A Commentary on the Interpretation of StatutesF.D. Linn, 1888 - 871 pages |
From inside the book
Results 1-5 of 82
Page i
... merely that of an American editor of the English work . While engaged upon that duty , I found the mass of new matter to be incorporated so great and so important to the American lawyer that its relegation to foot - notes appeared im ...
... merely that of an American editor of the English work . While engaged upon that duty , I found the mass of new matter to be incorporated so great and so important to the American lawyer that its relegation to foot - notes appeared im ...
Page 8
Gustav Adolf Endlich. contrary to their meaning , as embracing or excluding cases merely because no good reason appears why they should be excluded or embraced ( a ) . However unjust , arbitrary or in- convenient the intention conveyed ...
Gustav Adolf Endlich. contrary to their meaning , as embracing or excluding cases merely because no good reason appears why they should be excluded or embraced ( a ) . However unjust , arbitrary or in- convenient the intention conveyed ...
Page 15
... merely because the summons could not be served by reason of the defendant having absented himself , and could not be renewed or continued , because the justice who had issued it had died ( d ) . taking the acknowledgment at- testing ...
... merely because the summons could not be served by reason of the defendant having absented himself , and could not be renewed or continued , because the justice who had issued it had died ( d ) . taking the acknowledgment at- testing ...
Page 18
... merely , or the mode in which it was enjoyed ( b ) ; nor to a case where proceedings had not gone beyond a decree for an account , and the parties had then compromised without the knowledge of the solicitor of the party who thereby did ...
... merely , or the mode in which it was enjoyed ( b ) ; nor to a case where proceedings had not gone beyond a decree for an account , and the parties had then compromised without the knowledge of the solicitor of the party who thereby did ...
Page 28
... merely requiring their pres- ence . " ] § 21. Where a railway Act provided that the company , while in possession , under the Act , of lands liable to assess- ment to parochial rates , should , until its works were com- pleted and ...
... merely requiring their pres- ence . " ] § 21. Where a railway Act provided that the company , while in possession , under the Act , of lands liable to assess- ment to parochial rates , should , until its works were com- pleted and ...
Contents
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Other editions - View all
A Commentary on the Interpretation of Statutes Peter Benson Maxwell,G a 1856-1929 Endlich No preview available - 2015 |
Common terms and phrases
Act of Parliament action amendment ante appeal apply Ass'n Bank Barb Bish certiorari charter clause Com'th Comm'rs common law Comp constitution construction construed contract corporation court creditors debt declared duty earlier act effect enactment exemption express former give given grant held Ibid implied implied repeal imposed intention interpretation judgment judicial jurisdiction justices L. J. Ch land language later act latter legislative Legislature liable license limited Lord Lord Mansfield Mass meaning ment municipal object offence officers Ohio St operation pari materia party penal penalty person preamble prescribed presumption principle prohibited provision punishment purpose Quarter Sessions R. R. Co reference remedy repeal rule rule of construction sense Smith Stat statute statute of limitations statutory strict construction supra Taylor tion usury Vict void Wilb words
Popular passages
Page 156 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 27 - 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...
Page 719 - Every railroad company shall have the right with its road to intersect, connect with, or cross, any other railroad; and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
Page 736 - Any county, township, school district or other municipality, incurring any indebtedness, shall, at or before the time of so doing, provide for the collection of an annual tax, sufficient to pay the interest, and also the principal thereof within thirty years.
Page 550 - The High Court of Admiralty shall have Jurisdiction over any Claim by the Owner or Consignee or Assignee of any Bill of Lading of any Goods carried into any Port in England or Wales in any Ship, for Damage done to the Goods or any Part thereof by the Negligence or Misconduct of or for any Breach of Duty or Breach of Contract on the Part of the Owner, Master, or Crew of the Ship, unless it is...
Page 387 - 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 257 - ... by their warrant to remove and convey such person or persons to such parish where he or they were last legally settled, either as a native, householder, sojourner, apprentice or servant...
Page 289 - ... something which shows that the attention of the Legislature had been turned to the special act, and that the general one was intended to embrace the special cases within the previous one, or something in the nature of the general one making it unlikely that an exception was intended as regards the special act. The general statute is read as silently excluding from its operation the cases which have been provided for by the special one.
Page 706 - ... foreign Mercenaries, Savages and Slaves, for the avowed Purpose of reducing them to a total and abject Submission to the despotic Domination of the British Parliament, with many other Acts of Tyranny (more fully set forth in the Declaration of Congress) whereby all Allegiance and Fealty to the said King, and ' his Successors, are dissolved and at an End, and all Power and Authority derived from him ceased in these Colonies. And whereas it is absolutely necessary for the Welfare and Safety of...
Page 2 - may, in this particular case, operate to defeat the object of the Act ; but it is better to abide by this consequence than to put upon it a construction not warranted by the words of the Act, in order to give effect to what we may suppose to have been the intention of the Legislature.