On the Interpretation of StatutesW. Maxwell & Son, 1875 - 458 pages |
From inside the book
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Page 3
... unless it appears , upon an examination of the rest of the law to which the passage under consideration belongs , that they were used in a different sense ( a ) . When the language is free from ambiguity , the task of interpretation can ...
... unless it appears , upon an examination of the rest of the law to which the passage under consideration belongs , that they were used in a different sense ( a ) . When the language is free from ambiguity , the task of interpretation can ...
Page 8
... unless he received the sacrament , took the abjuration oath , and filed certain certificates within six months from his declaring himself a Protestant , a compliance after that time was held insufficient ( c ) . If an Act of Parliament ...
... unless he received the sacrament , took the abjuration oath , and filed certain certificates within six months from his declaring himself a Protestant , a compliance after that time was held insufficient ( c ) . If an Act of Parliament ...
Page 12
... unless their value was declared and insured , was construed literally as exempting him from liability , even when the loss was owing to his negligence ( c ) . It was held that section 50 of the Common Law Procedure Act of 1854 , which ...
... unless their value was declared and insured , was construed literally as exempting him from liability , even when the loss was owing to his negligence ( c ) . It was held that section 50 of the Common Law Procedure Act of 1854 , which ...
Page 13
... unless it furnishes adequate grounds to justify the inference that the Legislature intended something which it has failed precisely to express ( c ) . Words , therefore , cannot be added to an Act to supply an omission which may be ...
... unless it furnishes adequate grounds to justify the inference that the Legislature intended something which it has failed precisely to express ( c ) . Words , therefore , cannot be added to an Act to supply an omission which may be ...
Page 16
... unless judgment was signed " or " execu- tion was " issued " within the same period ; the Court of Queen's Bench refused to alter " or " into " and , " and " issued " into " levied ; " though the passage was unmeaning as it stood , and ...
... unless judgment was signed " or " execu- tion was " issued " within the same period ; the Court of Queen's Bench refused to alter " or " into " and , " and " issued " into " levied ; " though the passage was unmeaning as it stood , and ...
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Common terms and phrases
9 QB Act of Parliament Act which imposed action Admiralty appeal Atty.-Genl authorised authority Bank Bank of England bill Bing Brown common law Comp construction construed contract County Courts creditors damage debtor declared duty earlier East effect Eliz empowered enactment exempted express extend felony foreign give given ground held to apply Hungerford Market impliedly imposed a penalty indictment insolvent Inst intention interpretation judge judgment jurisdiction justices land language later Act latter leases Legislature Legislature intended liable licensed limited Llangian London Lord Lord Mansfield Lord Tenterden meaning Metrop object offence owner parish party person preamble principle prohibited punishment purpose Quarter Sessions recited remedy repealed rule ship statute Statute of Frauds Statute of Limitations Stra Superior Courts tion valid Vict void words
Popular passages
Page 30 - ... of the person in charge of the deck of the ship at the time, unless it is shown to the satisfaction of the Court that the circumstances of the case made a departure from the regulation necessary.
Page 290 - Ships navigating within the limits of the port to which they belong: (6.) Ships passing through the limits of any pilotage district on their voyages between two places both situate out of such limits, and not being bound to any place within such limits nor anchoring therein.
Page 334 - But when a public duty is imposed, and the statute requires that it shall be performed in a certain manner, or within a certain time, or under other specified conditions, such prescriptions may well be regarded as intended to be directory only, when injustice or inconvenience to others who have no control over those exercising the duty, would result, if such requirements were essential and -Imperative.
Page 192 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 204 - shall include every description of vessel used in navigation not propelled by oars...
Page 209 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence.
Page 331 - A provision in a statute, rule of procedure, or the like, is said to be directory when it is to be considered as a mere direction or instruction of no obligatory force, and involving no invalidating consequence for its disregard, as opposed to an imperative or mandatory provision which must be followed.
Page 236 - They will not readily presume, out of respect and duty to the lawgiver, that any very unjust or absurd consequence was within the contemplation of the law. But if it should happen to be too palpable in its direction to admit of but one construction, there is no doubt in the English law, as to the binding efficacy of the statute. The will of the legislature is the supreme law of the land, and demands perfect obedience.
Page 120 - The measure of damages for breach of a contract is determined by the law of the place of performance; Restatement, Conflict of Laws § 413.