 | 1871 - 982 pages
...statute is to be construed have been settled ever since Heydon's case, 3 Rep. 7. ab Four things are to be considered : — First, What was the common law before...the common law did not provide ? third, What remedy the Parliament had resolved and appointed ? and fourth, The true reason 61 the remedy. And in Dwarris... | |
 | Samuel March Phillipps - 1838 - 586 pages
...are to be discerned and considered: 1st. What was the common law before the making of the acts : 2nd. What was the mischief and defect, for which the common law did not provide: 3rd. What remedy the parliament hath resolved and appointed, to cure the disease of the commonwealth... | |
 | 1841 - 690 pages
...subsequent incumbrance could not avoid a prior charge — the prior deed had the prior right. Again, what was the mischief and defect for which the common law did not provide ? We have the answer to that question in the preamble of the act itself, which is " For " securing... | |
 | 1841 - 692 pages
...by Papists, to the great " prejudice of the Protestant interest thereof," &c. Thus it appears that the mischief and defect for which the common law did not provide, and which the statute was meant to cure, was this, that, as at common law the prior deed had the prior... | |
 | Herbert Broom - 1845 - 544 pages
...four points are to be considered : 1st, what was the common law before the making of the act; 2ndly, what was the mischief and defect for which the common law did not provide ; 3rdly, what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth... | |
 | John Raymond (of the Middle Temple.) - 1846 - 72 pages
...are to be discerned and considered : 1 . What was the common law before the making of the act ? 2. What was the mischief and defect for which the common law did not provide ? 3. What remedy the parliament hath resolved and appointed to cure the disease of the commonwealth... | |
 | Denis Caulfield Heron, Hercules Henry Graves MacDonnell, William Neilson Hancock - 1846 - 140 pages
...are " to be discerned and considered : 1. What was the com" mon law before the making of the act ? 2. What was " the mischief and defect for which the common law did " not provide ? 3. What remedy the parliament hath " resolved and appointed to cure the disease of the common" wealth... | |
 | E. Fitch Smith - 1848 - 1040 pages
...four points are to be considered : 1st, what was the common law before the making of the act ; 2ndly, what was the mischief and defect for which the common law did not provide ; 3rdlv, what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth... | |
 | John Jane Smith Wharton - 1848 - 726 pages
...enlarging, the common law : — 1st, what was the common law before the making ot the act ¡ 2ndly, what was the mischief and defect for which the common law did not provide ; 3dly, what remedy the Parliament bus resolved and appointed to cure the disease of the commonwealth... | |
 | 1857 - 598 pages
...ordinary legislative act, containing in its purview no expression of its object, the rules are these. First, what was the Common law before the making of...act? • Second, what was the mischief and defect against which the Common law did not provide ? Third, what remedy the Legislature hath resolved to... | |
| |
Exchequer], that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: — 1st. What was the common law before the making... 
