable development in the laws; and the priestly legislation, though ahead of both Ezekiel and Deuteronomy, not to mention still earlier usage, not only continues to undergo continual internal modification, but finds a further distinct development, in the way of definition and interpretation, outside the Old Testament - in the Talmud.
On this subject many monographs and larger works have been published in recent years, but dealing rather with such questions as trade unionism, co-operation and factory legislation, than the structure and organization of particular industries, or the causes and the results of the formation of the great combinations, peculiarly characteristic of the United States, but not wanting in England, which are amongst the most striking economic phenomena of modern times.
Napoleon's powers as First Consul for Life were so wide as to render much extension both superfluous and impossible; but we may note here that the senate now gained a further accession of authority at the expense of the two legislative bodies; and practically legislation rested with the emperor, who sent his decrees to the senate to be registered as senatus consulta.
Napoleon's chief aversion, the tribunate, was also divided into three sections, dealing with legislation, home affairs and finance - a division which preluded its entire suppression in 1807.
Positive law, at least in progressive societies, is constantly tending to fall behind public opinion, and the expedients adopted for bringing it into harmony therewith are three, viz, legal fictions, equity and statutory legislation.
In conformity with this determination the various state legislatures enacted new laws or amended the existing laws to cope with the difficulty; these remained until they were in effect superseded by Commonwealth legislation.
An important undertaking, known as the Agricultural Inquiry, brought to light vast quantities of information valuable for future agrarian legislation.
The foreseen adverse termination of this long-drawn cause led to Henry's legislation.
On the history of railway legislation in England, see Cohn, Untersuchungen fiber die Englische Eisenbahnpolitik (Leipzig, 1874-83).
H.) British Railway Legislation The first thing a railway company in Great Britain has to do is to obtain a special or private act of parliament authorizing the construction of the line.
More recently legislation has beenassed to safeguard the lives and interests of Hours of P g Lab ur.
Y.) American Railway Legislation Before 1870.
- The earliest legislation is contained in charters granted by special act, for the construction of railways.
In the west, general laws came rather as a result of the abuses of special legislation.
Early legislation was confined almost entirely to matters of construction.
Railway legislation first assumed importance in connection with the " Granger Movement " in the middle west.
This preferential and discriminating policy, combined with other causes which cannot here be discussed, resulted in 'the Granger legislation of.
Twenty years of experience and observation had revealed the defects of the earlier legislation, and had concentrated public attention more intelligently than ever before upon the problem of strengthening the weak spots.
Mention should be made of the mass of general legislation passed, principally by western states, since 1905, in response to a popular demand for lower rates.
In the field of federal legislation, no significant change took place until the passage of the Hepburn Act of 1906, which was an amendment of the act of 1887.
Meyer, Railway Legislation in the United States (New York, 1903); F.
Dixon, " Recent Railroad Commission Legislation," Political Science Quarterly, xx.
The bill was withdrawn on the 11th of August 1903, Lord Morley appealing to the Board of Trade to bring in a more comprehensive measure to amend the unsatisfactory state of legislation in relation to tramways and light railways.
Lastly, the earliest codes of Hebrew legislation (Ex.
- The book of Deuteronomy was the product of prophetic teaching operating on traditional custom, which was represented in its essential features by the two codes of legislation contained in Ex.
The strong impress of Hebrew prophecy is to be found in the deeply marked ethical spirit of the Deuteronomic legislation.
Thus the priesthood is still further restricted as compared with the restriction already noted in the Deuteronomic legislation.
The development of the priestly code of legislation (Priestercodex) was a gradual process, and probably occupied a considerable part of the 5th century B.C. The Hebrew race now definitely entered upon the new path of organized Jewish legalism which had been originally marked out for it by Ezekiel in the preceding century.
He was undoubtedly an extremely able soldier and a skilful statesman, and much of his legislation shows a real political sense; but his inordinate ambition, his oppressive methods of government and taxation, and his cruelty created enemies on all sides, and led to the collapse of the edifice of dominion which he had raised.
(the literary growth of legislation).
From the synod at Elvira in the 4th century this process began, and it was continued in the West-Gothic Church legislation, in the Lateran councils (especially the fourth in 1215), and in the council of Trent (1563).
As time went on, a more progressive policy intervened, the special form of Jewish oath was abolished in 1846, and in 1848, as a result of the revolutionary movement in which Jews played an active part, legislation took a more liberal turn.
In 1830 the first Jewish emancipation bill was brought in by Robert Grant, but it was not till the legislation of 1858-1860 that Jews obtained full parliamentary rights.
It was during his control of the Erie that he and Fisk entered into a league with the Tweed Ring, they admitted Tweed to the directorate of the Erie, and Tweed in turn arranged favourable legislation for them at Albany.
The constitution goes into minute detail in prohibiting local, private and special legislation.
The public school system, established in 1846, never was universal, because of special legislation for various counties; public education was retarded during the Civil War and the Reconstruction period (when immense sums appropriated for schools were grossly mismanaged), but conditions gradually improved after 1875, especially through the concentration of schools.
He established the freedom of the instrumentalities of the national government from adverse legislation by the states; freedom of commerce between the different states; the right of Congress to regulate the entire passenger traffic through and from the United States, and the sacredness of public franchises from legislative assault.
The commander was bound by the advice of his brethren; and in the same way the general chapter of the Order, consisting of the landmeisters and the great dignitaries, formed an advisory board to the grand master in matters such as treaties and internal legislation.
The opposition was now continued by Linguet and Necker, who in 1 775 published his treatise Sur la legislation et le commerce des grains.
With the physiocrats, he believed in an enlightened absolutism, and looked to the king to carry through all reforms. As to the parlements, he opposed all interference on their part in legislation, considering that they had no competency outside the sphere of justice.
Disappointed after his return to England in 1788 in the hope which he had entertained, through a misapprehension of something said by Lord Lansdowne, of taking a personal part in the legislation of his country, he settled down to the yet higher task of discovering and teaching the principles upon which all sound legislation must proceed.
The great work, upon which he had been engaged for many years, the Principles of Morals and Legislation, was published in 1789.
To be judged fairly, Bentham must be judged as a teacher of the principles of legislation.
As a teacher of legislation he inquires Of all institutions whether their utility justifies their existence.
To trace the results of his teaching in England alone would be to write a history of the legislation of half a century.
About the time of his entering the India House Mill read Dumont's exposition of Bentham's doctrines in the Traite de Legislation, which made a lasting impression upon him.
The methods applied to economics in the 18th and the early part of the 19th century were no more invented with a special view to that subject than the principles of early railway legislation, in the domain.
We can show, for example: (1) that the Statute of Apprenticeship did not stand alone; it was one of a long series of similar measures, beginning more than two centuries before, which in their turn join on to the municipal and gild regulations of the middle ages; one of an important group of statutes, more or less closely interwoven throughout their history, administered by local authorities whose functions had grown largely in connexion with this legislation and the gradual differentiation of the trades and callings to which it related.
No sane person would suppose that the minutes of a modern legislative body explain the steps by which legislation has been passed, or the issues really involved.
Under the constitution of 1802, municipal corporations were established by special legislation.
The system of classification adopted in time became so elaborate that many municipalities became isolated, each in a separate class, and the evils of special legislation were revived.
The supreme court in June 1902 decided that practically all the existing municipal legislation was special in character and was therefore unconstitutional.
Germann, National Legislation concerning Education, its Influence and Effect in the Public Lands east of the Mississippi River, admitted prior to 1820 (New York, 1899); J.
Powers of granting building and other leases have been conferred by modern legislation on municipal corporations and other local authorites.
As regards domestic legislation, the President, in general, assumed the role of moderator.
The more recent legislation with regard to " petroleum spirit " relates mainly to the quantity which may be stored for use on " light locomotives."
The body of the tenants-in-chief continued to limit the power of the crown: their consent was necessary to legislation, and grants of fiefs could not be made without their permission.
Like the nobles, again, the burgesses had the right of confirming royal grants and of taking part in legislation; and they may be said to have formed - socially, politically and judicially - an independent and powerful estate.
In the meantime he had done much useful work, especially that of laying down, conjointly with Merlin of Douai, the principles on which the legislation of the revolutionary epoch should be codified.
He acknowledged the royal right to veto the legislation of national synods.
By his economic legislation Solon placed Athenian agriculture once more upon a sound footing, and supplemented this source of wealth by encouraging commercial enterprise, thus laying the foundation of his country's material prosperity.
After the reign of Leovigild the legislation of the Visigoths underwent a transformation.
Brunner, Deutsche Rechtsgeschichte (2nd ed., Leipzig, 1906); Urena y Smenyaud, La Legislation Gotico-hispana (Madrid, 1905).
He had long had the ear of the Chamber in matters of social legislation, and after the Panama scandals had discredited so many politicians his influence grew.
By 1520 philanthropic churchmen directed their attention to the miserable conditions of the natives; but remedial legislation was largely nullified by the rapacity of subordinate officials, and before the end of the 16th century the natives disappeared as a distinct race.
In 1536 legislation for changing the method of general government and regulating common pasturages and public property caused extreme dissatisfaction, but for many years thereafter the form of control alternated between alcaldes selected by the inhabitants and annual governors appointed by the Council of the Indies.
Its political leaders in the House of Delegates are restive under the control exercised by the Executive Council, but an attempt to hold up necessary appropriations resulted in the passage in July 1909 of an act continuing the appropriations of the previous year, whenever for any cause the lower house fails to pass the necessary financial legislation.
This legislation had several important results.
Portalis and others he founded under the empire an academy of legislation in Paris, himself lecturing on Roman law.
And its influence is to be seen in the legislation of the Christian emperors, which softened some of the harshest features that still marked the institution.
But a stronger influence of Christianity appears in Theodosius, and this influence is at the highest in the legislation of Justinian.
But the landlord's interest and the general tone of feeling alike modified practice even before the intervention of legislation; they were habitually continued in their holdings, and came to possess in fact a perpetual and hereditary enjoyment of them.
Bonaparte, as we have seen, abolished the French slave trade during his brief restoration, and this abolition was confirmed at the second peace of Paris on the 10th of November, 1815, but it was not effectually carried out by French legislation until March 1818.
The first specific legislation on the subject was enacted on the 12th of February 1793, and like the Ordinance for the Northwest Territory and the section of the Constitution quoted above, did not contain the word "slave"; by its provisions any Federal district or circuit judge or any state magistrate was authorized to decide finally and without a jury trial the status of an alleged fugitive.
Pennsylvania in 1842 (16 Peters 539), that state authorities could not be forced to act in fugitive slave cases, but that national authorities must carry out the national law, was followed by legislation in Massachusetts (1843), Vermont (1843), Pennsylvania (1847) and Rhode Island (1848), forbidding state officials to help enforce the law and refusing the use of state gaols for fugitive slaves.
The demand from the South for more effective Federal legislation was voiced in the second fugitive slave law, drafted by Senator J.
Recourse was then had to protective legislation.
Only in very recent years have oysters, though plentiful, become of competitive importance in the national market; they are greatly favoured by state protective legislation.
Nearly all special legislation was forbidden.
Its powers are extensive, including, in addition to ordinary legislative powers, control of financial affairs, foreign affairs, the power to declare war and approve treaties of peace, amnesties, electoral legislation for the provinces and municipalities, control of the electoral vote for president and vice-president, and designation of an acting president in case of the death or incapacity of these officers.
The Serb and Moslem delegates, who had started on the same day for Budapest, to present their petition to the emperor, learned from the rescript that the government intended to concede to their compatriots "a share in the legislation and administration of provincial affairs, and equal protection for all religious beliefs, languages and racial distinctions."
Belin, Essais sur l'histoire economique de la Turquie (Paris, 1865); Aristarchi Bey, Legislation ottomane (8 vols., Constantinople, 1868-1876); R.
During his legislative career in Victoria he was active in promoting social legislation and an ardent advocate of preference in favour of Great Britain.
What the war and revolution had left of the large farms, subsequent agrarian legislation further damaged; and in 1921 the Latvian state was still struggling against the dislocating effects of war and revolution, and its finance and commerce were seeking new methods of reconstruction.
In modern times Tribonian has been, as the master workman of Justinian's codification and legislation, charged with three offences - bad Latinity, a defective arrangement of the legal matter in the Code and Digest, and a too free handling of the extracts from the older jurists included in the latter compilation.
Upon the whole subject of the codification and legislation in which Tribonian bore a part, see JusTINIAN.
It rests on the old theory of the antiquity of the Levitical legislation, so that in fact all who place that legislation later than Ezekiel are agreed that the book of Joel is also late.
The factories are widely distributed, and some are favoured by state legislation in addition to the national tariff.
The regular annual sessions are of four months' duration, but they may be extended to complete necessary legislation.
President Campos Salles entered upon his tenure of office on the 15th of November 1898, and at once proceeded to initiate fiscal legislation for the purpose of reducing expenditure and increasing the revenue.
In 1778 he published at Amsterdam his Legislation orientale, in which he endeavoured to prove that the nature of oriental despotism had been greatly misrepresented.
While dependent on the Cape, ordinances had been passed establishing Roman-Dutch law as the law of Natal, and save where modified by legislation it remained in force.
He supported the government in its attempts to subdue by legislation the Socialists, Poles and Catholics; and he was one of the few men of eminence who gave the sanction of his name to the attacks on the Jews which began in 1878.
For this purpose legislation was promoted in 1867, 1881, 1890 and 1907.
Unfortunately this salutary legislation remained a dead letter.
To this vindictive legislation, which converted the labouring population into a sullenly hostile 1 It should be remembered that at this time one-third of the land belonged to the church, and the remainder was in the hands of less than a dozen great families who had also appropriated the royal domains.
the whole body of the nobles) and, more especially, as defining the co-ordinate power of the king and " people " in legislation: i.e.
These tactics soon rendered legislation impossible, and a modification of the rule of procedure became absolutely necessary if any business at all was to be done.
Juristic literature has been stimulated by the activity in positive legislation.
This law was the last serious act of the provisional Parliament, which had shown itself singularly barren in legislation, and contrasts most unfavourably with the first assemblies of all the other " Succession States."
The Senate can interpose a veto in all matters of legislation, saving taxation, and where there is a collision between the two bodies, provision is made for reference to a court of arbitration, consisting of members of both houses in equal numbers, and also to the supreme court of the empire (Reichsgericht) sitting at Leipzig.
In 1896 he entered the second Di Rudini cabinet as minister of the treasury, and by timely legislation helped to save the bank of Naples from failure.
Mr Alfred Lyttelton (who had succeeded Mr Chamberlain as secretary of state for the colonies) endeavoured to meet the wishes of the Transvaal by sanctioning legislation which would greatly restrict the immigration of Indians, but he would allow 1 A careful summary of the facts regarding the shortage of labour and of the economic situation in the Transvaal at that time, together with the debates in the legislative council, will be found in The Annual Register for 1903, from the pen of Mr H.
The establishment of the Union of South Africa removed from the competence of the Transvaal provincial council all legislation specially or differentially affecting Asiatics.
That important legal work, The Laws of the Emperors Constantine, Theodosius and Leo, which was composed in Greek about 475, and " which lies at the root of all subsequent Christian Oriental legislation in ecclesiastical, judicial and private matters" (Wright), must have been repeatedly translated into Syriac. The oldest form is contained in a British Museum MS. which dates from the earlier part of the 6th century, and this was edited by Land (Anecd.
Sombsthay, Cours de legislation et d'administration annamites (Paris, 1898).
The improvement which has taken place in the general health of the inhabitants of cities during recent years, concurrent with hygienic legislation, is ample proof of the above assertions.
The failure of the government in Ireland (where the only success was Mr Birrell's introduction of the Universities Bill in April 1908), their internal divisions as regards socialistic legislation, their variance from the views of the selfgoverning colonies on Imperial administration, the admission after the general election that the alleged "slavery" of the Chinese in the Transvaal was, in Mr Winston Churchill's phrase, a "terminological inexactitude," and the introduction of extreme measures such as the Licensing Bill of 1908, offered excellent opportunities of electioneering attack.
Probably nowhere can the actual historical progress from the primitive use of animal sacrifices to the later refinement of burning incense be more clearly traced than in the pages of the Old Testament, where no mention of the latter rite occurs before the period of the Mosaic legislation; but in the monuments of ancient Egypt the authentic traces of the use of incense that still exist carry us back to a much earlier date.
The legislation of 1855, 1888 and 1899 left the government of the small area of the City in the hands of an unreformed Corporation.
that the bringing of special legislation to bear on special cases (as the petition of these two boroughs would have demanded) would be inexpedient as making against homogeneity.
The question of granting dispensations from such a vow gave rise to much canonical legislation, in which the papacy had finally to give in to the bishops.
That portion of the English law which has been introduced into India without legislation, and all the rules of law resting upon the authority of the courts, are made applicable to Burma by the same act.
There are, however, no outward signs enabling us to distinguish conclusively between both categories of laws in the codes, nor is it possible to draw a line between permanent laws and personal ordinances of single sovereigns, as has been attempted in the case of Frankish legislation.
Police regulations are very much to the fore and occupy no less than 72 clauses of the royal legislation.
Royalty and the Church, when they acquire the lead in social life, work out a new penal system based on outlawry, death penalties and corporal punishments, which make their first appearance in the legislation of Withraed and culminate in that of !Ethelred and Canute.
In the arrangements of the commonwealth the clauses treating of royal privileges are more or less evenly distributed over all reigns, but the systematic development of police functions, especially in regard to responsibility for crimes, the catching of thieves, the suppression of lawlessness, is mainly the object of 10th and 11th century legislation.
But, imperfect as such statistics may be, they give us at any rate some insight into the direction of governmental legislation.
In subsequent history there is a good deal of resemblance between the capitularies' legislation of Charlemagne and his successors on one hand, the acts of Alfred, Edward the Elder, ZEthelstan and Edgar on the other, a resemblance called forth less by direct borrowing of Frankish institutions than by the similarity of political problems and condition.
Already in ZEthelberht's legislation we find characteristic fines inflicted for breach of the peace of householders of different ranks - the ceorl, the eorl, and the king himself appearing as the most exalted among them.
(d) In course of time the natural associations get loosened and intermixed, and this calls forth the elaborate police legislation of the later Anglo-Saxon kings.
Of all the countries represented - Germany, Austria-Hungary, Belgium, Spain, France, Great Britain, the Netherlands, Russia and Sweden - only one, namely France, was opposed to the complete suppression of all export bounties, direct or indirect; and Russia declined to discuss the question of her internal legislation, contending that her system did not amount to a bounty on exportation.
Gratian's Decretum mirrors two tendencies, the church legislation with its growingly less extended application, and the wide meaning as in Justinian's Code, owing to the revival of Roman law in the 11th century.
The numerous enactments of councils to ensure the proper care of church property, prohibiting the use of churches for secular purposes, for the storing of grain or valuables, for dances and merry-making, do not technically come under the head of legislation against sacrilege.
When one takes into account that the next article of the declaration decreed death for domestic theft, the legislation is not relatively cruel.
The crown has a veto on legislation and the home government appoints the public officials, excepting the treasurer.
Vitringa, Disquisitio de Protagorae vita et Philosophia (Groningen, 1852); for the Thurian legislation, M.
It legislated on matters relating to common trade interests, and, in the case of the regulation of 1287 concerning shipwrecked goods, we find it imposing this legislation on the towns under the penalty of exclusion from the association.
The whole system was designed to suppress the competition of outsiders, but the divergent interests of individuals and towns, the pressure of competition and changing commercial conditions, in part the reactionary character of the legislation, made enforcement difficult.
His interest and efficiency in financial legislation in the House led to his appointment on the Senate Committee of Finance, and after 1867 he was chairman of this influential committee.
The leading Peruvian authors on constitutional and legal subjects are Dr Jose Santistevan, who has published volumes on civil and criminal law; Luis Felipe Villaran (subsequently rector of the university at Lima), author of a work on constitutional right; Dr Francisco Garcia Calderon (once president of Peru), author of a dictionary of Peruvian legislation, in two volumes; Dr Francisco Xavier Mariategui, one of the fathers of Peruvian independence; and Dr Francisco de Paula Vigil (1792-1875), orator and statesman as well as author, whose work, Defensa de los gobiernos, is a noble and enlightened statement of the case for civil governments against the pretensions of the court of Rome.
Like the other states of South America its constitution provides for popular control of legislation and the execution of the laws through free elections and comparatively short terms of office, but in practice these safeguards are often set aside and dictatorial methods supersede all others.
Besides, it was declared a free imperial port in 1719, and was therefore released from the obstructions to trade contained in the hampering legislation of the period.
Partly through restrictive local legislation and partly as a result of the operation of the Suffolk system of redemption in Boston, these institutions were always conservative.
of the Act of Confederation, a liberal constitution, under which two chambers were constituted and their assent declared necessary for legislation and taxation.
The Westminster Review (1824), established by the followers of Jeremy Bentham, advocated radical reforms in church, state and legislation.
- Annales de droit commercial (1877); Revue al, gerienne et tunisienne de legislation et de jurisprudence (1885); Revue du droit public et de la science politique (1894); Revue generale du droit international public (1894).
In his principal work, Die geschichtlichen Bucher des Allen Testaments (1866), he sought to show that the priestly legislation of Exodus, Leviticus and Numbers is of later origin than the book of Deuteronomy.
The most highly coveted office at this time was not that of BaotXEbs, which, like that of the rex sacrorum in Rome, had been stripped of all save its religious authority, but that of the Archon; soon after the legislation of Solon repeated struggles for this office between the Eupatridae and leading members of the other two classes resulted in a temporary change.
Currency legislation was especially prominent.
To him, as to the Deuteronomic legislation, the forms of legal observance are of value only as the fitting expression of Israel's peculiar sonshin and service, and he shows himself a true prophet when he contrasts the worthless ministry of unwilling priests with the pure offering of prayer and praise that rises from the implicit monotheism of even Gentile worship 2 (i.
His special interest in legislation for the working classes led him to be placed upon the Trades Union Commission of 1867-1869; he was secretary to the commission for the digest of the law, 1869-1870; and was from 1877 to 1889 professor of jurisprudence and international law under the council of legal education.
A marine force was raised to stop smuggling; and the subtraction of coal during coaling operations was stopped by drastic legislation.
Strickland preferred legislation to the covering up of difficulties by governors' licences and appeals to incongruous precedents.
Sir Lintorn Simmons was appointed envoy to the Holy See, to ascertain how far legislation might be pushed in the direction of civil marriage without justifying clerical agitation and obstruction in the council.
The legal necessity for legislation in accordance with the agreement was, nevertheless, on a special reference, submitted to the privy council, whose decision affirmed the advisibility of legislation and the need for validating retrospectively marriages not supported by either Maltese or English common law.
Another feature of these years was the anti-papal, or rather anti-clerical, legislation embodied in the statutes of Provisors and Praemunire.
detailed account of these various acts see the article Legislation.
But while this was true of the outward structure it was impossible to disregard entirely private rights based upon Spanish and Mexican legislation.
Under the Territorial government when first organized the governor was given an extensive appointing power, as well as the right of an absolute veto on all legislation, but this speedily resulted in such friction between him and the legislature that Congress was petitioned for his removal, with the outcome that the office has since been much restricted in its appointing power, and the veto has been subjected to the ordinary United States limit, i.e.
The exceptional dependence of Iowa on eastern markets has given more than ordinary prominence to railway legislation, and the conflict of interests between the railways and the shippers has agitated the state for forty years, various attempts being made to regulate freight rates by legal enactment.
This was largely overcome by the year 1857, and yet the constitution of that date prohibits any legislation of primary importance relating to banks without referring the matter to a direct vote of the people.
During the period in which the question of admission was under consideration, the Whigs opposed the measure, while the Democrats carried it through and remained in power until 1854; but ever since 1857 the state has been preponderantly Republican in all national campaigns; and with but two exceptions, in 1889 and 1891, when liquor and railroad legislation were the leading issues, has elected a Republican state administration.
Nevertheless there has always been a strong sentiment in the state urging, that corporations be held more in check, and its industries are not such as to receive a large benefit directly from tariff legislation.
The origin of Roman political and social satire is to be traced to the same disturbing and disorganizing forces which led to the revolutionary projects and legislation of the Gracchi.
The healing of the schism proved no very difficult matter; but the council hoped not only to restore unity and suppress heresy, but to re-establish general councils as a regular element in the legislation of the Church.
This appeared to place the legislation of the clergy, whether old or new, entirely under the monarch's control.
As supreme governor of the Church of England the sovereign strictly controlled all ecclesiastical legislation and appointed royal delegates to hear appeals from the ecclesiastical courts, to be a " papist " or to " hear Mass " (which was construed as the same thing) was to risk incurring the terrible penalties of high treason.
Stringent legislation controls prison labour.
The legislation against Baptists (about 1644-1678) and the persecution of the Quakers (especially 1656-1662) partook of the brutality of the time, including scourging, boring of tongues, cutting of ears and in rare cases capital punishment.
In 1911 he became Democratic leader in the Assembly and was appointed vice-chairman of the Factory Investigating Committee which made a searching inquiry into industrial conditions in the state, resulting in remedial legislation.
Though hostile, therefore, to the policy of Cleisthenes, their council seems to have suffered no direct abridgment of power from his reforms. After his legislation it gradually changed character and political sentiment by the annual admission of ex-archons who had held office under a popular constitution.
These experiments resulted in the legislation of 1855, when the use of duty-free alcohol mixed with 10% by volume of wood naphtha, known as methylated spirits, was authorized for manufacturing purposes only.
The English monks took the lead in carrying out this legislation, and in 1 218 the first chapter of the province of Canterbury was held at Oxford, and up to the_ dissolution under Henry VIII.
The organization of the Benedictine houses into provinces or chapters under this legislation interfered in the least possible degree with the Benedictine tradition of mutual independence of the houses; the provinces were loose federations of autonomous houses, the legislative power of the chapter and the canonical visitations being the only forms of external interference.
In the former act he embodied a provision regulating and giving authority to the peculiar customs, usages, and regulations voluntarily adopted by the miners in various districts of the state for the adjudication of disputed mining claims. This, as Judge Field truly says, "was the foundation of the jurisprudence respecting mines in the country," having greatly influenced legislation upon this subject in other states and in the Congress of the United States.
At the same time expenditures were largely increased by liberal pension legislation, and the government's purchase of silver bullion almost doubled by the provisions of the new Sherman Silver Purchase Act of 1890.
The most important was the repeal of the silver legislation, which had been a growing menace for fifteen years.
Cleveland's independence was nowhere more strikingly shown during his second term than in his action in regard to the tariff legislation of his party in Congress.
In tracing the growth of Persia from a petty subject kingdom to a vast dominant empire, he has occasion to set out the histories of Lydia, Media, Assyria, Babylon, Egypt, Scythia, Thrace, and to describe the countries and the peoples inhabiting them, their natural productions, climate, geographical position, monuments, &c.; while, in noting the contemporaneous changes in Greece, he is led to tell of the various migrations of the Greek race, their colonies, commerce, progress in the arts, revolutions, internal struggles, wars with one another, legislation, religious tenets and the like.
That large party which advocates a strict and jealous construction of the constitution would certainly oppose any independent legislation by the national Congress for providing a registration of births, marriages and deaths, or for obtaining social and industrial statistics, whether for the satisfaction of the publicist or for the guidance of the legislature.
Even though the supreme court should decide such legislation to be within the grant of powers to the general government, the distrust and opposition, on constitutional grounds, of so large a portion of the people, could not but go far to defeat the object sought."
When the time for the next census approached it was felt that new legislation was needed, and a committee of the House of Representatives, with James A.
The law, which had been prepared for the census of 1870 by the House committee, furnished a basis for greatly improved legislation in 1879, under which the tenth census was taken.
Decision after decision of individual instances has made it a settled practice for the Federal government to co-operate with or to supplement the state governments in the gathering of statistics that may furnish a basis for state or Federal legislation.
In practice they became Independents, after trying in some cases to create voluntary presbyteries, like Baxter's Associations, adopted partially in 1653-1660, in spite of repressive legislation.
To decrease the evil of lobbying a law was enacted in 1906 which requires that every person employed to promote or oppose the passage of any bill shall file in the office of the secretary of state a written statement showing who has employed him and describing the legislation in respect of which his services are to be rendered; the law also requires the employers of lobbyists to file in the same office within two months after the adjournment of the legislature an itemized statement of all their lobbying expenses, and forbids the employment of a lobbyist for a contingent fee.
In January 1784 Governor George Clinton recommended legislation for the " revival and encouragement of seminaries of learning," with the result that the legislature passed an act establishing a state university of which Columbia College, formerly King's, was the " mother " portion.
Legislation is subject to disallowance by the crown, but that power is seldom exercised.
Up to January 1891 the Conservative forces which overthrew Sir George Grey in 1879 controlled the country in effect though not always in name, and for ten years progressive legislation was confined to a mild experiment in offering crown lands on perpetual lease, with a right of purchase (1882), a still milder instalment of local option (1881) and an inoffensive Factories Act (1886).
A volume of Melanges et correspondance was published posthumously by Charles Comte, author of the Traite de legislation, who was his son-in-law.
Washington has a state board consisting of three members appointed by the governor to confer with commissioners from other states upon such matters as marriage and divorce, insolvency, descent and distribution of property, the execution and probate of wills, for the purpose of promoting uniformity of legislation respecting them.
The sovereignty over the territory was by a law (Reichsgesetz) of the 9th of June 1871 vested in the German emperor, who, until the introduction of the imperial constitution on the 1st of January 1874, had, with the assent of the federal council (Bundesrat) and, in a few cases, that of the imperial diet (Reichstag), the sole right of initiating legislation.
On the 2nd of May 1877, the Landesausschuss was itself empowered to initiate legislation within the competence of the territory, and in 1879 the imperial viceroy (Statthalter), representing the imperial chancellor, who had until then been the responsible minister, took up his residence in Strassburg.
The circulation of The Daily Tribune was never proportionately great - its advocacy of a protective tariff, prohibitory liquor legislation and other peculiarities, repelling a large support which it might otherwise have commanded in New York.
The vice-president is ex officio president of the Senate, but has little voice or part in shaping either legislation or the affairs of the party.
His position in the Blaine campaign, his attitude in tariff discussions and legislation, his relations with United States senators, congressional representatives, and other party leaders, his methods in making official appointments, were entirely consistent with his constantly reiterated conviction that in politics permanent good is achieved not by guerilla warfare, but by working through and within the party.
Mr Roosevelt not only attacked dishonesty in public affairs but in private business as welt, asserting that "malefactors of great wealth" endeavour to control legislation so as to increase the profits of monopolies or "trusts," and that to prevent such control it is necessary to extend the powers of the federal government.
people understood it, and threw his effective influence into the framing of legislation under which the Federal government is now successfully combating the illegal acts of the powerful trusts.
When a quorum, with some difficulty, was obtained, another period of retrograde legislation set in.
affairs and social customs, and which could not comprehend that men absorbed in deeper spiritual contests had no leisure for the niceties of Levitical legislation.
as to the fixed legislation of the Pentateuch, so that the whole narrative might be made to teach that the glory of Israel lies in the observance of the divine law and ritual.
575) enumerates these attributes: (a) right of recognition of majestas; (b) independence; (c) power to determine constitution; (d) right of legislation; (e) action through deposed organs; (f) irresponsibility.
As to foreign law generally: the texts of the laws cited, and the Annuaire de legislation etrangere.
The consolidating Merchant Shipping Act of 1854 and subsequent legislation so much increased the department that in 1866 it was divided into three, viz.
The representative assembly now ceased to work, and since no legal expedient could in consequence be found by which legislation and current business could be carried on.
This " natural law " ranks above all secular law, and all state legislation is binding only in so far as it is in harmony with that law.
This is to assert the principle of the invalidity of all legislation conflicting with ecclesiastical interests and rules.
5) and the legislation of Leviticus (xviii.
In 1780 he had published at Neuchatel a Plan de legislation criminelle, founded on the principles of Beccaria.
They also prepared the way for further legislation tending towards the gradual emancipation of the natives from the culture system, and from semi-feudal servitude to their native rulers.
This was the purpose of his ecclesiastical legislation.
In point of fact some form of revelation or oracle appears to have existed in every great shrine of Canaan and Syria,' and the importance of this element in the cultus may be measured from the fact that at Hierapolis it was the charge of the chief priest, just as in the Levitical legislation.
Of these, the Chamber of Deputies, as the more fully representative of the popular will, possesses greater powers, being enabled in certain cases to carry through its legislation in face of the opposition of the Senate.
The Senate was intended to play the part of an organ of supervision, so as to act as a preventive of too hasty or too loosely drawn-up legislation.
A special Ministry - that for " the unification of legislation and administrative organization " - has been entrusted with the unification of the law s for the whole republic; and two commissions of legal experts under the control of the Ministry of Justice were in 1921 at work on a careful revision of the old codes, which when completed would be issued as a uniform code for the entire republic.
Social legislation first took the form of accident and sickness insurance.
Wages have also been the subject of legislation; special commissions have been empowered to regulate the wages in the so-called " home " industries (sweating), and an arbitration board has been appointed to fix the salaries of clerks in the metal industry, thus minimizing the danger of conflicts in respect of wages having to be settled by means of strikes.
Stern, La legislation ouvriere tchecoslovaque (1921); J.
An attempt had indeed been made in 1786 to modify the rigidly protective legislation of the 18th century.
The tariff history of France in the 19th century divides itself into three periods: one of complete prohibition, lasting till 1860; second, of liberal legislation, from 1860 to 1881; third, of reversion to protection after 1881.
(1) During the first period the prohibitive legislation of the 18th century was retained, largely in consequence of the Napoleonic wars.
The system of prohibition thus instituted, while aimed at Great Britain, was made general in its terms. Hence the importation into France of virtually all manufactured articles from foreign countries was completely interdicted; and such was the legislation' in force when peace came in 1815.
The excitement and opposition in Germany to the Prussian tariff led to customs legislation by the other German states, some smaller states joining Prussia, while the southern states endeavoured to form independent customs unions.
The duties of the act of 1789 were very moderate, and, as compared with those which the United States has had under any subsequent legislation, may be described as free trade duties.
legislation, and in the Tariff Act of 1846 established a system of moderate and purely ad valorem duties, in which the protected articles were subjected, as a rule, to a rate of 30 per cent., in some cases to rates of 25 and 20 per cent.
The control of the Senate by the Republicans prevented any legislation.
Curtiss, Protection and Prosperity: an Account of Tariff Legislation and its Effect in Europe and America (1896); Sir C. Dilke, Problems of Greater Britain (London, 1890); Dowell, History of Taxes and Taxation in England; T.
The restoration in Tuscany was not accompanied by the reactionary excesses which characterized it elsewhere, and a large part of the French legislation was retained.
This is a purely deliberative conclave, worked by committees, and all its legislation has to be confirmed by the two Associations before it can have any force or be legal.
Again, although the charter reserved to the proprietor the right of calling an assembly of the freemen or their delegates at such times and in such form and manner as he should choose, he surrendered in 1638 his claim to the sole right of initiating legislation.
The French chambers alone possess the legislative power, though in the absence of express legislation decrees of the head of the state have the force of law.
Trabut, L'Algerie; le sol et les habitants (Paris, 1898), specially valuable for agriculture and fauna; Arthur Girault, Principes de colonisation et de legislation coloniale, Tome iii.
(3rd ed., Paris, 1908), containing valuable bibliographies of works relating to legislation, jurisprudence, &c.; Jules Duval, L'Algerie et les colonies frangaises (Paris, 1877).
17-26), they form the oldest legislation of the Hebrews that we possess; they consist principally of civil ordinances, suited to regulate the life of a community living under simple conditions of society, and chiefly occupied in agriculture, but partly also of elementary regulations respecting religious observances (altars, sacrifices, festivals, &c.).
The legislation of " P," though written down in or after the exile, must not, however, be supposed to be the creation of that period; many elements in it can be shown from the older literature to have been of great antiquity in Israel; it is, in fact, based upon preexilic Temple usage, though in some respects it is a development of it, and exhibits the form which the older and simpler ceremonial institutions of Israel ultimately assumed.
The government had been losing ground in the country, and Mr Lloyd George and Mr Winston Churchill were conspicuously in alliance in advocating the use of the budget for introducing drastic reforms in regard to licensing and land, which the resistance of the House of Lords prevented the Radical party from effecting by ordinary legislation.
Unless countersigned by the juntas the decrees of Cortes and Spanish legislation or royal orders had no force in the Provinces.
In general government and legislation the Provinces were then assimilated to the rest of the nation.
The best works on the various editions of the fueros are Historia de la Legislation.
The tobacco planters secured legislation favourable to the formation of crop pools.
There are many detailed restrictions on local and special legislation.
The municipalities are divided into six classes according to population, a classification which permits considerable special local legislation in spite of the constitutional inhibition.
He lived at Cnossus for periods of nine years, at the end of which he retired into a sacred cave, where he received instruction from Zeus in the legislation which he gave to the island.
The fourth book is principally devoted to the elaborate and exhaustive polemic against the mercantile system which finally drove it from the field of science, and has exercised a powerful influence on economic legislation.
In 1796 he was made a member of the Institute, was appointed to a professorship of political economy, and founded tin Journal d'economie publique, de morale et de legislation.
He was not, however, destined to compass the downfall of the Sullan regime; the crisis of the Slave War placed the Senate at the mercy of Pompey and Crassus, who in 70 B.C. swept away the safeguards of senatorial ascendancy, restored the initiative in legislation to the tribunes, and replaced the Equestrian order, i.e.
Caesar made no far-reaching modifications in the government of the city, such as were afterwards carried out by Augustus, and the presence in the Lex Julia Municipalis of the clauses referred to is an example of the common process of "tacking" (legislation per saturam, as it was called by the Romans).
Subsequent legislation removed clerical influence from public instruction, made marriage a civil ceremony and closed all conventual establishments.
Other works on Polish history which may be especially mentioned are La Pologne au moyen age (3 vols., Posen, 1846-1851), an edition of the Chronicle of Matthew Cholewa 1 (1811) and Ancient Memorials of Polish Legislation (Ksiegi ustaw polskich i mazowieckich).
He brought forward various proposals in social legislation forming the programme of the Labour party, without reference to the divisions among the Socialists, and on the 20th of November 1894 succeeded in raising a two days' discussion of the collectivist principle in the Chamber.
Legislation is enacted by proclamations in the name of the high commissioner.
This right of petitioning developed into a power of legislation.
The consuls were its usual presidents for elections and for legislation, but the praetors summoned it for purposes of jurisdiction.
With the exception of his description of the French Revolution, which was chiefly a political manifesto, all his early works refer to the middle ages - De La feodalite, des institutions de Saint Louis et de l'influence de la legislation de ce prince (1822); La Germanic au vin e et au ix' siecle, sa conversion au christianisme, et son introduction dans la societe civilisee de l'Europe occidentale (1834); Essai sur la formation territoriale et politique de la France depuis la fin du xi e siècle jusqu'et la fin du xv e (1836); all of these are rough sketches showing only the outlines of the subject.
The theoretical powers of these comitia were extensive both in the election of magistrates and in legislation.
These privileges only attach where the place of worship of which he is a minister has been duly registered (the Places of Worship Registration Act 1855), unless in the case of bodies subject to special legislation, as Quakers.
Through the influence of Henry Clay an act of admission was finally passed, to come into operation as soon as the state legislature would pledge itself not to pass any legislation to enforce this clause.
Such amendments have latterly come to include many matters not strictly constitutional,and so to constitute a species of direct legislation by the people similar in principle to what is called in Switzerland the Referendum.
There is, however, a distinction of type and character between those of the western and southern and those of the eastern states, the former being generally more prolix, more prone to go into details, more apt to contain new experiments in legislation.
Legislation has reduced these evils in recent years; and efforts have been made to prevent the excessive expenditure of money at elections, and the making of contributions to party campaign funds by wealthy corporations who desire to secure some benefit for themselves.
Subjects of state legislation may be classified under three heads:
A peculiarly notable form of this special or private bill legislation is that of dealing by special statutes with the governmental forms and details of management of municipalities; and the control exercised by the state legislatures over city governments is not only a most important branch of legislative business, but at the same time a means of power to scheming politicians and of enrichment to greedy ones.
Speaking generally, it is chiefly in the sphere of special or private legislation that state legislatures have shown their weak side, and incurred, in many states, the distrust of the people.
Not less important than his directly executive work is the influence which the governor exerts upon state legislation through his possession (in all the states but one) of a Veto power.
There is comparatively little good debating in the European sense of the term, and this is due partly to the great size of the hail, partly to the system of legislation by committees.
The unifying force of this complicated system of committee legislation is the Speaker of the House of Representatives.
In practice, too, the Senate is at least as influential in legislation as the House.
The scope of Congressional legislation has been indicated in the list given of the powers of the national government - 1 This case was that of the impeachment of a senator, and the failure to convict arose from the fact that some of the senators at the time held the now generally accepted opinion that a member of Congress is not subject to impeachment.
Important legislation is almost impossible when one of the houses is controlled by one party and the other house by the other.
Functions of the President.These may be grouped into three classes: those which (I) relate to foreign affairs; (2) concern legislation; (3) relate to domestic administration.
As respects legislation, the position of the president is in marked contrast to that of the British crown.
This latter function is discharged by written messages addressed by the president to Congress, the message sent at the beginning of each session being usually the most important; but the suggestions made in these messages do not necessarily or directly induce legislation, although it is open to him to submit a bill or have one drafted by a minister presented to Congress through a member.
More constantly effective is the presidents part in the last stage of legislation.
Nevertheless, the distribution of offices under the so-called spoils system remains the most important ordinary function of the president, and the influence he exerts over Congress and legislation is due mainly to his patronage.
The Judiciary Act of 1789 (as amended by subsequent legislation) provides for the appeal to the Supreme Court of the United States of a final judgment or decree in any suit rendered in the highest court of a state in which a decision in the suit could be had where is drawn in question the validity of a treaty or statute for an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any state, on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of their validity; or where any title, right, privilege or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under the United States, and the decision is against the title, right, privilege or immunity specially set up or claimed by either party under the Constitution, treaty, statute, commission or authority.
In 1845, however, a statute based on the recommendations of a select committee, appointed in the preceding year, was passed; the object being to diminish the bulk of the special acts, and to introduce uniformity into private bill legislation by classifying the common form clauses, embodying them in general statutes, and facilitating their incorporation into the special statutes by reference.
Legislation was passed to protect Canadian dairy produce from dishonest manipulation, and soon Canadian cheese obtained a deservedly high reputation in the British markets.
In Nova Scotia and Quebec the bicameral system of an upper and lower house is retained; in the other provinces legislation is left to a single representative assembly.
The chief features of his administration were the fiscal preference of 333% in favour of goods imported into Canada from Great Britain, the despatch of Canadian contingents to South Africa during the Boer war, the contract with the Grand Trunk railway for the construction of a second transcontinental road from ocean to ocean, the assumption by Canada of the imperial fortresses at Halifax and Esquimault, the appointment of a federal railway commission with power to regulate freight charges, express rates and telephone rates, and the relations between competing companies, the reduction of the postal rate to Great Britain from 5 cents to 2 cents and of the domestic rate from 3 cents to 2 cents, a substantial contribution to the Pacific cable, a practical and courageous policy of settlement and development in the Western territories, the division of the North-West territories into the provinces of Alberta and Saskatchewan and the enactment of the legislation necessary to give them provincial status, and finally (1910), a tariff arrangement with the United States, which, if not all that Canada might claim in the way of reciprocity, showed how entirely the course of events had changed the balance of commercial interests in North America.
Most of the legislation during Oscar I.'s reign aimed at improving the economic position of Sweden, and the riksdag, in its address to him in 1857, rightly declared that he had promoted the material prosperity of the kingdom more than any of his predecessors.
in seeking to secure congressional attention to the affairs of a corporation in which he was interested, and whose interest directly depended upon the legislation of Congress, by inducing members of Congress to invest in the stocks of said corporation."
In 1835-1837 and 1839-1841 Johnson was a Democratic member of the state House of Representatives, and in 1841-1843 of the state Senate; in both houses he uniformly upheld the cause of the " common people," and, in addition, opposed legislation for " internal improvements."
office of secretary for the department of war "; the fifth, that Johnson had conspired with Thomas to " prevent and hinder the execution " of the Tenure of Office Act; the sixth, that he had conspired with Thomas " to seize, take and possess the property of the United States in the department of war," in violation of the Tenure of Office Act; the seventh, that this action was " a high misdemeanour "; the eighth, that the appointment of Thomas was " with intent unlawfully to control the disbursements of the moneys appropriated for the military service and for the department of war "; the ninth, that he had instructed Major-General Emory, in command of the department of Washington, that an act of 1867 appropriating money for the army was unconstitutional; the tenth, that his speeches in 1866 constituted " a high misdemeanour in office "; and the eleventh, the " omnibus " article, that he had committed high misdemeanours in saying that the 39th Congress was not an authorized Congress, that its legislation was not binding upon him, and that it was incapable of proposing amendments.
He supported Peel in his Corn-Law legislation, and throughout all this later period of his life, whether in office or in opposition, gained the admiration of discerning men, and excited the wonder of zealots, by his habitual subordination of party spirit and party connexion to whatever appeared to him the real interest of the nation.
Soon after the conclusion of peace important changes were made in the legislation concerning industry and commerce, and the new freedom thus accorded produced a large number of limited liability companies.
He carried legislation for the abolition of primogeniture, secured equality of inheritance between relations of the same degree, and between men and women.
His numerous reports to the Constituent Assembly were supplemented by popular exposition of current legislation in the Journal de legislation.
He was no advocate of violent measures; but, as deputy to the Convention, he voted for the death of Louis XVI., and as a member of the council of legislation he presented to the Convention on the 17th of September 1793 the infamous law permitting the detention of suspects.
He recommended the readmission of the survivors of the Girondin party to the Convention, and drew up a law limiting the right of insurrection; he had also a considerable share in the foreign policy of the victorious republic. With Cambaceres he had been commissioned in April 1794 to report on the civil and criminal legislation of France, with the result that after eighteen months' work he produced his Rapport et projet de code des delits et des peines (Io Vendemiaire, an.
Two chambers were established, the one formed of nobles and the other of elected representatives; but although they were authorized to control the finances, their power with regard to legislation was very circumscribed.
Representation was granted to the peasants; the two chambers were empowered to initiate legislation; ministers were made responsible for all acts of government; a civil list was given to the king in return for the surrender of the crown lands; and, in short, the new constitution was similar to that of Great Britain.
He helped to defeat the proposal to give Congress a veto on state legislation, showing that it was illogical to confer such a power, since the constitution itself is the law of the land and no state act contravening it is legal.
When in 1814 he re-entered the public service, it was only as chief commissioner of woods and forests, but his influence was from this time very great in the commercial and financial legislation of the country.
All questions relating to the economic interests, the legislation and administration of any particular state, must be excluded from.
3 Surely with all the existing activity in the removal of causes of war, in the reduction to precise expression of the rules of law governing the relations of states with one another, in the creation of international judicatures for the application of these rules, in the concluding of treaties specifically framed to facilitate the pacific settlement of difficulties diplomacy may have failed to adjust, in the promotion of democratic civilian armies with everything to lose by war,!and all the other agencies which have been described above, the hope seems warranted that, in no distant future, life among nations will become still more closely assimilated to life among citizens of the same nation, with legislation, administration, reform all tending to the one great object of law, order and peace among men.
The king took an active part in the elections, and used his patronage to the utmost to influence legislation.
Mr Balfour's inability to get the maximum amount of work out of the House was largely due to the situation in South Africa, which absorbed the intellectual energies of the House and of the country and impeded the progress of legislation.
As from 1849 to 1870 the fate of the papacy was determined not so much by domestic conditions, which, save for certain slight ameliorations, were those of the preceding reigns, as by foreign politics, it is necessary to consider the relations of Rome with each of the powers in turn; and in so doing one must trace not merely the negotiations of kings and popes, but must seek to understand also the aims of parliamentary parties, which from 1848 on increasingly determine ecclesiastical legislation.
To guard against such encroachments in the future the constitution of 1873 imposed the most detailed limitations upon special legislation.
The constitution of 1873 and subsequent legislation have continued the commission, but the sources of revenue have been very much curtailed, being restricted to the interest on the deposits of the fund and interest on certain Allegheny Railroad bonds.
The chief object of the present state constitution (1873) was to prohibit local and special legislation.
A Republican in politics, and a firm believer in the doctrines of strict construction and state sovereignty which Thomas Jefferson had been principally instrumental in formulating, he opposed consistently the demand for internal improvements and increased tariff duties, and declined to follow Henry Clay in the proposed recognition of the independence of the Spanish colonies in South America and in the Missouri Compromise legislation.
They are regulated by the Children Act 1908, which repealed the Industrial Schools Act 1866, as amended by Acts of 1872,1891 and 1901, and parallel legislation in the various Elementary Education Acts, besides some few local acts.
Some of their powers of legislation and administration they possess motu proprio in virtue of their position as diocesan bishops, others they enjoy under special faculties granted by the Holy See; but all bishops are bound, by an oath taken at the time of their consecration, to go to Rome at fixed intervals (visitare sacra limina apostolorum) to report in person, and in writing, on the state of their dioceses.
However, the eastern hankering after the eremitical life long survived, and it was only by dint of legislation, both ecclesiastical (council of Chalcedon) and civil (Justinian Code), that the Basilian cenobitic form of monasticism came to prevail throughout the Greek-speaking lands, though the eremitical forms have always maintained themselves.
The legislation of his reign was probably in great part of his own contriving.
Recourse was had to legislation in restraint of free speech and public meeting.
cap. xiv.): "This act is almost a code by itself; it contains fifty-one clauses, and covers the whole ground of legislation.
He was an avowed advocate of permanent Government ownership of the telegraph and telephone, and in Dec. 1918 urged legislation to that end.
From the tribune of the Chamber he described the revolution of February as a "catastrophe," and he supported reactionary legislation, notably the bill (May 31, 1850) for the liinitation of the suffrage.
The state council also has the right of making suggestions to the sovereign in regard to subjects of legislation and administration.
For some time after this the question of pharmaceutical legislation was widely discussed.
He was again a member of the chamber from 1819 to 1824, and vigorously opposed the exceptional legislation which the second administration of Richelieu passed under the influence of the ultra-Royalists.
During this period of Catholic ascendancy social legislation was not neglected.
His monastic legislation is explained and the history of his institute sketched in the article BASILIAN
On the other hand, it is argued that the authority of Galen and Cicero (pro Cluentio) place it beyond a doubt that, so far from being allowed to pass with impunity, the offence in question was sometimes punished by death; that the authority of Lysias is of doubtful authenticity; and that the speculative reasonings of Plato and Aristotle, in matters of legislation, ought not to be confounded with the actual state of the laws.
No distinction is now made as to whether the foetus is or is not alive, legislation appearing to make the offence statutory with the object of prohibiting any risk to the life of the mother.
22), and in the 7th century Deuteronomic legislation the word is often found.
By virtue of Poyning's Act, a celebrated statute of Henry VII., all proposed Irish legislation had to be submitted to the English privy council for its approval under the great seal of England before being passed by the Irish parliament.
In general Grattan supported the government for time after 1782, and in particular spoke and voted for the stringent coercive legislation rendered necessary by the Whiteboy outrages in 1785; but as the years passed without Pitt's personal favour towards parliamentary reform bearing fruit in legislation, he gravitated towards the opposition, agitated for commutation of tithes in Ireland, and supported the Whigs on the regency question in 1788.
In politics the revulsion from his particuar conclusions did not prevent the more clear-sighted of his opponents from recognizing the force of his supreme demonstration of the practical irresponsibility of the sovereign power, wherever seated, in the state; and, when in a later age the foundations of a positive theory of legislation were laid in England, the school of Bentham - James Mill, Grote, Molesworth - brought again into general notice the writings of the great publicist of the 17th century, who, however he might, by the force of temperament, himself prefer the rule of one, based his whole political system upon a rational regard to the common weal.
is hard to think that if it were really authentic it would have been omitted from all the other gospels, and it perhaps belongs to the little group of passages in Matthew which seem to represent early efforts towards church legislation, rather than a strictly historical narrative.
Garrison in 1831, had stirred the conscience of the North, and had had its influence even upon many who strongly deprecated its extreme radicalism; the Compromise of 1850 had failed to silence sectional controversy, and the Fugitive Slave Law, which was one of the compromise measures, had throughout the North been bitterly assailed and to a considerable extent had been nullified by state legislation; and finally in 1854 the slavery agitation was fomented by the passage of the KansasNebraska Act, which repealed the Missouri Compromise and gave legislative sanction to the principle of "popular sovereignty" - the principle that the inhabitants of each Territory as well as of each state were to be left free to decide for themselves whether or not slavery was to be permitted therein.
Lincoln before the state convention at Bloomington of "all opponents of anti-Nebraska legislation" (the first Republican state convention in Illinois) made on the 29th of May a notable address known as the "Lost Speech."
At Freeport, on the Wisconsin boundary, on the 27th of August, Lincoln answered questions put to him by Douglas, and by his questions forced Douglas to "betray the South" by his enunciation of the "Freeport heresy," that, no matter what the character of Congressional legislation or the Supreme Court's decision "slavery cannot exist a day or an hour anywhere unless it is supported by local police regulations."
He instituted by proclamation of the 19th of April a blockade of the Southern ports, took effective steps to extemporize a navy, convened Congress in special session (on the 4th of July), and asked for legislation and authority to make the war "short, sharp and decisive."
The legislative power of the empire also takes precedence of that of the separate states in the regulation of matters affecting freedom of migration (Freizugigkeit), domicile, settlement and the rights of German subjects generally, as well as in all that relates to banking, patents, protection of intellectual property, navigation of rivers and canals, civil and criminal legislation, judicial procedure, sanitary police, and control of the press and of associations.
In those parts of Germany which come under the influence of French legislation, the constitution of the towns and that of the rural communes (the so-called Bitrgermeistereiverfassung) is identical, in that the members of the communal executive body are, in the same way as those of the communal assembly, elected to office immediafely by the whole body of municipal electors.
The armies of Charlemagne contained warriors from all parts of Germany; and although tribal law was respected and codified, legislation common to the whole empire was also introduced.
The Prussian government has attempted to prevent this by special legislation and severe administrative measures.
In nothing else was legislation so much needed.
Owing to the political divisions, however, this legislation, which reached back to the I4th century, had always been carried out by local authorities.
There had never been any, effective legislation applicable to the whole nation.
The law, however, had to be interpreted so as to take into consideration later legislation by the kingdom of Westphalia, the electorate of Hesse, and any other state(and they are several) in which for a short time some of these villages might have been incorporated.
The constant changes in the law made by current legislation in the different states really only added to the confusion, and though imperial laws on these points with which the central government was qualified to deal superseded the state laws, it is obvious that to pass occasional acts on isolated points would have been only to introduce a further element of complication.
It was therefore convenient, so far as was possible, to allow the existing system to continue until a full and complete code dealing with the whole of one department of law could be agreed upon, and thus a uniform system (superseding all older legislation) be adopted.
Legislation, therefore, has generally taken the form of a series of elaborate codes, each of which aims at scientific completeness, and further alterations have been made by amendments in the origipal code.
impeded by the political divisions, and though the establishment of a customs union had preceded the foundation of the empire, the removal of other barriers required imperial legislation.
The introduction of workmens insurance, factory legislation, and other measures dealing with the condition of the working classes by imperial legislation, was at a later period still further to limit the scope of state legislation.
Bismarck confesses that his doubts as to the wisdom of this legislation were raised by the picture of heavy but honest gens darmes pursuing light-footed priests from house to house.
These laws were all peculiar to Prussia, but similar legislation was carried out in Baden and in Hesse, where in 1871, after twenty-one years of office, the particularist and Conservative government of Dalwigk had come to an end and after the interval of a year been succeeded by a Liberal ministry.
The ecclesiastical legislation and other Liberal measures completed the alienation between Bismarck and the Conservatives.
The resignation of Falk in July 1879 was a sign of the change of policy; he was succeeded by Puttkammer, who belonged to the old-fashioned Prussian Conservatives and had no sympathy with the Liberal legislation.
Recent legislation, culminating in the ~Gewerbeordnung of 1869, had, in accordance with the principles of the Liberal Economists, or, as the Germans called it, the Manchester School, instituted freedom from state control in the relations between employers and workmen.
Kettelers work was continued by Canon Moufang, and Catholics brought forward motions in the Reichstag demanding new factory legislation.
A similar movement began among the Protestants after the commercial crisis of 1873, which forms an epoch in German thought, since it was from that year that men first began to question the economic doctrines of Liberalism, and drew attention to the demoralization which seemed to arise from the freedom of speculation and the influence of the stock exchangea movement which in later years led to some remarkable attempts to remedy the evil by legislation.
The Protestant movement has not succeeded in attaining the same position as has the Catholic among the working men; but it received considerable support among the influential classes at court, and part of the programme was adopted by the Conservative party, which in 1876 demanded restriction of industrial liberty and legislation which would prevent the ruin of the independent artizans.
The help of the Reichstag was asked for healing social evils by means of legislation.
The demands repeatedly made by the Centre and the Conservatives for effective factory legislation and prohibition of Sunday labor were not successful.
Naturally enough, it was social reform on which at first activity was concentrated, and the longdelayed factory legislation was now carried out.
Their position would have been easier were it not for the repeated attempts of the Prussian government to crush the party by fresh legislation and the supervision exercised by the police.
The Military Bill had offended the prejudices of conservative military critics; the British treaty had alienated the colonial party; the commercial treaties had only been carried by the help of Poles, Radicals and Socialists; but it was just these parties who were the most easily oflended by the general tendencies of the internal legislation, as shown in.
The government, in order to pass its measures, was obliged to purchase the votes by class legislation, and it bought those with whom it could make the best Ing.
Their own demands were generally limited to the defence of order and religion, and to some extent coincided with the wishes of the emperor; but every attempt to introduce legislation in accordance with their wishes led to a conflict with the educated opinion of the country, which was very detrimental to the authority of the government.
Another class which, seeing itself in danger from the economic changes in society, agitated for special legislation was the small retail traders of the large towns.
The emperor had returned to Bismarcks policy of joining social reform with repressive legislation.
The legislation of Leo XIII.
Boudinhon, La Nouvelle Legislation de l'index (Paris, 18 99); J.
Hurley, Commentary on the Present Index Legislation (Dublin, 1908).
The Kansas-Nebraska legislation, and the subsequent troubles in Kansas, having convinced him of the futility of trying to influence the Democrats, he assumed the leadership in the North-west of the movement to form a new party to Oppose the extension of slavery.
Fenno (8 Wallace, 533), 1869, in defence of that part of the banking legislation of the Civil War which imposed a tax of io% on state bank-notes, and Hepburn v.
The practical result was a system very nearly approaching to the absence of any customs duties, and for the period for which these treaties lasted a revision of the tariff could not be carried out by means of legislation.
The result was that the system of commercial treaties ceased, and Austria-Hungary was free to introduce a fresh tariff depending simply on legislation, an " autonomous tariff " as it is called.
of 1867 - which runs:- " Nevertheless the country reserves its right periodically to complete the Hungarian army and the right of granting recruits, the fixing of the conditions on which the recruits are granted, the fixing of the term of service and all the dispositions concerning the stationing and the supplies of the troops according to existing law both as regards legislation and administration."
atitution possible to proceed to special legislation for the of 1867.
He continued to rule according to the constitution; his watchword was " unpolitical politics," and he brought in little contentious legislation.
It was by their influence that a law was introduced limiting the rate of interest, and they co-operated with the government in legislation for improving the material condition of the people, which had been neglected during the period of Liberal government, and which was partly similar to the laws introduced at the same time in Germany.
The cities, whose growing liberties had been checked by Frederick's legislation, strove for practical, if not formal, independence, sometimes for dominion over their fellows.
And, as far as legislation could make it, Sicily became one of the freest countries in Europe.
He was still only the local public man, taking part in all public movements, especially in opposition to John Feilden's proposed factory legislation, and to the Rochdale church-rate.
In the new parliament, as in the previous session, he opposed legislation restricting the hours of labour, and, as a Nonconformist, spoke against clerical control of national education.
They tell us, however, comparatively little about the civil adfninistration of the empire, and nothing about legislation.
Two enactments, however, bore testimony to the legislation of the company.
The following account of the legislation carried into force up to 1907 shows in effect what was done in that direction.
In the first instance, as following upon conquest or potential conquest, the Fulani emirs who were appointed by government to each of the great native states were installed under a letter of appointment in which (in addition to rights of legislation, taxation and other powers inherent in suzerainty) the ultimate title to all land was transferred from the Fulani dynasty and vested in the British.
The increase of legislation for the protection of children, lunatics and animals is a proof of the growing humanitarianism of the age.
The English common law has never taken cognizance of the commission of acts of cruelty upon animals, and direct legislation upon the subject, dating from the 19th century, was due in a great measure to public agitation, supported by the Royal Society for the Prevention of Cruelty to Animals (founded in 1824).
It examines the budget and all proposed administrative laws, but cannot initiate legislation, nor is the government bound to adopt its suggestions.
i (1907), pp. 10-26) was the creation of a councildistinct from the existing native legislative council and assemblycomposed of Europeans, which should have the power to pass legislation which when promulgated by the Egyptian government, with the assent of the British government, would bind all foreigners resident in Egypt.
Formerly the commercial legislation of Denmark was to such a degree restrictive that imported manufactures had to be delivered to the customs, where they were sold by public auction, the proceeds of which the importer received from the custom-houses after a deduction was made for the duty.
After the elections of 1881, which brought about the reamalgamation of the various Radical sections, the opposition presented a united front to the government, so that, from 1882 onwards, legislation was almost at a standstill.
In 1880 he came to the front as the leading spokesman of the party which favoured the protection of French industries, and he had a considerable share in fashioning the protectionist legislation of the years 1890-1902.
Of the succeeding legislation in xx.-xxiii., xxxii.-xxxiv., undoubtedly the earlier sections are xx.
As it stands, however, this chapter represents the legislation which it contains as a renewal of a former covenant, also written on tables of stone, which had been broken (ib, 4a).
10 f.) is clearly a new one, and contains no hint of any previous legislation, nor of any breach of it by the people.
10-19) are combined with a mass of civil and other legislation; hence the title "Book of the Covenant" (referred to above, xxiv.
Now it is obvious that the results obtained by the foregoing analysis of J and E have an important bearing on the history of the remaining section of E's legislation, viz.