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Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Several of the state constitutions contain provisions that acts of the legislatures shall be uniform in their operation. On this subject see Sedgw. Stat. §• Const. Law, 502, 503, note. By that provision of the constitution of California which prescribes that " all laws of this oharaeter.should, as nearly as possible, affect persons and property alike. A revenue law which is literally egoal in its operation is impossible.

People v. Coleman, 4 Cal. 46.

The constitutional prorision that all laws " of a general nature " *hall be " uniform in their operation," intends that the effect of such laws shall be the same upon all persons standing in the same category, such category depending upon the facts in each case; and this provision does not therefore forbid the passage by the legislature of a special law in derogation of, or in the nature of an exception to the operation of, a general statute; it being an office of the legislature to determine whether the facts constitute a proper exception to the general act.

People v. Judge, 17 Cal. 547.

The provision of Iowa Const, art. 1, § 6, that all acts of a general nature shall have a uniform operation, refers to the practical working and effect of a law.

Geebrick v. State, 5 Iowa, 491.

The statute of Iowa which provides that all actions against persons who are shown to be in the actual military service of the United States, shall stand continued during such actual service, does not conflict with the provision that all laws of a general nature shall have a uniform operation.

Mc Cormick v. Eusch, 15 Iowa, 127.

A statute is general and uniform in its operation when it operates equally upon all persons who are brought within the relations and circumstances provided for. Mc Aunich v. Mississippi, &c.

K. E. Co., 20 Iowa, 3.38.

That an act giving courts of a designated class jurisdiction over specified offences in some only of the counties of the state is not uniform, see Kelley v. State, 6 Ohio St. 269. A constitutional requirement that taxing shall be by a uniform rule, means by one and the same unvarying standard. Taxing by a uniform rule requires uniformity, not only in the rate of taxation, but also uniformity in the mode of the assessment. The uniformity must be coextensive with the territory to which the assessment applies; if it is a state tax, it must be uniform all over the state; if a county, town, or city tax, it must be uniform throughout the extent of the territory to which it is applicable. The uniformity must be extended to all property subject to taxation, so that all property may be taxed alike, equally; that is taxing by a uniform rule.

Exchange Bank v. Hines, 3 Ohio St. 1.

Uniformity of process act.

The English statutes 2 Wm. IV. eh.

39, by which a more simple and uniform course of proceeding for the commencement of personal actions was established. Until the passing of that statute, the practice or forms of proceeding in the three superior courts at this statute were founded on the report of the common-law eoramissianers, a body of distinguished men in the legal professioii, appointed to consider the effects of the then existing system, with a view to its correction. In some important particulars, however, the enactments of the Stat. 2 Wm. IV. ch. 39, have been again altered by the more recent act of 1 & 2 Vict. ch.

110. Brown.