RETROSPECTIVE (Lat. retro, back, spectare, to look). Looking backward. Having reference to a state of things ex isting before the act in question.
2. This word is usually applied to those aets of the legislature vvhich are made to operate upon some subject, contract, or crime which existed before the passage of the acts; and they are therefore called retrospective laws. These laws are generally unjust, and are to a certain extent forbidden by that article in the constitution of the United States which pro hibits the passage of ex post facto laws or laws impairing contracts. See Ex POST FACTO LAW.
3. The right to pass retrospective laws, with the exceptions above mentioned, exists in the several states, according to their own con stitutions, and they become obligatory if not prohibited by the latter. 4 Serg. & R. Penn. 864 ; 3 Dall. Penn. 396; 1 Bay, So. C. 179 ; 7 Johns. N. Y. 477. See 3 Serg. & R. Penn. 169 ; 2. Cranch, 272; 2 Pet. 414 ; 8 id. 110 ; 11 id. 420 ; 1 Baldw. C. C. 74; 5 Penn. St. 149.
4. An instance may be found in the laws of Connecticut. In 1795. the legislature
passed a resolve setting aside a decree of a court of probate disapproving of a will, and granted a new hearing: it was held that the resolvu, not being against any constitutional principle in that state, was valid. 3 DalL 386. And in Pennsylvania a judgment was opened by the act of April 1, 1837, which was holden by the supreme court to be con stitutional. 2 Watts & S. Penn. 271.
5. Laws should never be considered as ap plying to cases which arose previously to their passage, unless the legislature have clearly declared sueh to be their intention. 12 La. 352. See Barrington, Stat. 466, n. ; 7 Johns. N. Y. 477 ; 1 Kent, Comp'. 455 ; Taylor, Civil Law, 168 ; Code, 1. 14. 7 ; Bracton, 1. 4, f. 228 ; Story, Const. 1393; 1 McLean, C. C. 40; 1 Meigs, Tenn. 437; 3 Dall. Penn. 391 ; 1 Blackf. Ind. 193; 2 Gall. C. C. 139 ; 1 Yerg. Tenn. 360; 5 id. 320; 12 Serg. & R. Penn. 330.